STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-2688 HEATHER DAWN JOHNSON DESIRAL, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against HEATHER DAWN JOHNSON DESIRAL. 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 p““Phe-Respondent holds Florida Educator’s Certificate 861977; covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), Reading and World Language - Spanish, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Testing Chair and Intensive Reading Teacher at RAMZ Academy in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2011-2012 school year, the Respondent was the Test Chair and Intensive Reading Teacher at RAMZ Academy, in Miami-Dade County. 4. On or about February 7, 2012, the Respondent attended the Miami-Dade County Public Schools Elementary and K-8 Test Chair Person training. The training included a PowerPoint presentation describing “Prohibited Activities: Florida Statute and State Board of Education Rule.” HEATHER DAWN JOHNSON DESIRAL Administrative Complaint Page 2 of 4 5. During the 2011-2012 school year, the Respondent tampered with and copied FCAT questions and answers in violation of FCAT Testing Security. The Respondent assisted in providing teachers a study guide for the upcoming Florida Comprehensive Assessment Test (F CAT) administration. The study guide contained hand-written and detailed questions and answers from the upcoming FCAT. 6. On or about April 13, 2012, it was determined that the third and fourth grade reading and math test booklets seals had been broken. Further, it was discovered that one sixth grade math booklet, one seventh grade reading and math booklet, one eighth grade science booklet and two eighth grade reading and math booklets were missing. 7. On or about April 13, 2012, the Respondent revealed the location of the missing booklets. Upon locating the missing booklets, it was determined that the seals for these booklets had been, broken and the test had been compromised. 8. The FCAT tampering was reported in the local media. 9. The Respondent was suspended without pay and later terminated. 10. The Respondent is in violation of Section 1008.24(1), Florida Statutes, in that the 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, Li, The Respondent is in violation of Section 1008.24(1)¢b), Florida Statutes, in that -Respondent.copied, reproduced, or used in-any-manner inconsistent-withtest security rulesalborany: portion of any secure test booklet, 12, 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. 13. 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. 14, The allegations of misconduct set forth herein are in violation of Rule 6A-1 0.042(1), Florida Administrative Code, in that Respondent failed to maintain/administer tests in a manner to preserve test integrity, 15, The allegations of misconduct set forth herein are in violation of Rule 6A- HEATHER DAWN JOHNSON DESIRAL Administrative Complaint Page 3 of 4 10.042(1\(b), Florida Administrative Code, in that Respondent revealed, copied, or otherwise reproduced tests or individual test questions. 16. The allegations of misconduct set forth herein are in violation of Rule 6A- 10.0421 )(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. 17, 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, answer keys, student responses secure and precisely accounted for. 18. The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(3), Florida Administrative Code, in that Respondent failed to report suspected cheating or other violations of Rule 6A-10.042. 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 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 )Q), 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 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 learning and/or to the student’s mental health and/or physical health and/or safety. COUNT 5: he allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage, HEATHER DAWN JOHNSON DESIRAL Administrative Complaint Page 4 of 4 COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.08 1(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. 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 periad of time up to 10 years or permanently. EXECUTED on this 7 St day of Pebrismen , 2014. Ld Leer PAM STEWART, as -Commissioner-of Bducation State of Florida

Docket for Case No: 14-004067PL