STATE OF FLORIDA EDUCATION PRACTICES COMMISSION ‘PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-3298 FUDITH CAVELL SAMUELS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JUDITH CAVELL SAMUELS. 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 Educator’s Certificate 821749, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2016. 2. Af all times pertinent hereto, the Respondent was employed as a Third Grade ‘Teacher at Parkway Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3, On or about April 18, 2013, the Respondent administered the Florida Comprehensive Assessment Test (FCAT) to her 3" grade class. 4, On or about April 8, 2013, the Respondent signed a FCAT 2.0 RMS Administrator’s and Proctor’s Meeting sign in sheet. JUDITH CAVELL SAMEULS Administrative Complaint Page 2 of 4 5) "iy preparation forthe test, on” or about Aprit 872013; the Respondent signed a “FCAT Test Administrator Prohibited Activities Agreement,” under which she agreed in relevant part: A. c. That during testing she may not: (1) Read test items or student responses as I monitor the room; (2) Give Students more time than is allotted for the session (unless a student has an extended time accommodation); (3) Use my cell phone, check email, grade papers, or engage in other activities that will result in my attention not being on students at all times; and (4) Instruct students to test in a session other than the one designated for that day/allotted testing time (going to Session 2 during Session 1, reviewing work in Session | during Session 2). After testing she many not: (1) Read through student test documents. Under the Agreement, the Respondent specifically agreed, “I acknowledge the information above and will not engage in any of the prohibited activities indicated on this page.” 6. On or Respondent provided about April 18, 2013, during the administration of the FCAT, the a student with more than the allotted time for the session to bubble in answers that the student failed to bubble in during the specified time frame. Specifically, the Respondent told third grade student K.B. while collecting the test booklets, that she missed questions and allowed K.B. to bubble them in. 7. On or about April 18, 2013, during the administration of the FCAT, the Respondent used her cell phone to access the internet while students were engaged in the test, 8. 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 Coramissioner of Education to students, educators, or applicants for certification or administered by school districts pursuant to s. 1008.22. JUDITH CAVELL SAMEULS Administrative Complaint Page 3 of 4 Or ~The Respondent is in violation of Section 1008:24(1\(eyy Flotida Stattites, iti that Respondent coached examinees during testing or altered or interfered with examinees’ responses. 0. 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. 1, 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, 2. The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1), Florida Administrative Code, in that Respondent failed to maintain/administer tests in a manner to preserve test integrity. 13. The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(c), Florida Administrative Code, in that Respondent assisted examinees in answering questions. 14. The allegations of misconduct set forth herein are in violation of Rule 6A- 10.042(1)(d), Florida Administrative Code, in that Respondent interfered with examinees answers while administering test. 15. 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 1: The Respondent is in violation of Section 1012.795(1)@), 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- 10.081(3)a), Florida Administrative Code, in that Respondent has failed to make reasonable JUDITH CAVELL SAMEULS Administrative Complaint Page 4 of 4 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. 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 period of time up to 10 years or permanently. EXECUTED on this '4 — dayor Ocrkaley 2014, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-004796PL