» hg STATE OF FLORIDA + Hf bea, EDUCATION PRACTICES COMMISSION? DE¢ / OXas TPL DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 067-3482-F MARY ALICE MURPHY, Respondent. Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MARY ALICE MURPHY. 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 194593, covering the area of Elementary Education, which is valid through June 30, 2012. 2. Atall times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Ivey Lane Elementary School in the Orange County School District. MATERIAL ALLEGATIONS 3. On or about February 23, 2007, training for the 2007 FCAT administration was conducted at Ivey Lane Elementary School in Orange County, Florida. Respondent attended this training and signed the FCAT Administration and Security Agreement. Both the training and the security agreement indicate that the instructors are not to assist students with the content of the test. 4. The FCAT testing was conducted on Monday, February 26, 2007; Tuesday, February 27, 2007; and Wednesday, February 28, 2007. MARY ALICE MURPHY Administrative Complaint Page 2 of 3 5. During the administration of the FCAT on these dates, the Respondent assisted students by telling them the correct answers, either verbally or by pointing to the correct answers. In addition, the Respondent allowed several students additional time to finish their answers. The Petitioner charges: STATUTE VIOLATIONS 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)(c), Florida Statutes, in that Respondent coached examinees during testing or altered or interfered with examinees’ responses. COUNT 3: 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 4: 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 5: 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. COUNT 6: TheRespondent 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. COUNT7: The Respondent is in violation of Section 1012.795(1)G), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. RULE VIOLATIONS COUNT 8: 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/administer tests in a manner to preserve test integrity. MARY ALICE MURPHY Administrative Complaint Page 3 of 3 COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(c), Florida Administrative Code, in that Respondent assisted examinees in answering questions. COUNT 10: 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 answers while administering test. COUNT 11: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(f}), Florida Administrative Code, in that Respondent has participated in, directed, aided counseled, assisted in, or encouraged an activity which could result in the inaccurate measurement or reporting of examinees’ achievement. COUNT 12: 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. 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. ON : EXECUTED on this \@" day of December , 2007). State of Florida

Docket for Case No: 08-006359PL