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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs DELORES LASTER, 08-001499PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-001499PL Visitors: 4
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: DELORES LASTER
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Kissimmee, Florida
Filed: Mar. 26, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 31, 2008.

Latest Update: Jan. 05, 2025
Ox-1U499 PL STATE OF FLORIDA Pye ps EDUCATION PRACTICES COMMISSION a Alt: JOHN L. WINN, as anl¥isigy lt 5¢ Commissioner of Education, OFM Tk, OF Petitioner, vs. CASE NO, 045-3047-T DELORES LASTER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against DELORES LASTER, 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 256314, covering the area of Elementary Education, which is valid through June 30, 2009. 2. Atall times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Dillard Elementary School in the Orange County School District. MATERI 3 IN: 3. Prior to the March 2005, administration of the Florida Comprehensive Asscssment Test (FCAT), Respondent provided her students with a review of stories on the FCAT. Respondent’s students reported that the FCAT tested them on stories identical or very similar to stories reviewed by Respondent in class prior to the test. On or about April 11, 2005, Respondent’s principal issued a letter of reprimand and directives addressing this incident. DELORES LASTER Administrative Complaint Page 2 of 3 STATUTE VIOLATION: COUNT1: —TheRespondentis 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 the test administration manuals. COUNT 3: The Respondent is in violation of Scction 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)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNTS: 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 6: 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 an activity which resulted in the inaccurate mcasurement or reporting of the examinees’ achievement. COUNT 7: 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 Icarning and/or to the student’s mental health and/or physical health and/or safety. (SIGNATURE ON FOLLOWING PAGE) DELORES LASTER 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 Practiccs Commission may include, but are not limited to, any onc 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 Zp dayor October 2006. JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 08-001499PL
Issue Date Proceedings
Jul. 31, 2008 Order Closing File. CASE CLOSED.
Jul. 30, 2008 Stipulated Motion to Close File and Relinquish Jurisdiction filed.
Jul. 16, 2008 Respondent`s Motion to Compel filed.
Jun. 16, 2008 Notice of Cancellation of Deposition of Gary Sabitsch filed.
Jun. 11, 2008 Notice of Taking Deposition of Gary Sabitsch filed.
Jun. 03, 2008 Second Notice of Taking Deposition of Ashley Bowen filed.
Jun. 03, 2008 Second Notice of Taking Deposition of Chad Traniello filed.
Jun. 03, 2008 Second Notice of Taking Deposition of Sabryna James filed.
Jun. 03, 2008 Second Notice of Taking Deposition of Brittany Dayes filed.
Jun. 03, 2008 Notice of Taking Deposition of Malia Kolczynski filed.
Jun. 03, 2008 Notice of Taking Deposition of Rahim Jones filed.
May 20, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for August 14 and 15, 2008; 9:00 a.m.; Kissimmee, FL).
May 12, 2008 Petitioner`s Amended Agreed Upon Motion to Continue Formal Hearing filed.
May 12, 2008 Respondent`s Agreed Upon Motion to Continue Formal Hearing filed.
Apr. 28, 2008 Amended Notice of Taking Deposition of Elizabeth Prince filed.
Apr. 25, 2008 Notice of Taking Deposition of Robert Bixler filed.
Apr. 25, 2008 Notice of Taking Deposition of Beth Prinz filed.
Apr. 25, 2008 Notice of Taking Deposition of John Hawco filed.
Apr. 25, 2008 Notice of Taking Deposition of Gabrielle Tatum filed.
Apr. 25, 2008 Notice of Taking Deposition of Brittany Dayes filed.
Apr. 25, 2008 Notice of Taking Deposition of Kimberly Honaker filed.
Apr. 25, 2008 Notice of Taking Deposition of Vanessa (Last Name Unknown) filed.
Apr. 25, 2008 Notice of Taking Deposition of Ashley Bowen filed.
Apr. 25, 2008 Notice of Taking Deposition of Chad Trainello filed.
Apr. 25, 2008 Notice of Taking Deposition of Sabryna James filed.
Apr. 25, 2008 Notice of Taking Deposition of Cody Reed filed.
Apr. 25, 2008 Notice of Taking Deposition of Miranda Canelas filed.
Apr. 22, 2008 Respondent`s First Request for Production of Documents filed.
Apr. 22, 2008 Respondent`s First Set of Interrogatories filed.
Apr. 21, 2008 Order of Pre-hearing Instructions.
Apr. 21, 2008 Notice of Hearing (hearing set for May 29 and 30, 2008; 9:00 a.m.; Kissimmee, FL).
Apr. 07, 2008 Order Granting Extension of Time (joint response to Initial Order to be filed by April 10, 2008).
Apr. 04, 2008 Joint Response to Initial Order filed.
Apr. 03, 2008 Motion for Extension of Time to File Joint Response to Initial Order filed.
Mar. 26, 2008 Initial Order.
Mar. 26, 2008 Administrative Complaint filed.
Mar. 26, 2008 Election of Rights filed.
Mar. 26, 2008 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Mar. 26, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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