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PAM STEWART, AS COMMISSIONER OF EDUCATION vs BILLIE JO MAYO, 17-004216PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-004216PL Visitors: 5
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: BILLIE JO MAYO
Judges: LAWRENCE P. STEVENSON
Agency: Department of Education
Locations: Daytona Beach, Florida
Filed: Jul. 25, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 14, 2017.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-0029 BILLIE JO MAYO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against BILLIE JO MAYO. 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 1130616, covering the areas of Elementary Education, English, Hearing Impaired and Mathematics, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Holly Hill Elementary School in the Volusia County School District. MATERIAL ALLEGATIONS 3. On or about February 23, 2016, Respondent signed a Test Administrator Prohibited Activities Agreement whereby she agreed that while administering statewide assessments to students she would not: a) Read test items or student responses; b) Assist students in answering test items; c) Give verbal cues or non-verbal cues; or BILLIE JO MAYO Administrative Complaint Page 2 of 3 d) Coach students during testing regarding test-taking strategies, 4. On or about February 23, 2016, Respondent signed a Test Administration and Security Agreement whereby she agreed that while administering statewide assessments she would refrain from: a) Reading the passages or test items; b) Explaining or reading test items for students; or c) Changing or otherwise interfering with student responses to test items. 5. Despite signing the Test Administrator Prohibited Activities Agreement and Test Administration and Security Agreement, on or about May 11, 2016, while administering session two of the statewide Algebra 1 End of Course Assessment (assessment) to 35 eighth grade students, Respondent provided assistance to the students, including: a) Providing mathematic formulas; b) Coaching students on how to work out problems; and c) Verbally rephrasing questions. 6. As a result of Respondent’s conduct alleged in paragraph 6 herein, 17 students’ assessment scores were invalidated, and these students were required to retake the assessment. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(j), 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(2)(a)1, 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. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(b)3, Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 4: _ The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2){c)1, Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. BILLIE JO MAYO 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 [pls day of bons > 2017, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-004216PL
Issue Date Proceedings
Sep. 14, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 04, 2017 Joint Motion to Close File filed.
Aug. 29, 2017 Notice of Taking Deposition (Mayo) filed.
Aug. 25, 2017 Respondent's Response to Petitioner's First Request for Production of Documents to Respondent filed.
Aug. 25, 2017 Respondent's Response to Petitioner's First Request for Admissions filed.
Aug. 25, 2017 Respondent's Notice of Serving Responses to Interrogatories filed.
Aug. 22, 2017 Notice of Taking Deposition filed.
Aug. 22, 2017 Notice of Taking Deposition filed.
Aug. 22, 2017 Notice of Taking Deposition filed.
Aug. 16, 2017 Order of Pre-hearing Instructions.
Aug. 16, 2017 Notice of Hearing (hearing set for October 18 and 19, 2017; 9:00 a.m.; Daytona Beach, FL).
Aug. 10, 2017 Second Amended Joint Response to Initial Order filed.
Aug. 08, 2017 Certificate of Service of Discovery filed.
Jul. 27, 2017 Amended Joint Response to Initial Order filed.
Jul. 26, 2017 Certificate of Service of Discovery filed.
Jul. 26, 2017 Joint Response to Initial Order filed.
Jul. 25, 2017 Initial Order.
Jul. 25, 2017 Notice of Appearance (Richard Asselta).
Jul. 25, 2017 Administrative Complaint filed.
Jul. 25, 2017 Election of Rights filed.
Jul. 25, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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