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.
|