STATE OF FLORIDA EDUCATION PRACTICES COMMISSION - JOHN L. WINN, as Commissioner of Education, Petitioner, vs. LORI ANN TALBOTT, Respondent. QO b . {O71 4 PL ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against LORI ANN TALBOTT. 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 771331, covering the area of Emotionally Handicapped, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as an ESE Coordinator at Poinciana Elementary School in the Palm Beach County School District, MATERIAL ALLEGATIONS 3. On or about February 26, 2003, Respondent violated FCAT testing procedures in a class of third grade ESE students by continuing to talk to the proctors beyond the start of testing, pointing at words in the test booklet, shaking or nodding her head as assistance to a student, giving astudent his test booklet back and instructing him to work particular questions again, and attempting to discuss the contents of specific test questions with a proctor in the presence of the students. Additionally, Respondent engaged in inappropriate conduct with a student by arguing with him over his seating assignment, refusing to allow him to go to the bathroom during testing, hovering over LORI ANN TALBOTT Administrative Complaint Page 2 of 3 him so that he felt rushed in filling in his test booklet, and then taking his booklet away from him before his time had expired, despite the fact he had told her he was not finished. Respondent then said that she should have had the student removed from the class before testing started, or words to that effect. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1008.24 (1)(c), Florida Statutes, in that Respondent coached examinees during testing or interfered with examinees! responses in any way. 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)(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 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(c), Florida Administrative Code, in that Respondent assisted examinees in answering questions. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(d), Florida Administrative Code, in that Respondent interfered with examinees' answers while administering test. COUNT 6: 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 7: 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 8: 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 9: The allegations of misconduct set forth herein are in violation of Rule 6B- LORI ANN TALBOTT Administrative Complaint Page 3 of 3 1.006(3)(f), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights, COUNT 10: The Respondent is in violation of Rule 6B-4.009(2), Florida Administrative Code, in that the Respondent has been guilty of immorality. Immorality is defined as conduct that hehe JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 06-001079PL