STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-3702 GREGORY ORAL MYERS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against GREGORY ORAL MYERS. 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 662068, covering the areas of Educational Leadership and Mathematics, which is valid through June 30, 2021. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Fletcher Middle School in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about February 22, 2017, Respondent signed a Test Administration and Security Agreement, whereby he agreed that when administering state assessments he would refrain from activities that may threaten the integrity of the test, including “causing achievement of schools to be inaccurately measured or reported.” On or about April 4, 2017, Respondent also attended and completed a Florida Standards Assessment (FSA) testing update training. 4. On or about April 10-11, 2017, Respondent administered the seventh grade FSA Mathematics Assessment, a statewide assessment, to seventh grade students. Despite signing the GREGORY ORAL MYERS Administrative Complaint Page 2 of 3 Test Administration and Security Agreement and attending and completing the testing update training, Respondent failed to properly administer the seventh grade FSA Mathematics Assessment by: a. Not reading the test sessions directions and scripts to students; b. Not timing the test sessions as outlined by the school-wide testing schedule and the testing manual resulting in three students’ tests being invalidated for being allowed to use more time than allotted for the assessment; and c. Not giving students the opportunity to complete the seventh grade FSA Mathematics Assessment, session 3. 5. As a result of Respondent’s failure to properly administer the seventh grade FSA Mathematics Assessment to his students, three students’ assessment scores for the seventh grade FSA Mathematics Assessment were invalidated. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)@), 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) GREGORY ORAL MYERS 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 |14* day of Fehcuct 42018, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-004715PL