DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 078-3507 AMANDA RACHEL JACOBS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against AMANDA RACHEL JACOBS. 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 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 956264, covering the areas of Pre-Kindergarten/Primary Education and Exceptional Student Education, which is valid through June 30, 2013. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Bonneville Elementary School in the Orange County School District. MATERIAL ALLEGATIONS 3. During the 2007/2008 school year, the Respondent failed to keep accurate measurements of students’ progress toward the goals stated in their Individual Education Plans (EPs). The Respondent falsified student records as follows: A. The Respondent indicated on student records that she had assessed students on days when the students were absent, and on days when school was not in session; AMANDA RACHEL JACOBS Administrative Complaint Page 2 of 4 B. The Respondent indicated on student records that students were absent (and therefore not assessed) when they were actually present; C. The Respondent falsely indicated she had assessed students’ progress towards goals prior to the goals being established; D. The Respondent completed two conflicting monthly assessment forms for J.B. for September and two conflicting assessment forms for October 2007. In addition, the Respondent falsified records for J.B.’s IEP “goal 2B” and/or failed to accurately assess his progress toward this goal, as evidenced by the fact that he was documented as “inconsistently participates” in months immediately preceding the winter holiday break, and showed immediate, invariable mastery in the days following the winter break; and E. The Respondent failed to assess and document monthly progress for one or more students for one or more months. 4. As a result of the Respondent’s failure to adequately assess students, failure to document assessment, and falsification of student records, the school was unable to accurately assess student progress toward their IEPs. The school was forced to offer all students in the class an extended year program to safeguard their progress. 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)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 3: 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 her effectiveness as an employee of the school board. COUNT 4: The Respondents in violation of Section 1012.795(1 }G), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. AMANDA RACHEL JACOBS Administrative Complaint Page 3 of 4 RULE VIOLATIONS COUNT 5: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(d), Florida Administrative Code, in that Respondent has intentionally suppressed or distorted subject matter relevant to a student’s academic program. COUNT 7: 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. COUNTS: The Respondentis in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) AMANDA RACHEL JACOBS Administrative Complaint Page 4 of 4 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 peried 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 Us day of Rbruon , 2009. Commissioner of Education State of Florida

Docket for Case No: 09-006986PL