OL SED. Thos STATE OF FLORIDA M SEP -2 PM [: 30 EDUCATION PRACTICES COMMISSION ransiorag JIM HORNE, as Commissioner of Education, us rr >) Petitioner, (\ (| 45\ d0{ [_- vs. CASE NO. 012-2078-M LYNN R. MURPHY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against LYNN R. MURPHY. 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 741289, covering the areas of Elementary Education and English to Speakers of Other Languages (ESOL), which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher in the Martin County School District. MATERIAL ALLEGATIONS 3. On or about February 12, 2002, Respondent knowingly and unlawfully violated standardized testing procedures by providing inappropriate assistance to students during the administration of the Florida Comprehensive Assessment Test (FCAT) writing assessment. The inappropriate assistance included reading the prompts on the writing portion to the entire class, correcting spelling mistakes, coaching students as to the appropriate length of responses, reminding the class to add a title, and assisting at least one student with sentence structure. Although LYNN R. MURPHY Administrative Complaint Page 2 of 3 Respondent maintained that two students were to receive the accommodation of having the test read to them, none of the students were to receive this accommodation. As a result of Respondent’s actions, FCAT scores for the entire class were invalidated. On or about March 18, 2003, the school district entered into a settlement agreement with Respondent. The agreement included a 10 day suspension and reassignment to teach a grade in which the students do not take the FCAT. 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 Respondentis 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. COUNT 3: 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 4: 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 leaming and/or to the student’s mental health and/or physical health and/or safety. COUNT 5: 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. LYNN R. MURPHY 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. ba EXECUTED on this 2 7 day of Ss wha , 2004. ‘Ommissioner of Education State of Florida

Docket for Case No: 04-003120PL