STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-2990 PATRICIA JOMOLCA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against PATRICIA JOMOLCA. 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 795765, covering the areas of English for Speakers of Other Languages (ESOL), Middle Grades Integrated Curriculum, Varying Exceptionalities and World Language - Spanish, which is valid through June 30, 2021. 2, At all times pertinent hereto, the Respondent was employed as a Varying Exceptionalities Teacher at Lake Steven Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about he ae Resp: i the a +: Administrator Prohibited Activities Agreement and the Test Administration and Security Agreement whereby Respondent agreed, among other things, that she would not; assist students in answering test items, give students verbal or non-verbal cues, or change or otherwise interfere with student responses to test items. Additionally, on or about EN Respondent received training in administration of the Florida Standards Assessment (FSA). E®8-6 PATRICIA JOMOLCA Administrative Complaint Page 2 of 3 4. On or about and hea Respondent administered the math portion of the FSA to her sixth grade students. During the course of the exam, Respondent helped multiple students by telling them their answers were wrong, and/or giving students answers, and/or helping students setup problems, and/or pointing out specific problems that students should review further. Respondent’s actions were in violation of the agreements she signed and in violation of Florida law governing administration of statewide standardized assessments. 5. Asa result of Respondent’s conduct, test scores for three students were invalidated. 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. (SIGNATURE ON FOLLOWING PAGE) E®8-6 PATRICIA JOMOLCA 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_|7™ _ day of__ Ari) , 2019. LM RICHARD CORCORAN, as Commissioner of Education State of Florida EBB-3

Docket for Case No: 19-006301PL