STATE OF FLORIDA EDUCATION PRACTICES PER 05 JUN 24 4M 8:06 JOHN L. WINN, as 2005 JUN 29 A It: 08 Commissioner of Education, DIVISION OF Petitioner, ADHUNISTRATIVE Vs. CASE NO. 034-2557-R FRANK CARMINE CASTELLANO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against FRANK CARMINE CASTELLANO. 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 230435, covering the areas of Bible, Bookkeeping, Elementary Education, and Schoo] Principal, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Principal at Ramona Elementary School in the Duval County School District. MATERIAL ALLEGATIONS 3. During January or February 2003, Respondent knowingly and unlawfully violated standardized testing procedures concerning the 2003 administration of Florida Comprehensive Assessment Test (FCAT). Respondent disclosed the writing prompts to at least one teacher in advance of the test. 4. During spring term 2004, Respondent knowingly and unlawfully violated ni SHON FRANK CARMINE CASTELLANO 05 JUN 24 AM 8: 06 ‘Adininistrative Complain age 20 standardized testing procedures by providing answers and other inappropriate assistance to students during the 2004 administration of the Florida Comprehensive Assessment Test (FCAT). In April 2004, the superintendent reassigned Respondent. 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 his effectiveness as an employee of the school board. COUNT 3: The Respondent is in violation of Section ]012.795(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. COUNT 4: — The Respondent is in violation of Section 1008.24(1)(c), Florida Statutes, in that Respondent has coached examinees during testing or altered or interfered with examinees’ responses in some way. 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. 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 examinees’ answers to test questions in some way. 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. 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. , ms FRANK CARMINE CASTELLANO 05 JUN 24 AM 8: 06 Administrative Complaint Page 3 of 3 COUNT 9: 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 10: 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 ,25”© day of My tel __, 2005. w) € L (WAP II~ JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-002340PL