STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 123-3257 RICHARD HERLONG PALMER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against RICHARD HERLONG PALMER. 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 spectfically 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 907033, covering the areas of English, English for Speakers of Other Languages (ESOL), Middle Grades Integrated Curriculum, Reading, Exceptional Student Education and Autism Spectrum Disorder, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as an Autism Spectrum Disorder Teacher at Atlantic Coast High School in the Duval County School District. MATERIAL ALLEGATIONS 3, On or about April 8, 2013, the Respondent signed the 2012-2013 test administrator prohibitive activities agreements (“Security Agreements”) 4, The Respondent’s signed Security Agreements contained the following prohibited activities: read test items or read student responses, read through student test documents, reading RICHARD HERLONG PALMER Administrative Complaint Page 2 of 3 or viewing the passages or test items and explaining or reading passages or test items for students. 5, During the 2012-2013 school year, the Respondent failed to follow test administration rules and/or protocol in his actions alleged in this Administrative Complaint. Specifically, the Respondent assisted one student, M.F., during the FCAT test. The Respondent’s assistance included reading test questions to student M.F. and holding a pencil and following along the passage as student M.F, read. 6. As a result of the Respondent’s conduct, M.F.’s FCAT test was invalidated, 7. On or about August 12, 2013, the Respondent was suspended for 30 days without pay. The Petitioner charges: STATUTE VIOLATIONS COUNT i: 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 1008 .24(1)(g), Florida Statutes, in that Respondent participated in, directed, aided, counseled, assisted in, or encouraged any o the acts prohibited in this section. COUNT 4: — 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 effectiveness as an employee of the school board. COUNTS: 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. COUNT 6: The Respondent is in violation of Section 1012.795(1)Ck), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. RICHARD HERLONG PALMER Administrative Complaint Page 3 of 3 RULE VIOLATIONS COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(2), 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. COUNT 8: 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 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 [Oday of _Aoril _, 2015, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-006284PL