STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, ‘WS. ; CASE NO. 101-2659 DIANE POTTINGER-PUSEY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against DIANE POTTINGER-PUSEY. 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, arid 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 - i The Respondent holds Florida Educator’s Certificate 870022, covering the areas of Reading and Varying Exceptionalities, which is valid through June 30, 2016. 2. “At all times pertinent hereto, the Respondent was employed as an English Teacher at East Hall Middle School in Hall County, Georgia and held an educator's certificate issued by the State of Georgia. / MATERIAL ALLEGATIONS ° “3. During the Spring of 2009, the Respondent improperly assisted students taking the Criterion Referenced Competency Test (CRCT) by providing one student with a mathematical formula and giving students non-verbal indiéations of correct or incorrect answers on the test. The’ espondent’s conduct was in violation of test security standards. The students’ examination scores for the CRCT were invalidated. Filed October 23, 2012 9:16 AM Division of Administrative Hearings DIANE POTTINGER-PUSEY Administrative Complaint Page 2 of 3 4. On or about January 14, 2010, the Georgia Professional Standards Commission found probable cause to sanction the Respondent for failure to follow testing procedures. 5. On or about May 21, 2011, the Respondent entered into a consent order with the Georgia Professional Standards Commission whereby the Respondent’s Georgia educator's certificate was suspended for a retroactive period from August 3, 2010 through October 29, 2010. "The Petitioner charges: ., . STATUTE VIOLATIONS ; COUNT i: 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)(e), Florida Statutes, in that Respondent has had an educator certificate sanctioned by revocation, suspension, or surrender in another state. : . ‘COUNT 3: The Respondent is in violation of Section 10 12.795(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 LATIONS 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. . (SIGNATURE ON FOLLOWING PAGE) DIANE POTTINGER-PUSEY Administrative Complaint Page 3 of 3 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 10 12.795(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 teapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this 4 \or day of at fa he : 32012. Lond. GERARD ROBINSON, as . Commissioner of Education State of Florida

Docket for Case No: 12-003487PL