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PAM STEWART, AS COMMISSIONER OF EDUCATION vs STEPHANIE PARKER, 17-005819PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-005819PL Visitors: 27
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: STEPHANIE PARKER
Judges: G. W. CHISENHALL
Agency: Department of Education
Locations: Panama City, Florida
Filed: Oct. 20, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 28, 2017.

Latest Update: Dec. 26, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-3472 STEPHANIE BROCKS PARKER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against STEPHANIE BROCKS PARKER. 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 751119, covering the areas of Business Education and Marketing, which is valid through June 30, 2022. 2. At all times pertinent hereto, the Respondent was employed as a Technology Education Teacher at A.C. Mosley High School in the Bay County School District, MATERIAL ALLEGATIONS 3. During the 2015-2016 school year, Respondent was responsible for proctoring Industry Certification Exams for her students. Teachers could receive a bonus payment and the school could receive additional funding for each Industry Certification Exam passed by their students. 4. Prior to proctoring, administering, or taking Certiport, Inc.’s Industry Certification Exams (Exams), Respondent agreed to adhere to Certiport, Inc.’s Exam STEPHANIE BROCKS PARKER Administrative Complaint Page 2 of 3 Administration Policies and Non-Disclosure Agreement and General Terms of Use for Certification Examinations, including the policies which state: a) Proctors may answer questions regarding the functionality of the exam software, but may not answer questions or provide instructions related to exam content; and b) The content of Certiport examinations is confidential and is protected by trade secret law and other applicable law...Examinee is expressly prohibited from disclosing, publishing, reproducing, summarizing, paraphrasing, or transmitting these examinations in whole or in part, in any form or by any means, verbal or written, electronic or mechanical, for any purpose... 5. Despite agreeing to the policies stated in paragraph 4 herein, during the 2015- 2016 school year, Respondent assisted her students while they took the Exams by answering student questions and providing explanations of the Exam questions. 6. Despite agreeing to the policies stated in paragraph 4 herein, during the 2015- 2016 school year, Respondent, after taking one of the Exams herself, created a study guide for the Exam with similar information and questions as the Exam and provided the study guide to her students for preparation prior to testing. 7. As a result of Respondent’s conduct alleged in paragraphs 5 and 6, Respondent’s students’ scores on the Exams were invalidated and the school district prohibited Respondent from proctoring or administering high-stakes or standardized tests for a period of one year. 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(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. STEPHANIE BROCKS PARKER Administrative Complaint Page 3 of 3 COUNT 4: 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 5: 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. 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 BOK day of May > 2017. PAM STEWART, as Commissioner 6f Education State of Florida

Docket for Case No: 17-005819PL
Issue Date Proceedings
Dec. 28, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 26, 2017 Unopposed Motion to Cancel Formal Hearing, to Close File and for Remand to the Education Practices Commission filed.
Dec. 05, 2017 Notice of Substitution of Counsel (Anthony Demma) filed.
Dec. 05, 2017 Notice of Appearance (Anthony Demma) filed.
Dec. 05, 2017 Notice of Service of Petitioner's Answers to Respondent's First Interrogatories filed.
Dec. 05, 2017 Petitioner's Response to Respondent's First Request for Production of Documents filed.
Nov. 29, 2017 Respondent's Notice of Service of Second Set of Interrogatories to Petitioner filed.
Nov. 29, 2017 Respondent's First Request for Admissions filed.
Nov. 29, 2017 Respondent's Second Request for Production of Documents filed.
Nov. 07, 2017 Respondent's Response to Petitioner's First Request for Production of Documents filed.
Nov. 07, 2017 Respondent's Notice of Service of Answers and Objections to Petitioner's First Set of Interrogatories filed.
Nov. 07, 2017 Respondent's First Request for Production of Documents filed.
Nov. 07, 2017 Respondent's Notice of Service of First Set of Interrogatories to Petitioner filed.
Oct. 31, 2017 Order of Pre-hearing Instructions.
Oct. 31, 2017 Notice of Hearing (hearing set for January 18, 2018; 9:00 a.m., Central Time; Panama City, FL).
Oct. 30, 2017 Notice of Service of Petitioner's First Interrogatories to the Respondent filed.
Oct. 30, 2017 Petitioner's First Request for Production of Documents filed.
Oct. 27, 2017 Joint Response to Initial Order filed.
Oct. 23, 2017 Initial Order.
Oct. 20, 2017 Notice of Appearance (Patricia Draper).
Oct. 20, 2017 Administrative Complaint filed.
Oct. 20, 2017 Election of Rights filed.
Oct. 20, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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