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PAM STEWART, AS COMMISSIONER OF EDUCATION vs PATRICIA LORENZO, 15-001557PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-001557PL Visitors: 21
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: PATRICIA LORENZO
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Sebring, Florida
Filed: Mar. 19, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 4, 2015.

Latest Update: Nov. 17, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, Vs. CASE NO. 123-3150 PATRICIA LORENZO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against PATRICIA LORENZO. 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 io 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 alieges: JURISDICTION I. The Respondent holds Florida Educator’s Certificate 816298, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), and Reading, which is valid through June 30, 2018. 4 2. At all times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Lake Placid Elementary Schoo! in the Highlands County Schoo! District. MATERIAL ALLEGATIONS 3. On or about April 22, 2013, during the administration of the 2013 Florida Comprehensive Assessment Test (FCAT), the Respondent: (a) read student responses to test questions; (b) made notes regarding test items; and PATRICIA LORENZO Administrative Complaint Page 2 of 3 (c) copied test items. 4, Respondent copied the test items from the 2013 Fifth Grade Math FCAT Computer Based Test for purposes of using the information to improve student performance in the future. 5. The Respondent is in violation of Section 1008.24(1), Florida Statutes, in that 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 schooi districts pursuant to s, 1008.22. 6. The Respondent is in violation of Section 1008.24(1)(b), Florida Statutes, in that Respondent copied, reproduced, or used in any manner inconsistent with test security rules all or any portion of any secure test booklet. 7. The Respondent is in violation of Section 1008.24(1)(f), Florida Statutes, in that Respondent knowingly and willfully failed to follow test administration directions specified in the test administration manuals. 8. 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 Section 1008.24, Florida Statutes. 9. The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(b), Florida Administrative Code, in that Respondent revealed, copied, or otherwise reproduced tests or individual test questions. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 2: The Respondent is in violation of Section 1012.795(1)(k), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.08 LA) c), Florida Administrative Cade, in that Respondent has used institutional privileges PATRICIA LORENZO Administrative Complaint Page 3 of 3 for personal gain or advantage. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(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 followmg: 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 cettificate for a period of time up to 10 years or permanently. EXECUTED on this ! 4 day of October 2014, PAM STEWART, as Commissioner of Education State of Florida EDUCATION PRACTICES COMMISSION STATE OF FLORIDA GRETCHEN KELLEY BRANTLEY MARK STRAUSS Executive Director Chairperson LEE ANN GUSTAFSON DAVID THOMPSON Counsel Co-Chairperson March 19, 2015 Patricia Lorenzo 107 Grape Road Northwest Lake Placid, Florida 33852 RE: Pam Stewart, as Commissioner of Education vs. Patricia Lorenzo DOE #816298 EPC Case # 15-0126-RT (reference all correspondence with this number) Dear Ms. Lorenzo: On March 13, 2015, the Department of Education (DOE) filed your case with us, the Education Practices Commission (EPC) to review and take appropriate action based upon the Election of Rights you submitted. As you requested, we are forwarding your case to the Division of Administrative Hearings (DOAH) for a formal hearing. DOAH will notify you as to the date, time and location of your formal hearing. It is important that you review and timely respond to all documents you receive and comply with all deadlines assigned, so that you have the opportunity to dispute any of the facts alleged. If you are Pro Se, DOAH’s website has an entire section on representing yourself. Once DOAH hears your case, the Administrative Law Judge will submit a Recommended Order back to us, the EPC, to take final agency action. We will schedule your case for a final hearing. We will notify you as to the date, time and location of your final hearing. All address changes after filing the Election of Rights, must be filed in writing with us, the EPC. It is your responsibility to make sure your address is up-to-date and you check your mail. Our office will move your case forward with or without your participation. If you have any questions, we can be reached at (850) 245-0455. Sincerely, 4, fo Q Ly Gretchen Kelley Brantley, as Clerk of EPC Ce: Ron Weaver, Esquire Aaron Hilligas, Esquire Highlands County Schools Office of Professional Practices Services Counsel for Professional Practices Services Bureau of Educator Certification 325 W. Gaines Street 316 Turlington Building Tallahassee, FL 32399-0400 (850) 245-0455

Docket for Case No: 15-001557PL
Issue Date Proceedings
May 04, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 30, 2015 (Petitioner's) Unopposed Motion to Close File and Relinquish Jurisdiction to the Education Practices Commission filed.
Mar. 31, 2015 Order of Pre-hearing Instructions.
Mar. 31, 2015 Notice of Hearing (hearing set for May 21, 2015; 9:30 a.m.; Sebring, FL).
Mar. 31, 2015 Notice of Appearance (Branden Vicari) filed.
Mar. 30, 2015 Petitioner's Amended Response to Initial Order filed.
Mar. 27, 2015 Petitioner's Response to Initial Order filed.
Mar. 24, 2015 Notice of Substitution of Counsel (Aaron Hilligs) filed.
Mar. 20, 2015 Initial Order.
Mar. 19, 2015 Election of Rights filed.
Mar. 19, 2015 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Mar. 19, 2015 Agency referral filed.
Mar. 19, 2015 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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