STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS; CASE NO, 112-3124 KAY LOTTMAN NEWLON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against KAY LOTTMAN NEWLON, 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 6A-10.081, 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 Educatot’s Ceitificate 55 6431, covering the areas.of Elementaty Education, Emotionally Handicapped, English. for Speakers: of Other Languages (ESOL), Specific Learning Disabilities and Gifted, which is valid through June 30, 2016. 2. Atall times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Citrus Elementary School in the Orange County School District. MATERIAL ALLEGATIONS 3. On or about April 18, 2012, the Respondent. was responsible for proctoring and handling student examinations during the administration of the Florida Compréhensive Assessment Test (FCAT). During the: examination time, the Resporident reviewed several students’ answer sheets, told the students certain answers were incorrect and told the studenits to change theiranswers. 4, The Respondent is in violation. of Section 1008.24(1)(c), Flotida Statutes, in that Respondent coached examinees during testing or altered or interfered. with examinees! responses, KAY LOTTMAN NEWLON Administrative. Complaint Page 2:-of 3 5. 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. The Petitioner charges: STATUTE VIOLATIONS COUNT I: 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 Respondentis in violation of Section 1012.795(1)(@), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education. Proféssion prescribed by State Board of Education rules. COUNT 3: The Respondent is in violation of Section 1012.795(1)(k), Florida Statites, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein.are in violation of Rule 6A« 10.081(3)(a), Florida Administrative Code, in that Respondent has failed. to:make reasonable effort to protect the student from conditions harmful to learnirig and/or to the student’s mental health and/or physical health and/or safety. COUNT §: The allegations of misconduct set forth herein. are in violation of Rule 6A- 10,081(5)(a), Florida Administrative Code, in that Resporident has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) KAY LOTIMAN NEWLON Administrative Complaint Page 3 of 3 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 Comithission 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; placin g the Réespondent 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 Respondént’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 12" day of August , 2013, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-000727PL