STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 189-0798 TIRSO VALLS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against TIRSO VALLS. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6A-10.081, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1, The Respondent holds Florida Educator’s Certificate 746123, covering the areas of Physical Education and Mathematics, which is valid through June 30, 2022, 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Cutler Ridge Elementary School and Federal and State Compliance District Office in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2018/2019 school year, Respondent was found to be incompetent to perform the duties of an educator. Respondent’s incompetence was evidenced by his behavior, demeanor and inability to perform his duties, examples of which include but are not limited to: a) Respondent shoved, pushed, poked and struck multiple students. b) Respondent called students demeaning names such as dumb and ugly. c) Respondent’s instructions to students were at times confusing and contradictory. EPC-37 TIRSO VALLS Administrative Complaint Page 2 of 3 d) Respondent failed to demonstrate an ability to follow or create lesson plans consistent with state standards. e) Respondent reported to school with a disheveled appearance. f) Respondent failed to recognize the personal space of other individuals, often speaking or yelling directly into their faces. . g) Respondent failed to attend faculty meetings or workshops. h) Respondent repeatedly failed to follow through on tasks he was asked to do even after indicating that he would. i) Respondent exhibited bizarre behavior such as facing a wall and laughing after a difficult meeting with school administration. 4, On or about April 2, 2018, as a result of Respondent’s conduct, Respondent was required to submit to a fitness for duty evaluation. The results of the evaluation indicated that Respondent was not fit for duty as an educator. Respondent was given a series of options including but not limited to seeking a second opinion or retiring. Respondent failed to agree to a course of action and was therefore terminated by the school board on or about August 15, 2018. 5. Respondent appealed his dismissal and requested a formal hearing before an administrative law judge. On or about March 12, 2019, the administrative law judge filed a recommended order finding that Respondent was incompetent to perform the duties of an educator and upholding the termination of his employment by the school board. On or about April 30, 2019, the school board adopted the findings of fact and conclusions of law of the recommended order. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(c), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. COUNT 2:° The Respondent is in violation of section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces effectiveness as an employee of the school board. COUNT 3: The Respondent is in violation of section 1012.795(1)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)1, Florida Administrative Code, in that Respondent has failed to make reasonable EPC-38 TIRSO VALLS Administrative Complaint Page 3 of 3 effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator's certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; determining the Respondent to be ineligible for certification; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this 5*® dayof September , 2019. / Ne thi RICHARD CORCORAN, as Commissioner of Education State of Florida EPC-39

Docket for Case No: 21-000083PL