Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: EDWARD M. PEDDELL
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Aug. 16, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 28, 2007.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA : &
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EDWARD M. PEDDELL,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint
against EDWARD M. PEDDELL. 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 550744, covering the areas of
Elementary Education and English to Speakers of Other Languages (ESOL), which is valid through
June 30, 2006,
2. At all times pertinent hereto, the Respondent was employed as a Special Math
Teacher at Park Ridge Elementary School in the Broward County School District.
MATERIAL ALLEGATION
3. In March 2002, Respondent knowingly and unlawfully violated standardized
testing procedures by providing answers to students or otherwise improperly assisting and/or
coaching third-grade students during the administration of the Florida Comprehensive
Assessment Test (FCAT). As a result of Respondent’s actions, the school lost its eligibility for
special funding for an improved school grade, and the district found it necessary to transfer
several teachers.
EDWARD M. PEDDELL
Administrative Complaint
Page 2 of 3
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1008.24(1), Florida Statutes, in
that Respondent knowingly and willfully violated test security rules adopted by the State Board
of Education for mandatory tests administered by or through the State Board of Education or the
Commissioner of Education to students, educators, or applicants for certification or administered
by school districts pursuant to s. 1008.22.
COUNT 2: The Respondent is in violation of Section 1008.24(1)(f), Florida Statutes,
in that Respondent knowingly and willfully failed to follow test administration directions
specified in test administration manuals.
COUNT 3: The Respondent is in violation of Section 1008.24(1)(c), Florida Statutes,
in that Respondent knowingly and willfully coached examines during testing or interfered with
examinees’ responses in any way.
COUNT 4: 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 5: 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 6: 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 7: — The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(c), Florida Administrative Code, in that Respondent assisted examinees in answering
questions.
COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(d), Florida Administrative Code, in that Respondent interfered with examinees’ answers
while administering test.
COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.042(f), Florida Administrative Code, in that Respondent participated in, directed, aided,
counseled, assisted in, or encouraged any activity which could result in the inaccurate
measurement or reporting of the examinees’ achievement.
EDWARD M. PEDDELL
Administrative Complaint
Page 3 of 3
COUNT 10: 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 11: 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, 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 13440 day of loniacy 2006.
i
Avil the...
J L. WINN, as
Commissioner of Education
State of Florida
Docket for Case No: 07-003652PL
Issue Date |
Proceedings |
Dec. 09, 2008 |
Motion to Reopen Case filed. (DOAH CASE NO. 08-6423PL ESTABLISHED)
|
Dec. 28, 2007 |
Order Closing File. CASE CLOSED.
|
Dec. 26, 2007 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Dec. 10, 2007 |
Order Denying Motion to Relinquish Jurisdiction.
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Dec. 05, 2007 |
Respondent`s Objection to Petitioner`s Motion to Relinquish Jurisdiction to EPC filed.
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Dec. 03, 2007 |
Respondent`s Requests for Production of Documents and Potential Witness List filed.
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Nov. 29, 2007 |
Respondent`s Answer to Request for Admissions filed.
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Nov. 20, 2007 |
Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts or Alternatively Motion to Compel Discovery filed.
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Oct. 24, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for January 15 through 18, 2008; 9:30 a.m.; Fort Lauderdale, FL).
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Oct. 18, 2007 |
Parties Joint Motion to Reschedule the Formal Hearing filed.
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Oct. 12, 2007 |
Notice of Appearance (filed by V. Small-Williams).
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Sep. 19, 2007 |
Order of Pre-hearing Instructions.
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Sep. 19, 2007 |
Notice of Hearing (hearing set for November 13 through 16, 2007; 9:30 a.m.; Fort Lauderdale, FL).
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Sep. 06, 2007 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
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Sep. 06, 2007 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
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Sep. 06, 2007 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
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Sep. 04, 2007 |
Notice of Withdrawal filed.
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Aug. 28, 2007 |
Unilateral Response to Initial Order filed.
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Aug. 16, 2007 |
Administrative Complaint filed.
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Aug. 16, 2007 |
Election of Rights filed.
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Aug. 16, 2007 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Aug. 16, 2007 |
Agency referral filed.
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Aug. 16, 2007 |
Initial Order.
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