STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 145-0147 BETTY J. MCCLENDON, Respondent. f ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against BETTY J. MCCLENDON. 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 964506, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL) and Reading, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher at Oceanway Middle School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about March 27, 2014, Respondent signed the Florida Comprehensive Assessment Test (FCAT) Test Administrator Prohibited Activities Agreement which included a clause whereby Respondent agreed that she understood that during testing she may not, “Encourage students to finish early.” On the same date, Respondent signed the FCAT 2.0 Test Administration and Security Agreement. 4. On or about April 17, 2014, Respondent administered the FCAT Science Test, BETTY J. MCCLENDON Administrative Complaint Page 2 of 3 parts 1 and 2 to her eighth grade students. During the course of the test administration, Respondent asked students if they were finished and when several said they were not, Respondent told them to hurry up and told the students she did not like to be last handing in her test materials. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 Section 1008.22. COUNT 2: 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. COUNT 3: 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 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. COUNTS: 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. (SIGNATURE ON FOLLOWING PAGE) BETTY J. MCCLENDON 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 Ise day of April , 2015. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-006023PL