STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-1986-M MARY E. HUGHEY, O4- V969PL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against MARY E. HUGHEY. 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 101 2.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 85764] , covering the area of Elementary Education, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Jupiter Elementary School in the Brevard County School District. MATERIAL ALLEGATIONS 3. During March 2003, Respondent knowingly and unlawfully violated standardized testing procedures by providing answers and other inappropriate assistance to students during the administration of the Florida Comprehensive Assessment Test (FCAT). As a result, FCAT scores for the mathematics test for the entire class were invalidated. After Respondent’s actions became known, Respondent accused students of “betraying her” or “telling lies about her” and “ruining her career” or words to that effect. On or about March 27, 2003, Respondent’s principal placed her on administrative leave with pay. Effective April 7, 2003, Respondent was reassigned to a district ca MARY E. HUGHEY Administrative Complaint Page 2 of 2 office for the duration of the 2002-2003 school year. Respondent’s annual contract with the school board was not renewed for the 2003-2004 school year. 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)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3)(a), 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. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentional:y exposed a student to unnecessary embarrassment or disparagement. 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 onthis_ /Q_ day of Wwste , 2004. Commissioner of Education State of Florida

Docket for Case No: 04-002852PL