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DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION vs ALICIA WALKER, 13-002966PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-002966PL Visitors: 5
Petitioner: DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION
Respondent: ALICIA WALKER
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Mayo, Florida
Filed: Aug. 12, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 11, 2013.

Latest Update: Jul. 04, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, Petitioner, vs. CASE NO. 123-0583 ALICTA LANE WALKER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commnissioner of Education, files this Administrative Complaint against ALICLA LANE WALKER. The Petitioner seeks the approptiate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.3 15, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6A-10.081 > Florida Administrative Code, Pritciples ~ 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 L. The Respondent holds Florida Educator’s Certificate 447324, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at Lafayette Elementary School in the Lafayeite County School District. MATERIAL ALLEGATIONS 3. During the 20] 1-2012 school year the Respondent engaged.in inappropriate conduct in her classroom in that she violated testing protocol by permitting one of her students to change or correct answers on the Test of Adult Basic Education (TABE) examination after the time for testing had expired. The Respondent intended by her actions to allow the student to receive a higher scoré than that which he was properly entitled to receive. ALICIA LANE WALKER. Administrative Complaint Page 2 of 3 4. After completion of the testing, the Respondent attempted to intimidate the student into denying her misconduct by ielling him he would be deported from the United States if anyone found out that she had helped him on the test. 5. As the result of her actions the Lafayette County School District barred the Respondent from administering the TABE test and the testing of Even Start students for the remainder of the 2011-2012 school year. In addition, the Respondent’s employment in the Adult Education after school program was terminated for the remainder of the 2011-2012 school year. 6. The Respondent is in violation of Section 1 008.24(1)(c), Florida Statutes, in that the Respondent coached examinees during testing or altered or interfered with examiniees’ responses. 7. The Respondent is in violation of Rule 6A-10.042(1)(H, Florida Administrative — Code, in that Respondent participated in, directed, aided, counseled, assisted in, or encouraged an activity which could result in the inaccurate measurement or reporting of examinees’ achievement, The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 ber effectiveness as an employee of the school board. COUNT 2: The Respondentis in violation of Séction 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. COUNT 3: The Respondent is in violation of Section 1012.795(1)(k), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081 (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 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. ALICIA LANE WALKER Administrative Complaint Page 3 of 3 COUNT 6: — The allegations of misconduct set forth herein are in violation of Rule 64- 10.08 1(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. 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 recornmends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator's certificate pursvant 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 ate 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 exoeed 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 ineli gible 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 22 aay of Prpei (2013. DR. TONY BENNETT as Commissioner of Education State of Florida

Docket for Case No: 13-002966PL
Issue Date Proceedings
Oct. 11, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 10, 2013 Unopposed Motion to Cancel Hearing, Close File and for Remand filed.
Sep. 06, 2013 Notice of Taking Respondent's Deposition filed.
Aug. 19, 2013 Order of Pre-hearing Instructions.
Aug. 19, 2013 Notice of Hearing (hearing set for October 17, 2013; 9:30 a.m.; Mayo, FL).
Aug. 14, 2013 Joint Response to Initial Order filed.
Aug. 13, 2013 Petitioner's Request for Admissions filed.
Aug. 13, 2013 Petitioner's First Request for Production of Documents filed.
Aug. 13, 2013 Notice of Service of Petitioner's First Interrogatories to the Respondent filed.
Aug. 13, 2013 Initial Order.
Aug. 12, 2013 Administrative Complaint filed.
Aug. 12, 2013 Election of Rights filed.
Aug. 12, 2013 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Aug. 12, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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