STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-2393 RODOLFO LEAL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against RODOLFO LEAL. 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 983695, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), Health and Reading, which is valid through June 30, 2024. 2. At all times pertinent hereto, the Respondent was employed as a Second Grade Teacher at Aventura Waterways K-8 Center in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. Respondent has been proven to be incompetent to teach, as evidenced by: (a) During the 2013-2014 school year, Respondent received a summative performance evaluation that classified him as needs improvement. (b) During the 2014-2015 school year, Respondent received a summative performance evaluation that classified him as needs improvement. AC-2 RODOLFO LEAL Administrative Complaint Page 2 of 2 (c) During the 2015-2016 school year, Respondent received a summative performance evaluation that classified him as unsatisfactory. 4. On or about March 15, 2017, the Miami-Dade County School Board took action to suspend without pay and initiate dismissal proceedings against Respondent for incompetence. Respondent contested his termination. The finding of incompetence and Respondent’s termination was upheld on March 15, 2018, by the Division of Administrative Hearings. 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. 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_ November _, 2019. LMM RICHARD CORCORAN, as Commissioner of Education State of Florida AC-3

Docket for Case No: 21-001314PL