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JIM HORNE, AS COMMISSIONER OF EDUCATION vs APRIL L. THOMAS, 04-002391PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-002391PL Visitors: 5
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: APRIL L. THOMAS
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jul. 12, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 25, 2004.

Latest Update: Dec. 26, 2024
STATE OF FLORIDA oy EDUCATION PRACTICES COMMISSION sf a “2) JIM HORNE, as Commissioner of Education, > Petitioner, vs. CASE NO. 023--0544-B ’ APRIL L. THOMAS, Respondent. bY: 2 4 4| PL / ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against APRIL L. THOMAS. 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 734678, covering the area of Biology, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Biology Teacher at Coral Gables Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about July 3, 2002, Respondent proctored the administration of the Florida Comprehensive Assessment Test (FCAT). Respondent failed to properly supervise the students during the administration of the test in a manner consistent with state testing laws and policies. Respondent’s failure resulted in students having identical or substantially similar wrong answers and responses to the test. APRIL L. THOMAS Administrative Complaint Page.2 of 2 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. COUNT2: TheRespondent 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. 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. EXECUTED on this QY day of DA tay” , 2004. omuissioner of Education State of Florida

Docket for Case No: 04-002391PL
Issue Date Proceedings
Oct. 25, 2004 Order Closing File. CASE CLOSED.
Oct. 22, 2004 Notice of Voluntary Dismissal (filed by Petitioner via facsimile).
Sep. 24, 2004 Order Granting Motion to Compel Discovery.
Sep. 21, 2004 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 8, 2004; 9:30 a.m.; Miami, FL).
Sep. 17, 2004 Joint Motion for Continuance of Final Hearing (filed by C. Whitelock via facsimile).
Sep. 08, 2004 Motion to Compel Discovery (filed by Petitioner via facsimile)
Jul. 22, 2004 Order of Pre-hearing Instructions.
Jul. 22, 2004 Notice of Hearing (hearing set for October 7 and 8, 2004; 9:30 a.m.; Miami, FL).
Jul. 19, 2004 Respondent`s Response to Request for Admissions (filed via facsimile).
Jul. 19, 2004 Joint Response to Initial Order (filed via facsimile).
Jul. 12, 2004 Finding of Probable Cause filed.
Jul. 12, 2004 Notice of Appearance (filed by Mark Herdman , Esquire).
Jul. 12, 2004 Notice of Appearance filed.
Jul. 12, 2004 Election of Rights filed.
Jul. 12, 2004 Administrative Complaint filed.
Jul. 12, 2004 Agency referral filed.
Jul. 12, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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