FLORIDA DEPARTMENT OF EDUCATION’ f STATE BOARD OF EDUCATION Jim Horse Commisstoner of Education F. PHiLtp HANDY, Chairman . T. WILLARD Fate, Vice Chairman Ru Read, Members Florida! Linpa J. Eaps, Ed.D. CHARLES PaTRICK Garcia JUL L, Jonson Wituiam L, PROCTOR, PH.D. December 17, 2003 . CERTIFIED MAIL Mr. Georges Magny in RE: Finding of Probable Cause 17615 Northeast 8th Place \ Case No: 023-0543-B North Miami Beach, Florida 33162 SSN a} Dear Mr. Magny: Pursuant to the provisions of Sections 1012.796 and 1012.795, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 1012.796(6) and 1012.795(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your Educator Certificate. An Administrative Complaint. Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional! Practices Services. Turlington Building, Suite 224-E, Tallahassee, Florida 32399, (850) 245-0438. Please govern yourself accordingly. Sincerely, ) 5 JinyHorne JA:DA ENCLOSURES 325 W. GAINES STREET * SUITE 224-E * TALLAHASSEE, FL 32399-0400 + (850) 245-0438 + Fax (830) 245-0621 STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-0543-B GEORGES MAGNY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against GEORGES MAGNY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, and pursuant to Rule 6B-1.006, 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 721516, covering the areas of English to Speakers of Other Languages (ESOL), Foreign Language-French, and Mathematics, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Bilingual Teacher at Miami Edison Senior High School, in the Dade County School District. MATERIAL ALLEGATIONS 3. During the June 2002 FCAT administration at Miami-Edison Senior High School in Miami-Dade County, the Respondent engaged in inappropriate testing procedures while proctoring the math portion of the exam. A review of the testing materials by the Department of Education's Office of Assessments and Evaluations identified several irregularities in the answers provided by the approximately fifty-four students who took the exam. These irregularities were indicative of cheating. They include, but are not limited to, the following: GEORGES MAGNY Administrative Complaint Page 2 of 3 a) in the short response section of the test, five students had an incorrect answer of "150" or "1500." Four additional students had an incorrect answer of 84.78. b) in the short response section of the test, four students wrote "rectangle," "triangle," or "parallelogram." These answers had nothing to do with the questions. Fifteen students had the same answer. c) in the short response section of the test, two students wrote identical verbiage while providing the incorrect answer. d) in the estimation section of the test, nineteen students incorrectly provided an answer of either "20" or "120." As proctor, the Respondent knew or should have known that cheating was taking place. The Respondent continues to be employed. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(i), 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 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. GEORGES MAGNY Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. th EXECUTED on this_/’7 —_ day of December, 2003. bine JINY HORNE, as Commissioner of Education State of Florida

Docket for Case No: 04-001144PL