STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-2320

MARYNA V. TOMASHEVSKA,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Coniplaint against MARYNA V. TOMASHEVSKA. The Petitioner seeks the appropria te disciplina ry sar1ction of tl1e Respondent' s educator's certificate. pursuant to Sec tion .s 1012.3 1 5, I012.795, 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 sa nctions

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 924285, covering the areas of Music and Prekindergarten/Primary Education, which is valid through June 30, 2013.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at Riverside Elementary School in the Orange County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about March 11, 2010, while acting as FCAT test administrntor, Respondertt provided prompting and test answers to students during FCAT testing.

   
   

4. Respondent's actions included, but were not limited to: leaning over students as they took the test, pointing with her finger into the test booklet, helping a student with a math problem, and helping a student work a problem concerning a clock.

   
   

   Filed June 3, 2011 11:27 AM Division of Administrative Hearings

   MARYNA V. TOMASHEVSKA

   Administrative Complaint

   Page 2 of3

   
   

5. 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.

   
   

6. The Respondent is in violation of Section 1008.24(1)(£), Florida Statutes, in that Respondent knowingly and willfully failed to follow test administration directions specified in the test administration manuals.

   
   

7. The allegations of misconduct set forth herein are in violation ofRule 6A-l 0.042(1), Florida Administrative Code, in that Respondent failed to maintain/administer tests in a manner to preserve test integrity.

   
   

8. The allegations of misconduct set forth herein are in violation of Rule 6A-

   l 0.042(1)(c), Florida Administrative Code, in that Respondent assisted examinees in answering questions.

   
   

9. The allegations of misconduct set forth herein are in violation of Rule 6A-

   l 0.042(1)(d), Florida Administrative Code, in that Respondent interfered with examinees answers while administering test.

   
   

10. The allegations of misconduct set forth herein are in violation ofRule 6A-

l 0.042(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.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT ! : 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)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules,

COUNT 3: The Respondent is in violation of Section 1012.795(l)(k), Flmida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate.

MARYNA V. TOMASHEVSKA

Administrative Complaint

Page 3 of3

RULE VIOLATIONS

COUNT 4: The allegations of misconduct set fo1ih herein are in violation of Rule 6B- l.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings.

,vHEREFORE, 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 JO years or perrna11ently 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 JO years or pennanently.

EXECUTED on this \ ':) -\--b_ day 0 £..c. R._1'1--\.I.::,¼, 2010.

DR. ER.IC .

Commissioner of Education State of Florida

Docket for Case No: 11-002798PL