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: Dec. 23, 2024
STATE OF FLORIDA mocha am
EDUCATION PRACTICES COMMISSION 29 SEBO AN ci 30
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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.
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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.
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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.
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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.
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Mar. 31, 2006 |
Petitioner`s Motion to Postpone Hearing filed.
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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.
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Mar. 08, 2006 |
Petitioner`s Witness List filed.
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Mar. 08, 2006 |
Stipulated for Continuance filed.
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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.
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Jan. 17, 2006 |
Notification of Rescheduling of Court Reporter.
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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.
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Nov. 30, 2005 |
Subpoena ad Testificandum (3) filed.
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Nov. 28, 2005 |
Subpoena ad Testificandum (10) filed.
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Nov. 16, 2005 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for January 18, 2006; 9:00 a.m.; Tampa, FL).
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Nov. 10, 2005 |
Stipulation for Continuance filed.
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Oct. 18, 2005 |
Respondent`s Request for Production filed.
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Oct. 07, 2005 |
Order of Pre-hearing Instructions.
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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).
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Sep. 30, 2005 |
Unilateral Response to Initial Order filed.
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Sep. 22, 2005 |
Initial Order.
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Sep. 22, 2005 |
Administrative Complaint filed.
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Sep. 22, 2005 |
Finding of Probable Cause filed.
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Sep. 22, 2005 |
Election of Rights filed.
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Sep. 22, 2005 |
Notice of Appearance, Requesting a Hearing filed.
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Sep. 22, 2005 |
Agency referral filed.
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