STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-0257 JAMES EDWARD RHODES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JAMES EDWARD RHODES. 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 738402, covering the area of Mathematics, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Miami Springs Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about February 24, 2016, Respondent acknowledged a Test Administration and Security Agreement, whereby he agreed that while administering statewide assessments, he would refrain from activities that may threaten the integrity of the test, including “causing achievement of schools to be inaccurately measured.” 4, On or about February 24, 2016, Respondent acknowledged a Test Administrator Prohibited Activities Agreement, whereby he agreed that while administering statewide assessments he would not “encourage students to finish early.” JAMES EDWARD RHODES Administrative Complaint Page 2 of 3 5. On or about April 14, 2016, Respondent administered the Florida Standards Assessment (FSA) Mathematics Assessment (test), a statewide assessment, to his sixth grade students. Despite acknowledging the Test Administration and Security Agreement and the Test Administrator Prohibited Activities Agreement, Respondent failed to ensure that students had the full amount of time allotted to complete the test and encouraged students to finish the test early. 6. As a result of Respondent’s failure to properly administer the FSA Mathematics Assessment to his students, the students’ scores for the test were invalidated meaning their individual data profiles will be devoid of FSA Mathematics Assessment data for their sixth grade year, impacting the ability to determine each individual’s level of academic growth. 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. (SIGNATURE ON FOLLOWING PAGE) JAMES EDWARD RHODES 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 of/ Mey of TH AACA , 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-000989PL