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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs GEORGINA SANTIAGO, 07-005669PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005669PL Visitors: 26
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: GEORGINA SANTIAGO
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Dec. 13, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 19, 2008.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION eos O1- Sled PE JOHN L, WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 645:3808°3 GEORGINA SANTIAGO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against GEORGINA SANTIAGO. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 658273, covering the area of Mathematics, which is valid through June 30, 2009. 2. Atall times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Key Biscayne K-8 Center in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. Prior to the March 2005 administration of the Florida Comprehensive Assessment Test (FCAT), Respondent provided her students with a sample question that was remembered by her students who had taken the test the previous year. 4. Following the March 2005 administration of the FCAT, Respondent instructed her students who had taken the test to record problems that they could remember from the test. Respondent graded students on this task and awarded credit based on the number of problems GEORGINA SANTIAGO Administrative Complaint Page 2 of 3 remembered and the completeness of the information provided. STATUTE VIOLATIONS COUNT 1: The Respondentis in violation of Section 1008.24(1), Florida Statutes, in that Respondent knowingly and willfully violated test security rules adopted by the State Board of Education for mandatory tests administered by or through the State Board of Education or the Commissioner of Education to students, educators, or applicants for certification or administered by school districts pursuant to s. 1008.22. COUNT 2: The Respondent is in violation of Scction 1008.24(1)(a), Florida Statutes, in that Respondent gave examinees access to test questions prior to testing. COUNT 3: The Respondent is in violation of Section 1008.24(1)(b), Florida Statutes, in that Respondent copied, reproduced, or used in any manner inconsistent with test sccurity rules all or any portion of any secure test booklet. COUNT 4: The Respondent is in violation of Section 1008.24(1)(f), Florida Statutes, in that Respondent knowingly and willfully failed to follow test administration directions specified in the test administration manuals. COUNT 5: The Respondent is in violation of Section 1008.24(1)(g), Florida Statutes, in that Respondent participated in, directed, aided, counseled, assisted in, or encouraged any of the acts prohibited in this section. COUNT 6: ‘The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 7: The Respondent is in violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RUL ATIONS COUNT 8; The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1), Florida Administrative Code, in that Respondent failed to maintain or secure test in a manner to preserve test integrity. COUNT 9: Thc allegations of misconduct set forth herein are in violation of Rule 6B- 10.042(1\(b), Florida Administrative Code, in that Respondent revealed, copied or otherwise reproduced individual test questions. GEORGINA SANTIAGO Administrative Complaint Page 3 of 3 COUNT 10: The allegations of misconduct sct 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. 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 pursnant 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 cducator’s certificate for a period of time not to excced five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; 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 «2/57 — day of J Ve hes). 2006, lite Commissioner of Education State of Florida

Docket for Case No: 07-005669PL
Issue Date Proceedings
Feb. 19, 2008 Order Closing File. CASE CLOSED.
Feb. 18, 2008 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Jan. 17, 2008 Respondent`s Notice of Serving Responses to Petitioner`s Request for Admissions filed.
Jan. 17, 2008 Respondent`s Response to Request for Admissions filed.
Jan. 17, 2008 Respondent`s Notice of Serving Responses to Petitioner`s Request for Admissions filed.
Dec. 31, 2007 Order of Pre-hearing Instructions.
Dec. 31, 2007 Notice of Hearing (hearing set for February 26 and 27, 2008; 9:30 a.m.; Miami, FL).
Dec. 21, 2007 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Dec. 21, 2007 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Dec. 21, 2007 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Dec. 20, 2007 Joint Response to Initial Order filed.
Dec. 13, 2007 Administrative Complaint filed.
Dec. 13, 2007 Election of Rights filed.
Dec. 13, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Dec. 13, 2007 Agency referral filed.
Dec. 13, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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