9417147536 Jul 27 2010 10:17 10:18:35 a.m. 07-27-2010 BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 10-0013 KATHERINE A. HARRIS, Respondent/Employee. / ADMINISTRATIVE COMPLAINT Timothy McGonegal, as Superintendent of Schools, by and through his undersigned counsel, hereby recommends the termination of employment of Respondent, Katherine A. Harris (“Harris”), effective July 27, 2010, and as grounds therefor states as follows: FACTUAL ALLEGATIONS Cheating on Student Testing I Harris has been employed with the School District of Manatee County (“School Board”) since August |, 2005. 2. Harris is currently employed as a Teacher at Prine Elementary School (‘PES’). 3. On April 12", 13" and 14°, 2010, Harris administered the Stanford Achievement Test (“SAT”) to her first grade students as required by the School Board. 4. During each day that Harris administered the SAT on the above dates, an adult coworker proctored the test. 5. Kimberly Formosa (“Formosa”), teacher's aide, proctored for Harris on April 12" and 13°, 2010, 6/16 9417147536 Jul 27 2010 10:17 10:19:00 a.m. 07-27-2010 6. While proctoring for the SAT in Harris’ classroom Formosa observed Harris “blatantly” do the following: a) Harris positioned students to sit side-by-side with their desks touching; b) Harris paired a high-functioning student with a low-functioning student; c) Harris informed students that their answers were wrong and directed the students to redo portions of the test; d) Harris told students where they could find the answers to the problems they were working on; and, e) Harris sounded out words for students taking the test. 7. On April 13, 2010, Formosa requested that she be removed as Harris’ proctor for undisclosed reasons. This request was granted by Hayley Rio (“Rio”), PES Assistant Principal. 8, On April 14, 2010, Sandra Linder (“Linder”), teacher's aide, proctored for Harris. 9. While proctoring for the SAT in Harris’ classroom Linder observed Harris “blatantly” do the following: a) Harris seated students in a “buddy system” in which a high- functioning student was seated next to a low-functioning student with their desks side-by-side; b) Harris permitted the low-functioning students to look at the high-functioning students’ answer booklets and then bubble in their answer; c) Harris pointed to answers, and then the student bubbled in the answer she indicated; d) Harris erased some of the students’ wrong answers; e) Harris pointed out or otherwise altered students to the right answers on the test; f) Harris allowed at least one student to use the bathroom during the test and continued to administer the test while he was in the bathroom: g) Harris allowed students to talk during the test, and, h) Harris assisted the students by looking at their responses and then either shaking her head “no” or “making a face” to indicate that the student's response was incorrect. 7/16 9417147536 Jul 27 2010 10:18 10:19:33 a.m. 07-27-2010 10. Harris’ actions described in Paragraphs 6 and 9 above were intentional violations of appropriate testing protocol for the SAT. I. Harris’ actions described in Paragraphs 6 and 9 above resulted in inaccurate test results and misrepresentation of her students’ level of achievement. Dishonestly Grading Students 12. Harris issued end-of-quarter grades for her students at PES during the 2009- 2010 school year for the first, second, and third quarters. 13. Harris did not issue grades for her students at PES for the fourth quarter of the 2009-2010 school year as she was on administrative leave during that time pending investigation into the allegations made in this Complaint. 14. During the first, second, and third quarters of the 2009-2010 school year, Harris issued none of her students a grade of “3” (the lowest grade possible on the elementary grading scale, indicating “Below Standards”) in the subject areas of reading or mathematics. 15. At least five (5) students in Harris’ class, [CS, DQ, SS, BB, and NB], had a true achievement level of “3” in either reading or mathematics during the first three (3) quarters of the 2009-2010 school year, 16. Under questioning, Harris admitted that these five (5) students should have received a grade of “3” based upon their true achievement level in either reading or mathematics. 17. Despite having knowledge of these students’ true levels of performance, Harris gave these five (5) students “2's” (indicating “Meets Standards”) on their report cards in either reading or mathematics during the first three (3) quarters of the 2009-2010 school year. 8/16 9417147536 Jul 27 2010 10:18 10:20:03 a.m. 07-27-2010 VIOLATIONS 18. Harris’ actions constitute just cause under section 6.1 | of the Policies and Procedures of the School Board of Manatee County, 19, Harris has engaged in misconduct in office as defined in Rule 6B-4.009(3), FAC., which is a violation of the Code of Ethics of the Education Profession as adopted in Rule 6B- 1.001, FA.C., and the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, FA.C., which is so serious as to impair the individual's effectiveness in the school system. 20. Harris’ actions violated Rule 6B-1.006(5)(a), F.A.C., which requires that the individual shall maintain honesty in all professional dealings. 21. Harris’ actions violated Rule 6B-1.006(5)(h), F.A.C., which requires that the individual shall not submit fraudulent information on any document in connection with professional activities. 22. Harris’ actions violated Rule 6B-1.001(3), FA.C., which states that the educator must be aware of the importance of maintaining the respect and confidence of one’s colleagues, of students, of parents, and of other members of the community, and must therefore strive to achieve and sustain the highest degree of ethical conduct. WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Harris’, employment, effective July 27, 2010, if a hearing is requested, the Superintendent recommends that the hearing be granted and that Respondent be suspended without pay effective, July 27, 2010, pending the outcome of the hearing 9/16 9417147536 Jul 27 2010 10:20 10:21:26a.m. 07-27-2010 RIGHT TO A HEARING iz Respondent is entitled to a public hearing to be conducted in accordance with sections [20.569 and 120.57, Florida Statutes (2009), regarding the Superintendent's recommendation. 2. Respondent is required to file a Request for Administrative Hearing pursuant to the Administrative Procedure Act, chapter 120, Florida Statutes (2009), and the Uniform Rules adopted by the Administration Commission, chapter 28-106, Florida Administrative Code if a hearing is requested. A sample Request is attached for Respondent's reference and use. 3. Respondent must file the Request with Lyn Lego, Agency Clerk, at 215 Manatee Avenue West, 5th Floor, Bradenton, Florida 34205, no later than 4:30 p.m. on July 13, 2010, with a copy to Scott A. Martin, Esquire, Staff Attorney at 215 Manatee Avenue West, 2nd Floor, Bradenton, Florida 34205. Respondent is required to substantially comply with the requirements of the Uniform Rules. 4. Respondent is entitled to representation by counsel or other qualified representative at Respondent's expense. 5. Failure to request a hearing will be deemed an admission of the allegations against Respondent. 6. Mediation under section 120.573, Florida Statutes (2009), is not available. 7. Pursuant to Rule 28-106.214, Florida Administrative Code, notice is provided that the School Board will preserve the testimony at the final hearing by audiotape. If either party desires a certified court reporter to preserve the testimony, the party may do so at its 10/16 Jul 27 2010 10:20 9417147536 10:21:58 a.m. 07-27-2010 11/16 own expense. Any party who wishes a written transcript of the testimony from the certified court reporter shall bear the cost of such transcript. DATED this ZF" day of June, 2010, in Bradenton, Manatee County, Florida. Zed, Lek ott A. Martin, Staff Attorney ol Board of Manatee County P.O. Box 9069 Bradenton, FL 34206 Telephone (941) 708-8770, x2260 Petitioner/Employer

Docket for Case No: 10-006256TTS