Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: MIA Y. MERRITT
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Apr. 05, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 7, 2010.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as )O- 18a! FL
Commissioner of Education,
Petitioner,
vs. CASE NO. 078-2915
MIA Y. MERRITT,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Cominissioner of Education, files this Administrative
Complaint against MIA Y. MERRITT. 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 738398, covering the areas of
Educational Leadership, Elementary Education and Exceptional Student Education, which is valid
through June 30, 2014. ~
2. Atall times pertinent hereto, the Respondent was employed as an Assistant Principal
at Skyway Elementary School in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. Between February 26, 2007 and March 2, 2007, the Florida Comprehensive
Assessment Test (FCAT) was administered at Skyway Elementary School.
4. Subsequent to the administration of the FCAT, in or around March 2007, the
Respondent, or someone with her knowledge, supervision and direction, reviewed answer sheets
from approximately forty-eight (48) fifth grade math tests, erased student answers, and repiaced
student answers with correct answers.
MIA Y. MERRITT
Administrative Complaint
Page 2 of 4
5. The Respondent was responsible for overseeing the administration of the FCAT for
the 2006-2007 school year and failed to report the improper removal of assessment materials from
their secured location.
6. During an investigation relating to the conduct alleged in paragraphs 4 and 5 of this
complaint, the Respondent did not provide officials of her school district or the Department of
Education with an accurate and honest account of the circumstances surrounding the fifth grade
math test answer sheets.
7. The Respondent is 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.
8. The Respondent is in violation of Section 1008.24(1)(c), Florida Statutes, in that
Respondent coached examinees during testing or altered or interfered with examinees’ responses.
9. The Respondent is in violation of Section 1008.24(1)(e), Florida Statutes, in that
Respondent failed to follow security rules for distribution and return of secure test as directed, or
failed to account for all secure test materials before, during, and after testing.
10. 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.
11. Theallegations of misconduct set forth herein are in violation of Rule 6A-10.042(1),
Florida Administrative Code, in that Respondent failed to maintain/administer tests in a manner to
preserve test integrity.
12. The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(1)(c), Florida Administrative Code, in that Respondent assisted examinees in answering
questions.
13. The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(1)(), Florida Administrative Code, in that Respondent has participated in, directed, aided
counseled, assisted in, or encouraged an activity which could result in the inaccurate measurement
or reporting of examinees’ achievement.
14. _ The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(2), Florida Administrative Code, in that Respondent failed to keep test materials, booklets,
MIA Y. MERRITT
Administrative Complaint
Page 3 of 4
answer keys, student responses secure and precisely accounted for.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: 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 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 her
effectiveness as an employee of the school board.
COUNT3: The Respondent is in violation of Section 1012.795(1)(), 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 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(3){d), Florida Administrative Code, in that Respondent has intentionally suppressed or
distorted subject matter relevant to a student’s academic program.
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(4)(b), Florida Administrative Code, in that Respondent has intentionaliy distorted or
misrepresented facts concerning an educational matter in direct or indirect public expression.
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 comnection with
professional activities.
MIA Y. MERRITT
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 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 \G> aay of Foores on a 7 2010.
DR. C J. SMITH, as
Commissioner of Education
State of Florida
Docket for Case No: 10-001821PL
Issue Date |
Proceedings |
Jun. 07, 2010 |
Order Closing File. CASE CLOSED.
|
Jun. 04, 2010 |
Motion for Voluntary Dismissal of DOAH Action Respondent to Transfer Case to DOE for "Informal Proceedings" filed.
|
May 07, 2010 |
Order of Pre-hearing Instructions.
|
May 07, 2010 |
Notice of Hearing (hearing set for June 18, 2010; 9:00 a.m.; Miami, FL).
|
May 06, 2010 |
Order of Severance.
|
May 05, 2010 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Apr. 21, 2010 |
Order of Consolidation (DOAH Case Nos. 10-0111PL, 10-1821PL), Denying Motion for Status Conference; and Canceling Hearing in DOAH Case No. 10-0111PL
|
Apr. 14, 2010 |
Merritt's Response to Petitioner's Reply filed.
|
Apr. 14, 2010 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Apr. 14, 2010 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Apr. 14, 2010 |
Notice of Service of Petitioner's First set of Interrogatories to Respondent filed.
|
Apr. 09, 2010 |
Response in Opposition to Motion to Consolidate and in Opposition to Motion for Status Conference filed.
|
Apr. 05, 2010 |
Initial Order.
|
Apr. 05, 2010 |
Administrative Complaint filed.
|
Apr. 05, 2010 |
Election of Rights filed.
|
Apr. 05, 2010 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Apr. 05, 2010 |
Agency referral filed.
|