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PAM STEWART, AS COMMISSIONER OF EDUCATION vs TRACY CLARK-BASS, 16-001920PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001920PL Visitors: 58
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: TRACY CLARK-BASS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Orlando, Florida
Filed: Apr. 07, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 29, 2016.

Latest Update: Nov. 15, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-0254 TRACY N. CLARK-BASS, Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against TRACY N. CLARK-BASS. 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 748494, covering the areas of Biology and Varying Exceptionalities, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Biology Teacher at Apopka High School in the Orange County School District. MATERIAL ALLEGATIONS 5 3. On or about April 24, 2013, Respondent signed the Florida EOC Test Administration and Security Agreement which listed examples of prohibited. activities when administering Florida End of Course exams including but not limited to; Explaining or reading test items for students. Additionally, on the same day, Respondent signed the Test Administrator Prohibited Activities Agreement whereby Respondent agreed that during the administration of the exam she could not, among other things, Answer student questions about test items, Read tést items, or Coach students during testing regarding test-taking strategies. TRACY N. CLARK-BASS Administrative Complaint Page 2 of 4 4. On or about May 3, 2013, Respondent violated testing statutes and rules when administering the Florida Biology | End of Course Exam. Respondent’s conduct included but was not limited to: A. Assisting A.R., a fifteen year old, female student, by helping A.R. to set up a problem on the exam; B. Assisting P.W., a fifteen year old, female student, by helping P.W. to set up a problern on the exam; Cc, Assisting M.D., a fourteen year old, male student, by giving him a hint as to whether an answer was correct or not; and D. Reading questions to students while they were taking the exam. 5, On or about June 13, 2013, Respondent resigned in lieu of termination from her teaching position with the District as a result of her conduct. The Petitioner charges: COUNT 1: STATUTE VIOLATIONS 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 schoo! districts pursuant to Section 1008.22, COUNT 2: T in that Respondent coached responses. COUNT 3: T he Respondent is in violation of Section examinees during testing or altered o e Respondent is in violation of Section 008.24(1)(c), Florida Statutes, 0 r interfered with examinees! 08,24(1)(£), Florida Statutes, in that Respondent knowingly and willfully failed to follow test administration directions specified in the test administration manuals. COUNT 4: T the acts prohibited in thi COUNTS: = T s section. he Respondent is in vio he Respondent is in violation of Section in that Respondent participated in, directed, aided, counseled, ass ation of Section 08.24(1)(g), Florida Statutes, isted in, or encouraged any of 12.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces effectiveness as an emp oyee of the school board. TRACY N. CLARK-BASS Administrative Complaint Page 3 of 4 COUNT 6: 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 7; — 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. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(c), Florida Administrative Code, in that Respondent assisted examinees in answering questions. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6A- 10,042(1)(d), Florida Administrative Code, in that Respondent interfered with examinees answers while administering test. COUNT 10: The allegations of misconduct set forth herein are in violation of Rule 6A- 10,042(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. COUNT 11: The allegations of misconduct set forth herein are in violation of Rule 6A- 10,081(3)(a), Florida Adminisirative 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) TRACY N, CLARK-BASS Administrative Complaint Page 4 of 4 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 @ 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 fora period of time up to 10 years or permanently. 2 EXECUTED on this 272 day or June, 2018. _oyhtcwrs PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-001920PL
Issue Date Proceedings
Jun. 29, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 29, 2016 Unopposed Motion to Close File filed.
Jun. 15, 2016 Respondent's Notice of Service of Discovery Responses filed.
Jun. 13, 2016 Notice of Taking Deposition (of Tracey Clark-Bass) filed.
May 24, 2016 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for July 21, 2016; 9:30 a.m.; Orlando, FL).
May 17, 2016 Unopposed Motion for Continuance filed.
Apr. 26, 2016 Certificate of Service of Discovery filed.
Apr. 18, 2016 Notice of Hearing by Video Teleconference (hearing set for June 10, 2016; 9:30 a.m.; Orlando and Tallahassee, FL).
Apr. 18, 2016 Order of Pre-hearing Instructions.
Apr. 18, 2016 Joint Response to Initial Order filed.
Apr. 07, 2016 Initial Order.
Apr. 07, 2016 Administrative Complaint filed.
Apr. 07, 2016 Revised Election of Rights filed.
Apr. 07, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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