Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MEGAN FAIRCHILD
Judges: E. GARY EARLY
Agency: Department of Education
Locations: Ocala, Florida
Filed: Jul. 13, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 26, 2016.
Latest Update: Jan. 10, 2025
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
VS, CASE NO. 145-3025
MEGAN FAIRCHELD,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against MEGAN FAIRCHILD. The Petitioner seeks the appropriate disciplinary
sanction of the Respondent’s educator’s certificate pursuant to sections 1012.315, 1042.795, 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
Ee tte
1. The Respondent holds Florida Educator’s Certificate 1077322, covering the areas
of Elementary Education, English for Speakers of Other Languages (“ESOL”) and Exceptional
Student Education (“ESE”), which is valid through June 30, 2017.
2. At all times pertinent hereto, the Respondent was employed as an ES8& Teacher at
Maplewood Elementary School in the Marion County School District.
MATERIAL ALLEGATIONS
3. On or about February 25, 2015, Respondent signed the Spring 2015 Florida
Alternate Assessment Test Administration and Security Agreement. On or about February 27,
2015, Respondent completed Florida Alternate Assessment training. On or about March 11,
2015; March 12, 2015, and March 17, 2015; Respondent failed to properly administer the Florida
Alternate Assessment to four exceptional education students. Furthermore, in administering the
aforementioned examination, Respondent misrepresented the scores of the students who took
said examination. Respondent’s conduct includes, but is not Jimited to:
MEGAN FAIRCHILD
Administrative Complaint
Page 2 of 3
(a) Failing to administer the fourth grade writing portion of the Florida
Alternate Assessment;
(b) Failing to properly secure testing materials and failing to follow proper
testing procedures and protocols;
(c) Fraudulently submitting T.M.’s answer sheet. The aforementioned
student was absent on March 11, 2015 and March 12, 2015. T.M. was
present on March 17, 2015; however, the student was not administered the
Florida Alternate Assessment. Nonetheless, Respondent submitted a
score/answer sheet representing that he had completed said examination;
(d) Transcribing students’ answers on behalf of students without said
students indicating an answer to a given question, and
(e) Failing to administer the math portion of the Florida Alternate
Assessment to student A.M.
4, As a result of Respondent’s conduct, all four students’ Florida Alternate
Assessment examinations were invalidated.
The Petitioner charges:
STATUTE VIGLATIONS
COUNT I: ~ 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(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 fo the student's mental
bealth and/or physical health and/or safety.
COUNT 3: 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 4: The Respondent is in violation of Rule 6A-10.081(5)03), Florida
Administrative Code, in that Respondent has submitted fraudulent information on a document in
connection with professional activities.
(SIGNATURE ON FOLLOWING PAGE)
MEGAN FAIRCHILD
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 day of Fionaan 52016.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 16-003895PL
Issue Date |
Proceedings |
Oct. 26, 2016 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Oct. 26, 2016 |
Joint Motion to Close File and Relinquish Jurisdiction to the Education Practices Commission filed.
|
Sep. 09, 2016 |
Order Canceling Hearing and Requiring Status Report (parties to advise status by October 24, 2016).
|
Sep. 09, 2016 |
Respondent's Unopposed Motion to Continue or Hold in Abeyance Final Hearing filed.
|
Aug. 09, 2016 |
Notice of Taking Deposition (of Megan Fairchild) filed.
|
Aug. 03, 2016 |
Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
|
Jul. 25, 2016 |
Certificate of Service of Discovery filed.
|
Jul. 20, 2016 |
Order of Pre-hearing Instructions.
|
Jul. 20, 2016 |
Notice of Hearing (hearing set for September 15, 2016; 10:00 a.m.; Ocala, FL).
|
Jul. 19, 2016 |
Joint Response to Initial Order filed.
|
Jul. 13, 2016 |
Initial Order.
|
Jul. 13, 2016 |
Administrative Complaint filed.
|
Jul. 13, 2016 |
Election of Rights filed.
|
Jul. 13, 2016 |
Agency referral filed.
|