STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 112-2702 MIREDLY MOLLINEDO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Comtnissioner of Education, files this Administrative Complaint against MIREILY MOLLINEDO. 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 tn Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 794083, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), and Primary Education, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at South Hialeah Elernentary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about April 19, 2012, the Respondent administered the Florida Comprehensive Assessment Test (FCAT) to her fifth grade class, 4, In preparation for the test, the Respondent signed a “FCAT Administration and Security Agreement,” under which she apreed: (a) To abide by Rule 6A-10.0042, F.A.C. and Section 1008.24, F.S. MIREILY MOLLINEDO Administrative Complaint Page 2 of 4 (b) To avoid the following examples of prohibited activities: 1. Reading or viewing tlie passages of test items; 2. Revealing the passages or test items: Ww . Copying the passages or test items; 4. Explaining or reading passages or test items for students: 5. Changing or otherwise interfering with student respohses to test items; 6. Copying or reading student responses; and 7. Causing achievement of schools’ to be inaccurately measured or reported, (c) Further, the Agreement indicated that “all personnel are prohibited fromi examining or copying the test items and/or the concepts of student test books and answer documents, The security of all test materials must be maintained before, during, and after the test administration...” (d) Under the Agreement, the Respondent specifically agreed, “I will not. reveal or disclose any information about the test items or engage in any acts that would violate the security of the FCAT/FCAT 2.0 and cause student achievement to be inaccurately represented or reported.” (e) Further, on or about April 11, 2012, the Respondent signed a “Test Administrator Prohibited Activities Agreement, which listed the prohibited activities in relevant part: 1. Opening and checking through test books: and 2. Discussing the content of the test with students, 5. On or about April 19, 2012, the Respondent wrote questions from the FCAT on the board before testing and/or during the break for Session Two of the FCAT Math test. The FCAT Math tests for the Respondent’s students were never scored and later securely destroyed. 6. The Réspondent 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. MIREILY MOLLINEDO Administrative Complaint Page 3 of 4 7. The Respondent is in violation of Section. 1008.24(1)( a), Florida Statutes, in that Respondent gave examinees access'to test questions ptior to testing. 8. The Respondent is in violation. of Section 1008.24(1)(b), Florida Statutes, in that Respondent copied, reproduced, or used in any manner inconsistent with test security rules all or any portion of any secure test booklet. 9, 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. 10. The Respondent is in violation of Section 1008.24(1)(f), Florida Statutes, in that Respondent, knowingly and willfully failed to follow test administration directions specified in the test administration manuals, 11. 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. 12, The allegations 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. 13. The allegations of misconiduct set forth herein are in violation of Rule 6A- 10.042(1)(b), Florida Administrative Code, in that Respondent revealed, copied, or otherwise reproduced tests or individual test questions. 14. The allegations of misconduct set forth herein are in violation of Rule 6A- 9.042(1)(c), Florida Administrative. Code, in that Respondent assisted examinees in answering questions. 1S. The allegations of misconduct set forth herein are in violation of Rule 6A- 0.042(1)(f), 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. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. MIRETLY MOLLINEDO Administrative Complaint Page 4 of 4 RULE VIOLATIONS COUNT 2: 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: 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 Practicés 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 réprimand: 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 (Sy. __ day of June » 2014, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-004794PL