STATE OF FLORIDA EDUCATION PRACTICES COMMISSION O71-Sbe8 PLE JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 045-21638-B GIGI MARSHALL GILBERT, Respondent. / ADMINI ‘E COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against GIGI MARSHALL GILBERT. 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 497556, covering the areas of Administration/Supervision, School Principal and Business Education, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as a Principal Teacher at West Little River Elementary School in the Miami-Dade County School District. MATE ALLEGATIONS 3. During the 2002/2003 school year, Respondent allowed her school’s Title J Account to run at a deficit of approximately $58,000. On or about June 9, 2003, the assistant superintendent issued directives to Respondent instructing her to closely monitor and manage her budget. During the 2003 Summer Semester, Respondent continued to hire additional full-time employces after she had been cautioned by the district’s busincss director to hire only part-time employees and while her school’s budget was showing a deficit balance. On or about August 26, 2003, the district issued a GIGI MARSHALL GILBERT Administrative Complaint Page 2 of 3 letter of reprimand to Respondent. 4. During the March, 2003, administration of the Florida Comprehensive Assessment ‘Test (FCAT), Respondent tampered or permitted others to tamper with completed tests by erasing incorrect answers and filling in correct answers. Respondent altered answers to the extent that her school was erroneously graded as an A school and the grade was invalidated. On or about January 25, 2095, the district conducted a conference for the record at which time Respondent was verbally reprimanded. The Petitioner charges: ST E VIOLATI COUNT I: 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)(b), Florida Statutes, in that Respondent copied, reproduced, or used in any manner inconsistent with test security rules all or any portion of any secure test booklet. COUNT 3: The Respondent is in violation of Section 1008.24(1)(g), Florida Statutes, in that Respondent participated in, directed, aided, counseled, assisted in, or encouraged any of the acts prohibited in this section. COUNT 4: — The Respondent is in violation of Section 1012.795(1)(b), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform dutics as an employee of the public school system or to teach in or to operate a private school. COUNT 5: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutcs, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT6: The Respondent is in violation of Section 1012.795(1)G), 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(1), Florida Administrative Code, in that Respondent failed to maintain/administcr test in GIG! MARSHALL GILBERT Administrative Complaint Page 3 of 3 manner to preserve test integrity. COUNT 8: The allegations of misconduct sct forth herein are in violation of Rule 6A- 10.042(t Xf), Florida Administrative Code, in that Respondent participated in, directed, aided, counseled, assisted in, or encouraged an activity which resulted in the inaccurate measurement or reporting of the examinees’ achievement. COUNT 9; The allegations of misconduct set forth herein arc in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in al! professional dealings. COUNT 10: The Respondentisin violation of Rulc 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. 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 Recavery 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 -E*8. day of Fe Keuawy. 2007. fone Commissioner of Education State of Florida

Docket for Case No: 07-005668PL