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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs LYNETTE CARTER, 05-003403PL (2005)

Court: Division of Administrative Hearings, Florida Number: 05-003403PL Visitors: 24
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: LYNETTE CARTER
Judges: DANIEL MANRY
Agency: Department of Education
Locations: Tampa, Florida
Filed: Sep. 22, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 25, 2006.

Latest Update: Nov. 16, 2024
STATE OF FLORIDA mocha am EDUCATION PRACTICES COMMISSION 29 SEBO AN ci 30 a -~. a as 3 v3 JOHN L. WINN, as ~ Commissioner of Education, - > Petitioner, ml 3 VS. CASE NO. 045-0334-F LYNETTE MARIE CARTER, Respondent. ; OD . 5 403 a ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against LYNETTE MARIE CARTER. 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 821613, covering the area of Elementary Education, which is valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Cannella Elementary School in the Hilisborough County School District. MATERIAL ALLEGATIONS 4 3. During spring term 2004, Respondent knowingly and unlawfully violated standardized testing procedures by providing answers and other inappropriate assistance to students during the 2004 administration of the Florida Comprehensive Assessment Test (FCAT). Asa result, the tests of several third grade students were invalidated. ad BTTE MARIE CARTER C5 SEP 19 AN 8 30 dn istrale Complaint ens P Page.2 of 3 STATUTE VIOLATIONS re 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 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)(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 COUNTS: — 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 rnisconduct 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 leaning and/or to the student’s mental health and/or physical health and/or safety. COUNT 8: The allegations of rnisconduct 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 rnisconduct 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- LYNETTE MARIE CARTER Administrative Complaint Page 3 of 3 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. ft, j : EXECUTED on this 45 ~_ day of a (Pak __,2005. TOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-003403PL
Issue Date Proceedings
May 25, 2006 Order Closing File. CASE CLOSED.
Apr. 07, 2006 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by May 8, 2006).
Apr. 05, 2006 Joint Motion to Hold Case in Abeyance filed.
Apr. 03, 2006 Amended Order Granting Continuance and Re-scheduling Hearing (hearing set for April 7, 2006; 11:00 a.m.; Tampa, FL).
Apr. 03, 2006 Petitioner`s Response to Initial Order filed.
Apr. 03, 2006 Petitioner`s Notice of Witness Intent to Refuse to Comply with Subpoena and Motion to Hold Case in Abeyance after Hearing filed.
Mar. 31, 2006 Petitioner`s Motion to Postpone Hearing filed.
Mar. 10, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for April 7, 2006; 9:00 a.m.; Tampa, FL).
Mar. 08, 2006 Petitioner`s Exhibit List filed.
Mar. 08, 2006 Petitioner`s Witness List filed.
Mar. 08, 2006 Stipulated for Continuance filed.
Feb. 28, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 22, 2006; 9:00 a.m.; Tampa, FL).
Feb. 23, 2006 Joint Motion for Continuance filed.
Jan. 17, 2006 Notification of Rescheduling of Court Reporter.
Jan. 12, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 7, 2006; 9:00 a.m.; Tampa, FL).
Jan. 06, 2006 Stipulation for Continuance filed.
Nov. 30, 2005 Subpoena ad Testificandum (3) filed.
Nov. 28, 2005 Subpoena ad Testificandum (10) filed.
Nov. 16, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 18, 2006; 9:00 a.m.; Tampa, FL).
Nov. 10, 2005 Stipulation for Continuance filed.
Oct. 18, 2005 Respondent`s Request for Production filed.
Oct. 07, 2005 Order of Pre-hearing Instructions.
Oct. 07, 2005 Notice of Hearing (hearing set for December 6, 2005; 9:00 a.m.; Tampa, FL).
Oct. 07, 2005 Notice of Appearance (filed by C. Vause).
Sep. 30, 2005 Unilateral Response to Initial Order filed.
Sep. 22, 2005 Initial Order.
Sep. 22, 2005 Administrative Complaint filed.
Sep. 22, 2005 Finding of Probable Cause filed.
Sep. 22, 2005 Election of Rights filed.
Sep. 22, 2005 Notice of Appearance, Requesting a Hearing filed.
Sep. 22, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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