Elawyers Elawyers
Ohio| Change

JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION vs LAURIE MCFADDIN HOLLIS, 07-005537PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005537PL Visitors: 21
Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: LAURIE MCFADDIN HOLLIS
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Sebring, Florida
Filed: Dec. 07, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 26, 2008.

Latest Update: Jan. 09, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JEANINE BILOMBERG, as OL- 5 5 aT PL Commissioner of Education, Petitioner, vs. CASE NO. 056-2947-F LAURIE McFADDIN HOLLIS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner. Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against LAURTE McFADDIN HOLLIS. ‘The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s cducator’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 ¥lorida Educator’s Certificate 565536, covering the area of Flementary Education, which is valid through June 30, 2007. 2, Atall times pertinent hercto, the Respondent was employed as a Tcacher at Cracker Trail Elementary School in the Highlands County School District. MATERIAL ALLEGATIONS 3. Onor about February 27 and 28, 2006, Respondent knowingly and unlawfully violated testing procedures by providing imappropriate assistance to students during the administration of the mathematics portion of the Florida Comprehensive Assessment Test (FCAT). The improper assistance included coaching several students and encouraging students to change or add to their responses on the test. As a result of Respondent's actions, FCAT scores for 16 students were invalidated. LAURIE McFADDIN HOLLIS Administrative Complaint Page 2 of 4 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1008.24, Florida Statutes, in that it is unlawful for anyone knowingly and willfully to violate test security rules adopted by the State Board of Education for mandatory tests administered by or through the Statc 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, or, with respect to any such test, knowingly and willfully to: {c} Coach examinees during testing or alter or interfere with examinees’ responses in any way: (f) Fail to follow test administration dircctions specified in the test administration manuals; or (g) Participate in, direct, aid, counsel, assist in, or encourage any of the acts prohibited in this section. (2) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. COUNT 2: — The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilly of gross immorality or an act involving moral turpitude. COUNT 3: — The Respondent is in vivlation of Section 1012,795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules, RULE VIQLATION COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10,042(1), Florida Administrative Code, in that Respondent has failed to maintain/administer test in a manner to preserve test integrity. COUNT 5: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(c), Florida Administrative Code, in that Respondent assisted exmainees in answering 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 interfered with examinees’ answer LAURJE McFADDIN HOLLIS Administrative Complaint Page 3 of 4 while administering test. COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1}(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. COUNT 8: The allegations of misconduct set forth hercin 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 9: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(b), Florida Adminisirative Code, in that Respondent bas unreasonably restrained a student from independent action in pursuit of learning. COUNT 10: The allegations of misconduct set forth herein arc 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 11: ‘The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4}(b), Florida Administrative Codc, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 12; ‘The allegations of misconduct set forth herein are in violation of Rulc 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) LAURIE McFADDIN HOLLIS Administrative Complaint Page 4 of 4 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 Adminisirative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent's educator's certificate pursuant lo 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 tine; directing the Respondent to cnroll 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 harring the Respondent from reapplying for an educator's certilicate for a period of time up to 10 years or permanently. EXECUTED on this ZU day of May 2007. JEANINE BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 07-005537PL
Issue Date Proceedings
Feb. 26, 2008 Order Closing File. CASE CLOSED.
Feb. 25, 2008 Unopposed Motion to Close File filed.
Feb. 13, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 12, 2008; 9:00 a.m.; Sebring, FL).
Feb. 08, 2008 Joint Motion for Continuance filed.
Feb. 05, 2008 Notice of Taking Deposition filed.
Dec. 26, 2007 Respondent`s Notice of Serving Responses to Petitioner`s First Request for Admissions filed.
Dec. 19, 2007 Order of Pre-hearing Instructions.
Dec. 19, 2007 Notice of Hearing (hearing set for February 20, 2008; 9:00 a.m.; Sebring, FL).
Dec. 14, 2007 Certificate of Service of Discovery filed.
Dec. 14, 2007 Petitioner`s First Request for Production of Documents filed.
Dec. 14, 2007 Petitioner`s First Requests for Admissions to Respondent filed.
Dec. 14, 2007 Petitioner`s First Set of Interrogatories to Respondent filed.
Dec. 13, 2007 Joint Response to Initial Order filed.
Dec. 07, 2007 Initial Order.
Dec. 07, 2007 Administrative Complaint filed.
Dec. 07, 2007 Election of Rights filed.
Dec. 07, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Dec. 07, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer