STATE OF FLORIDA fhe EDUCATION PRACTICES COMMISSION C4 SEP-2 py 1}: 28 toss JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-2005-Q BARBARA JEAN GAMBLE - j ' . — fh Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Hore, as Commissioner of Education, files this Administrative Complaint against BARBARA JEAN GAMBLE. 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 354136, covering the area of Elementary Education, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a 3rd Grade Teacher at Havana Elementary School, in the Gadsden County School District. MATERIAL ALLEGATIONS 3. Prior to the administration of the 2003 Florida Comprehensive Assessment Test ("FCAT"), the Respondent obtained secure FCAT testing materials and provided copies of these materials to her assistant principal, claiming they were "practice materials," or words to that effect. The assistant principal then distributed the materials to other teachers. After the administration of the test and an investigation into allegations of testing improprieties, the Department of Education's Bureau of Assessment and School Performance invalidated the test scores for the third grade class at the Respondent's school. The Respondent continues to be employed. BARBARA JEAN GAMBLE Administrative Complaint Page 2 of 3 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 1 012.795(1)(£), Florida Statutes, in that Respondent has been found guilty ofpersonal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT3: The Respondentis 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 learning 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(3)(d), Florida Administrative Code, in that Respondent has intentionally suppressed or distorted subject matter relevant to a student’s academic program. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 7: 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. COUNTS8: The Respondentisin violation of Rule 6B.1006(5)(n), Florida Administrative Code, in that Respondent failed to report to appropriate authorities any known allegation of a violation of the Florida Schoo! Code or State Board of Education Rules as defined in Section 1012.795(1), Florida Statutes. BARBARA JEAN GAMBLE 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. EXECUTED on this__/Q__ dayof Difare4 2004. HORNE, as commissioner of Education State of Florida

Docket for Case No: 04-003122PL