STATE OF FLORIDA ne EDUCATION PRACTICES COMMISSION® JOHN L. WINN, as Commissioner of Education, ED-8 AMilDS2 on Ee oO Petitioner, < vs. CASE NO. 034-0196-D MARILYN JEANETTE SMITH, ( Ole O17 2FL Respondent. / ADMINISTRATIVE COMPLAINT eine: Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against MARILYN JEANETTE SMITH. 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 598960, covering the areas of Early Childhood Education and Elementary Education, which is valid through June 30, 2008. 2 At all times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Meadow Park Elementary School in the Charlotte County School District. MATERIAL ALLEGATIONS 3. During March 2003, Respondent failed to properly prepare her classroom for the administration of the Florida Comprehensive Assessment Test (FCAT) in that visual aids remained available for student use. Respondent allowed multiplication tables to remain on the students’ desks and a chart to remain uncovered on the wall that defined math terms. Students used the visual aids to answer questions during the FCAT exam. Respondent knew or should have known that these visual aids constituted inappropriate assistance to the students and their use was prohibited. The students’ exams were invalidated by the school district. MARILYN JEANETTE SMITH Administrative Complaint Page 2 of 3 STATUTE VIOLATIONS COUNT 1: 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. 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. COUNT 4: 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. RULE VIOLATIONS COUNT 5: 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 6: 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 7: 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 8: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(c), Florida Administrative Code, in that Respondent, while administering or proctoring the administration of a test, has assisted examinees in answering test questions. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(d), Florida Administrative Code, in that Respondent, while administering, proctoring, or scoring an examination, interfered with examinees' answers to questions. cere ep ea AM{O:5 MARILYN JEANETTE SMITH O5FEB-G Bn IQ: 92 Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this lo day of D®&cemb+-2005, Cle JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 06-000772PL