STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERlC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-3058

CLAUDE P. LUCKEY,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric j, Smith, as Commissioner of Educatio n, files this Administrative Complaint against CLAUDE P. LUCKEY. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate pursuant to Sections i012.315, 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

I. The Respondent holds Florida Educator's Certificate 701487, covering the areas of Elementary Education, Guidance and Counseling, and Exceptional Student Education, which is valid through June 30, 2013.

1. At all ti.T!les pertinent hereto, the Respondent was employed as a Varying Exceptionalities Teacher at Andrew Robinson Elementary School in the Duval County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

2. On or about March 9, 2010, in Duval County, Florida, Respondent assisted e1even- year-old male student J.S. during the administration of the Mathematics portion of the Florida Comprehensive Assessment Test (FCAT) bypointing to the correct answers and telling J.S. which bubbles to fill in on J.S.' s answer sheet. J.S.'s 2010 Mathematics FCAT score was subsequently invalidated.

   
   

   Filed July 20, 2011 9:27 AM Division of Administrative Hearings

   CLAUDE P. LUCKEY

   Administrative Complaint

   Page 2 of3

   
   

3. The Respondent is in violation of Section 1008.24(1)(c), Florida Statutes, in that

   Respondent coached examinees during testing or altered or interfered writh exa.t"Tiinees' responses.

   
   

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

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section l012.795(l)(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 l 012.795(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.

RULE VIOLATIONS

COUNT 3: The allegations of misconduct set forth 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.

(SIGNATURE ON FOLLOWING PAGE)

CLAUDE P. LUCKEY

Administrative Complaint

Page 3 of3

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 Adrninistrative Complaint, Petitioner respectfully recon11nends 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 \ '\-\½_ day of ---'2011.

DR. ERi

Commissioner of Education State of Florida

Docket for Case No: 11-003494PL