DX P2dlwPL STATE OF FLORIDA = 8 EDUCATION PRACTICES COMMISSION =-7252 & moe BAS S JEANINE BLOMBERG, as Fated = > Commissioner of Education, ad = = rh prs Petitioner, 3 vs. CASE NO. 067-0019-A LORENA BACKUS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against LORENA BACKUS. 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 L. The Respondent holds Florida Educator’ s Certificate 377738, covering the areas of Emotionally Handicapped, Mentally Handicapped, School Principal and Specific Learning Disabilities, which is valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was employed as a Principal at Cocoa High School in the Brevard County School District. MATERIAL ALLEGATIONS 3. During the 2004/2005 and 2005/2006 school years, Respondent, in her position as principal, unjustifiably changed a significant number of student grade classifications prior to the administration of the Florida Comprehensive Assessment Test (FCAT) in an attempt to favorably affect computations for funding purposes. When irregularities were discovered in Respondent’s student classifications, she accessed student records from another high school and presented them to investigators in an attempt to shift blame to another individual. On or about June 30, 2006, LORENA BACKUS Administrative Complaint Page 2 of 4 Respondent retired in lieu of termination from her administrative position with the district. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. COUNT2: 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 her effectiveness as an employee of the school board. 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), Florida Adininistrative Code, in that Respondent has failed to maintain/adnninister 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)(H, Florida Administrative Code, in that Respondent has failed to participated in/directed/aided/counseled/assisted in/encouraged any activity which could result in the inaccurate measurement/reporting of examinees’ achievement. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(3), Florida Administrative Code, in that Respondent has failed to report suspected cheating or other violation of Rule 6A-10.042. 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 learning and/or to the student’s mental health and/or physical health and/or safety. COUNT 8: 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. LORENA BACKUS Administrative Complaint Page 3 of 4 COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(d), Florida Administrative Code, in that Respondent has intentionally suppressed or distorted subject matter relevant to a student’s academic program. COUNT 10: 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 li: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(®), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights. COUNT 12: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(), Florida Administrative. Code, in that Respondent has failed to keep in confidence personally identifiable information obtained in the course of professional s services, unless disclosure serves professional purposes or is required by law. COUNT 13: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 14: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional Privileges for personal gain or advantage. COUNT 15: 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. COUNT 16: The allegations of misconduct.set forth herein are in violation of Rule 6B- 1.006(5)(e), Florida Administrative Code, in that Respondent has made malicious or intentionally false statements about a colleague. COUNT 17: The Respondentis in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in comnection with ‘professional activities. (SIGNATURE ON FOLLOWING PAGE) LORENA BACKUS 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 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 1 day of Sune __, 2007. Geancre Clonberg henca Olona JEANINE BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 08-003316PL