STATE OF FLORA Kubioe i‘: EDUCATION PRACTICES CO 05 APR 26 PH [:52 ays 1A 28 A M32 JOHN L. WINN, as — Commissioner of Education, Petitioner, vs. CASE NO. 045-0124-G Os 15 5 pe JACQUELINE DUPONT CROSS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against JACQUELINE DUPONT CROSS. 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 521311, covering the areas of Elementary Education and English to Speakers of Other Languages, which is valid through June 30, 2007. 2. Atall times pertinent hereto, the Respondent was employed as a Teacher at Gorrie Elementary Schoo! in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. During March 2004, Respondent knowingly and unlawfully violated standardized testing procedures by providing inappropriate assistance to students during the administration of the Florida Comprehensive Assessment Test (FCAT). The improper assistance included pointing out questions students answered incorrectly. Following the test, Respondent attempted to influence student recollection and, hence, their statements conceming her improper assistance during the test. Additionally, Respondent knowingly and willfully provided false statements concerning her actions JACQUELINE DUPONT CROSS Administrative Complaint Page 2 of 3 during the tests and those of the proctor to school district personnel during their investigation of the matter. As a result of Respondent's actions, FCAT scores for the entire class were invalidated. On or about May 24, 2004, the school district issued Respondent a letter of reprimand and suspended her for two days without pay. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1008.24(1)(c), Florida Statutes, in that Respondent has knowingly and willfully coached examinees during testing or altered or interfered with the examinee's responses on a test administered by or through the State Board of Education or the Commissioner of Education to students. COUNT 2: 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. COUNT3: 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. COUNT4: 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 Professior. prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(c), Florida Administrative Code, in that Respondent has assisted examinees in answering test questions while she was administering or proctoring the administration of a test implemented in accordance with the statutes set forth in Rule 6A-10.042(1), Florida Administrative Code. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(d), Florida Administrative Code, in that Respondent has interfered with examinee's answers to questions while she was administering, proctoring or scoring a test implemented in accordance with the statutes set forth in 6A-10.042(1), Florida Administrative Code. COUNT 7: | 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. nos IN JACQUELINE DUPONT CROSS O5SAPR26 PM 1:52 Administrative Complaint Page 3 of 3 COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(b), Florida Administrative Code, in that Respondent has unreasonably restrained a student from independent action in pursuit of learning. COUNT 9: _ 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 10: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 11: 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 12: 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. 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_ /7 4 day of “2005. OHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-001545PL