STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 145-3167 YAMILET CESPEDES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against YAMILET CESPEDES. 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 849989, covering the areas of Mathematics, Middle Grades Integrated Curriculum and World Language - Spanish, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Somerset Academy in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about February 12, 2015, Respondent signed the Test Administrator Prohibited Activities Agreement for administration of state and district standardized tests. By signing the agreement, Respondent agreed not to read test items or student responses, assist students in answering test questions or coach students on test strategies during the testing period. 4, On or about May 6, 2015, Respondent administered the Florida Standards Assessment Algebra 2 End of Course Exam, a state standardized test, to a group consisting of her YAMILET CESPEDES Administrative Complaint Page 2 of 3 own students along with the students of another teacher. During the administration of the test, Respondent assisted some of her own students by indicating answers and/or providing the students with hints or prompts to assist them in answering questions. 5. On or about May 7, 2015, Respondent was terminated from her teaching position as a result of her conduct. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. COUNT 2: 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 3: 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. COUNT 4: 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. (SIGNATURE ON FOLLOWING PAGE) YAMILET CESPEDES 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 1@™ day of (YIaven , 2016, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-004830PL