Division of Administrative Hearings FILED 7 (1-13 OD STATE OF FLORIDA EDUCATION PRACTICES COMMI CHARLIE CRIST, as Commissioner of Education, Date Petitioner, vs. CASE NO. 012-2110-B ORLANDO MARTINEZ DE CASTRO, (Y4-004 of p (_ Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against ORLANDO MARTINEZ DE CASTRO. The Petitioner seeks the appropriate disciplinary - sanction of the Respondent’s Educator’s Certificate pursuant to Sections 231.262 and 231.2615, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 800313, covering the area of Mathematics, which is valid through June 30, 2007. 2. Atall times pertinent hereto, the Respondent was employed as a Mathematics teacher at Booker T. Washington Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about March 16, 2002, the Respondent knowingly and willfully coached or assisted student examinees in answering questions and/or interfered with the examinees’ responses while they were taking the mathematics portion of a High School Competency Test he was administering and/or proctoring. The test was being administered to the students by or through the State Board of Education or the Commissioner of Education and/or was being implemented in accordance with the statutes set forth in Rule 6A-10.042(1), Florida Administrative Code. The Respondent interpreted the questions in Spanish or otherwise explained questions for students, helped them work math problems, provided them with the correct answers and/or confirmed whether their answers were correct. The district requested that the test scores for the mathematics section be ORLANDO MARTINEZ DE CASTRO Administrative Complaint Page 2 of 3 invalidated and that there be a special administration of the mathematics section to the impacted students. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 228.301(1)(c), Florida Statutes, in that Respondent has knowingly and willfully coached examinees - during testing or altered or interfered with the examinees’ responses on a test administered by or through the State Board of Education or the Commissioner of Education to students. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable 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. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(c), Florida Administrative Code, in that Respondent has assisted examinees in answering test questions while she was administering or proctoring the administration of a test implemented in accordance with the statutes set forth in Rule 6A-10.042(1), Florida Administrative Code. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(d), Florida Administrative Code, in that Respondent has interfered with examinees’ answers to questions while she was administering, proctoring or scoring a test implemented in accordance with the statutes set forth in Rule 6A-10.042(1), Florida Administrative Code. ORLANDO MARTINEZ DE CASTRO Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) and 231.2615(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this J dayof Sapte mbe mr, 2002. Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-000094PL