NG fy 3> SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, BY AND THROUGH ITS SUPERINTENDENT, RONALD BLOCKER, Petitioner vs. Frances Ellerbe-Valerio Respondent . ADMINISTRATIVE COMPLAINT ‘RONALD BLOCKER, as Superintendent of Schools, for and on behalf of the School Board of Orange County, Florida, (hereinafter referred to as “Petitioner’), files this Administrative Complaint against Frances Ellerbe-Valerio (hereinafter referred to as “Respondent’). Petitioner seeks the severance of Respondent's professional services contract with Petitioner pursuant to Section 1012.33, Florida Statutes. The Petitioner alleges: 1. The Respondent, at all times material to this Complaint, is employed as a classroom teacher by the Petitioner, the School Board of Orange County, Florida. The Respondent was hired on ‘August 5, 2002 and is currently an ESOL teacher at.Legacy Middle School. 2. Respondent holds a professional services contract of employment with the School Board of Orange County, Florida. 3. That on ‘or about February 22, 2008, the Respondent signed the FCAT Administration and Security Agreement in accordance with the test security statute, Section 1008.24, F.S. The rule prohibits activities that may threaten the integrity of the test. Attached hereto and incorporated herein as Attachment A is a copy of the signed agreement. That on or about March 13, 2008, students alleged that the Respondent gave inappropriate assistance while they were taking the FCAT examination. Students stated Respondent would walk around the room and either verbally tell them the answer, state the student/s had the wrong answer, point to an answer, repeatedly wag her finger "no" while painting to an incorrect answer or inform students that a certain answer could be the correct answer but to use their own discretion in choosing the answer. That on or about March 13, 2008, students alleged that the test taking environment during FCAT administration was not conducive to student concentration. Students stated, while several students were still taking the examination, Respondent permitted students who finished the examination to play with objects, talk, sing, and/or converse loudly while working on computers. . That on March 14, 2008, Respondent was placed on relief of duty with pay. Such actions, individually and collectively, by the Respondent are in violation of School Board Policies, misconduct in office, willful neglect of duty, violation of Florida State Board of Education Rule 6A-10.042, FAC and Section 1008.24 F.S., and a violation of the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. Said violations, individually and collectively, are sufficient grounds to sever the professional services contract status of Respondent, Frances Ellerbe-Valerio, and to terminate her employment with the School Board of Orange County, Florida. THEREFORE, the Superintendent of Schools for the School Board of Orange County, Florida, recommends that the Board sever its professional services contract relationship with the Respondent and terminate immediately the employment of Respondent, Frances Ellerbe-Valerio: | Dated this 6 day of June, 2008, ge County, Florida 445 W. Amelia, Street Orlando, Florida 32801 (407)317-3411 ATTACHMENT: mn '-- ‘FCAT Administration and Security Agreement ee ReeTeemene Florida Department of Education Bureau of K-J2 Assessment . + Florula Slate Buard of Education Rule 6A-16,042. FAC, w. srrimty statute, Section 1008.24, F.S., and apphes 1o anyone involved in the assessment test. The rule prohibits activities that may threaten the inte manual lor the Florida Test Security Statute and Rule. Ex as developed! to meel the reyiremenis ot eB, Sp administration al a statewide ! Brity of the test. See Appendix B ofthis amples of prohibited! activities arc listed betel ify S10 arc HEA Rar, = Reading the passages, test items, or performance tasks “AR ied le = Revealing the passages, test items, or performance tasks = Copying the passages, test items, or performance tasks = Explaining or reading test items, or passages for students Changing or otherwise interfering with student responses to test items Causing achievement of schools to be inaccurately measured or reported = | Copying or reading student responses Ifany of the above examples are allowable accommodations for ex IEPs, test administrators are permitted to provide the accommoda manual. All peysonmmel are prohibited from examinin books and-answer documents. The security of all after the test administration. Please remember that after ANY administration, must be returned immediately to the schoo) coordinator and placed in locked should nat remain in classrooms or be taken out of the building overnight - The use ofvuntrained test administrators iacreases the risk of test inva breaches in security. iA Yoo. or + ie L Fy NCUIAN Lae procedures. 4 ~ ave read the information and instmaictions sections of the 2008 FCAT S5S Reading, Mathematics, chart on page 1). ] agree to administer the Florida C ceptional education students with currént tion(s) as described in Appendix A of this 8 Or copying the test jlems and/or the contents of student test lest materials must be maintained befére, during, and initial OR make-up, materials storage. Secure materials Jidation due to test imeguiarilies or provided in all applicable and Science Test Administration Manual (as outlined in the omprehensive Assessment Test according to these Further, ¥ will not reveal or disclose any information about the test items or engage in any acts that would violate the security of the FCAT and cause student achievernent to be inaccura tely represented or reported. Set OD ran a Feantes BE Veheis Schoo! Name and Number Print Name tra San BE Vets Storfature i

Docket for Case No: 08-004433TTS