STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as )O- 18a! FL Commissioner of Education, Petitioner, vs. CASE NO. 078-2915 MIA Y. MERRITT, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Cominissioner of Education, files this Administrative Complaint against MIA Y. MERRITT. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 738398, covering the areas of Educational Leadership, Elementary Education and Exceptional Student Education, which is valid through June 30, 2014. ~ 2. Atall times pertinent hereto, the Respondent was employed as an Assistant Principal at Skyway Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. Between February 26, 2007 and March 2, 2007, the Florida Comprehensive Assessment Test (FCAT) was administered at Skyway Elementary School. 4. Subsequent to the administration of the FCAT, in or around March 2007, the Respondent, or someone with her knowledge, supervision and direction, reviewed answer sheets from approximately forty-eight (48) fifth grade math tests, erased student answers, and repiaced student answers with correct answers. MIA Y. MERRITT Administrative Complaint Page 2 of 4 5. The Respondent was responsible for overseeing the administration of the FCAT for the 2006-2007 school year and failed to report the improper removal of assessment materials from their secured location. 6. During an investigation relating to the conduct alleged in paragraphs 4 and 5 of this complaint, the Respondent did not provide officials of her school district or the Department of Education with an accurate and honest account of the circumstances surrounding the fifth grade math test answer sheets. 7. 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. 8. 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. 9. The Respondent is in violation of Section 1008.24(1)(e), Florida Statutes, in that Respondent failed to follow security rules for distribution and return of secure test as directed, or failed to account for all secure test materials before, during, and after testing. 10. 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. 11. Theallegations 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. 12. 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. 13. The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(), 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. 14. _ The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(2), Florida Administrative Code, in that Respondent failed to keep test materials, booklets, MIA Y. MERRITT Administrative Complaint Page 3 of 4 answer keys, student responses secure and precisely accounted for. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 2: The Respondent is in violation of Section 1012.795(1)(g), 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)(), 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 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 5: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(b), Florida Administrative Code, in that Respondent has intentionaliy distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 7: — 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. COUNTS: 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. MIA Y. MERRITT 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; determining the Respondent to be ineligible for certification; 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 \G> aay of Foores on a 7 2010. DR. C J. SMITH, as Commissioner of Education State of Florida

Docket for Case No: 10-001821PL