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JIM HORNE, AS COMMISSIONER OF EDUCATION vs WANDA S. SINCLAIR, 04-003923PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-003923PL Visitors: 15
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: WANDA S. SINCLAIR
Judges: LINDA M. RIGOT
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Nov. 01, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 7, 2005.

Latest Update: Feb. 23, 2025
STATE OF FLORIDA ChE A) PM pipe EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 034-0027-R WANDA S. SINCLAIR, Respondent. ( Y 449 >PL ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against WANDA S. SINCLAIR. 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 457475, covering the areas of Early Childhood Education and Elementary Education, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Pinedale Elementary School in the Duval County School District. MATERIAL ALLEGATIONS 3. While proctoring the administration of the 2003 Florida Comprehensive Assessment Test (FCAT), the Respondent engaged in inappropriate testing procedures. She provided students with answers to the test questions. She read student M.J. the answers off a piece of paper she carried in her hand. A list of numbers with letter answers was found in M.J.'s test booklet after the exam. The Respondent also toid other students to change incorrect answers. A second list of numbers with letter answers written next to them was found in the recycle bin in the Respondent's classroom after the test. On or about May 12, 2003, the Respondent received a five (5) day suspension without pay. WANDA S. SINCLAIR Administrative Complaint Page 2 of 2 She 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)(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)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. 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. QM nyo Ot EXECUTED on this day of , 2004. State of Florida

Docket for Case No: 04-003923PL
Issue Date Proceedings
Mar. 07, 2005 Order Closing File. CASE CLOSED.
Mar. 07, 2005 Motion to Hold Case in Abeyance filed.
Feb. 22, 2005 Order Granting Continuance and Re-scheduling Video Teleconference (video hearing set for March 10, 2005; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Feb. 21, 2005 Joint Motion for Continuance filed.
Jan. 20, 2005 Order Granting Continuance and Re-scheduling Video Teleconference (video hearing set for February 24, 2005; 10:00 a.m.; Jacksonville and Tallahassee, FL).
Jan. 14, 2005 Joint Motion for Continuance filed.
Dec. 02, 2004 Order (Petitioner`s unopposed motion to amend the Administrative Complaint is granted).
Dec. 01, 2004 Petitioner`s First Request for Admissions to Respondent filed.
Dec. 01, 2004 Petitioner`s First Request for Production of Documents filed.
Dec. 01, 2004 Petitioner`s Notice of Propounding First Set of Interrogatories to Respondent filed.
Nov. 30, 2004 Notice of Taking Deposition filed.
Nov. 24, 2004 Motion for Leave to Amend Administratvie Complaint (filed by Petitioner).
Nov. 17, 2004 Order of Pre-hearing Instructions.
Nov. 17, 2004 Notice of Hearing by Video Teleconference (video hearing set for January 24, 2005; 10:00 a.m.; Jacksonville and Tallahassee, FL).
Nov. 10, 2004 Joint Response to Initial Order (filed via facsimile).
Nov. 09, 2004 Respondent`s Notice to Produce filed.
Nov. 09, 2004 Respondent`s First Interrogatories filed.
Nov. 01, 2004 Letter to Ms. Richards from A. Lunningham regarding failed settlement negotiations.
Nov. 01, 2004 Finding of Probable Cause filed.
Nov. 01, 2004 Notice of Appearance (filed by D. Hertz, Esquire).
Nov. 01, 2004 Election of Rights filed.
Nov. 01, 2004 Administrative Complaint filed.
Nov. 01, 2004 Agency referral filed.
Nov. 01, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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