STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissionér of Education, Petitioner, VS. CASE NO. 123-0666 TIM JUDE RUNYAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against TIM JUDE RUNYAN. 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 6A-10.081, 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. 579017, covering the areas of Health Education and Physical Education, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at J.E.B. Stuart Middle School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about March 31, 2012, the Respondent administered the Post CAST (“Collaborative Assessment for Teachers”) Test for Physical Education to sixth grade students. The CAST test measures student growth in electives and physical education classes. The results of the test are utilized in calculating one-half of the educator’s annual evaluation. 4, While administering the Post CAST test on March 31, 2012, the Respondent failed to follow proper testing protocol in that he improperly read the questions aloud and provided his students with the answers to approximately one-half of the test questions. TIM JUDE RUNYAN Administrative Complaint Page 2 of 3 5. As the result of the Respondent’s actions the students’ test results were invalidated. 6. On or about August 22, 2012, the Respondent received a written letter of reprimand for the conduct described herein. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is 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. RULE VIOLATIONS COUNT 2: The allegations. of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(a), Florida. Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 3: ‘The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. (SIGNATURE ON FOLLOWING PAGE) TIM JUDE RUNYAN 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 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 \@_—_ dayof December , 2013. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-001485PL