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.
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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).
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Feb. 21, 2005 |
Joint Motion for Continuance filed.
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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).
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Jan. 14, 2005 |
Joint Motion for Continuance filed.
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Dec. 02, 2004 |
Order (Petitioner`s unopposed motion to amend the Administrative Complaint is granted).
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Dec. 01, 2004 |
Petitioner`s First Request for Admissions to Respondent filed.
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Dec. 01, 2004 |
Petitioner`s First Request for Production of Documents filed.
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Dec. 01, 2004 |
Petitioner`s Notice of Propounding First Set of Interrogatories to Respondent filed.
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Nov. 30, 2004 |
Notice of Taking Deposition filed.
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Nov. 24, 2004 |
Motion for Leave to Amend Administratvie Complaint (filed by Petitioner).
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Nov. 17, 2004 |
Order of Pre-hearing Instructions.
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Nov. 17, 2004 |
Notice of Hearing by Video Teleconference (video hearing set for January 24, 2005; 10:00 a.m.; Jacksonville and Tallahassee, FL).
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Nov. 10, 2004 |
Joint Response to Initial Order (filed via facsimile).
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Nov. 09, 2004 |
Respondent`s Notice to Produce filed.
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Nov. 09, 2004 |
Respondent`s First Interrogatories filed.
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Nov. 01, 2004 |
Letter to Ms. Richards from A. Lunningham regarding failed settlement negotiations.
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Nov. 01, 2004 |
Finding of Probable Cause filed.
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Nov. 01, 2004 |
Notice of Appearance (filed by D. Hertz, Esquire).
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Nov. 01, 2004 |
Election of Rights filed.
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Nov. 01, 2004 |
Administrative Complaint filed.
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Nov. 01, 2004 |
Agency referral filed.
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Nov. 01, 2004 |
Initial Order.
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