Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: AVIVA BAKER
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Education
Locations: Dover, Florida
Filed: Nov. 04, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 7, 2019.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
RICHARD CORCORAN, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 178-2821
AVIVA LYNN BAKER,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative
Complaint against AVIVA LYNN BAKER. 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 1195518, covering the areas
of Elementary Education, English for Speakers of Other Languages (ESOL), Exceptional Student
Education (ESE) and Reading, which is valid through June 30, 2022.
2: At all times pertinent hereto, the Respondent was employed as a Fourth Grade
Teacher at Bailey Elementary School in the Hillsborough County School District.
MATERIAL ALLEGATIONS
3. On or about August 15, 2017, Respondent signed Hillsborough County’s Test
Administration and Security Agreement, whereby she agreed that when administering state wide
assessments, she would refrain from:
a. Revealing or discussing the passages, testing items, or performance tasks;
AVIVA LYNN BAKER
Administrative Complaint
Page 2 of 3
b. Changing or otherwise interfering with student responses to test items (such as giving
answers for any test items or even providing assistance to students that would lead them
to a response);
c. Pre-Teaching specific test content or passages right before administration; and
d. Causing achievement of schools to be inaccurately measured or reported.
4. On or about February 27, 2018, Respondent signed the Florida Department of
Education’s 2017-2018 Test Administration and Security Agreement and its 2017-2018 Test
Administrator Prohibited Activities Agreement, whereby she agreed that when administering state
wide assessments, she would refrain from:
Revealing the passages or test items;
Explaining or reading test passages or test items to students;
Causing achievement of schools to be inaccurately measured or reported; and
Reading test items or passages.
5. Despite having signed the Hillsborough County Test Administration and Security
Agreement, the Florida Department of Education’s 2017-2018 Test Administration and Security
Agreement, and its 2017-2018 Test Administrator Prohibited Activities Agreement, before
administering the fourth grade Florida Standards Assessment (FSA) Writing test on or about
March 7, 2018, Respondent provided assistance to students, including:
Boop
a. Reviewing the prompt of the FSA writing test with students directly before the FSA
Writing test took place.’
6. As a result of Respondent’s conduct alleged in paragraph 5 herein, 20 students’
assessments were invalidated.
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)
AVIVA LYNN BAKER
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 30*® day of (Yay , 2019,
Le Mi-~ ~
RICHARD CORCORAN, as
Commissioner of Education
State of Florida
Docket for Case No: 19-005849PL