Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: TRACY CLARK-BASS
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Orlando, Florida
Filed: Apr. 07, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 29, 2016.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 134-0254
TRACY N. CLARK-BASS,
Respondent.
/
ADMINISTRATIVE COMPLAINT.
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against TRACY N. CLARK-BASS. 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 748494, covering the areas
of Biology and Varying Exceptionalities, which is valid through June 30, 2019.
2. At all times pertinent hereto, the Respondent was employed as a Biology Teacher
at Apopka High School in the Orange County School District.
MATERIAL ALLEGATIONS
5
3. On or about April 24, 2013, Respondent signed the Florida EOC Test
Administration and Security Agreement which listed examples of prohibited. activities when
administering Florida End of Course exams including but not limited to; Explaining or reading
test items for students. Additionally, on the same day, Respondent signed the Test Administrator
Prohibited Activities Agreement whereby Respondent agreed that during the administration of
the exam she could not, among other things, Answer student questions about test items, Read tést
items, or Coach students during testing regarding test-taking strategies.
TRACY N. CLARK-BASS
Administrative Complaint
Page 2 of 4
4. On or about May 3, 2013, Respondent violated testing statutes and rules when
administering the Florida Biology | End of Course Exam. Respondent’s conduct included but
was not limited to:
A. Assisting A.R., a fifteen year old, female student, by helping A.R. to set
up a problem on the exam;
B. Assisting P.W., a fifteen year old, female student, by helping P.W. to set
up a problern on the exam;
Cc, Assisting M.D., a fourteen year old, male student, by giving him a hint as
to whether an answer was correct or not; and
D. Reading questions to students while they were taking the exam.
5, On or about June 13, 2013, Respondent resigned in lieu of termination from her
teaching position with the District as a result of her conduct.
The Petitioner charges:
COUNT 1:
STATUTE VIOLATIONS
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 schoo! districts pursuant to Section 1008.22,
COUNT 2: T
in that Respondent coached
responses.
COUNT 3: T
he Respondent is in violation of Section
examinees during testing or altered o
e Respondent is in violation of Section
008.24(1)(c), Florida Statutes,
0
r interfered with examinees!
08,24(1)(£), Florida Statutes,
in that Respondent knowingly and willfully failed to follow test administration directions
specified in the test administration manuals.
COUNT 4: T
the acts prohibited in thi
COUNTS: = T
s section.
he Respondent is in vio
he Respondent is in violation of Section
in that Respondent participated in, directed, aided, counseled, ass
ation of Section
08.24(1)(g), Florida Statutes,
isted in, or encouraged any of
12.795(1)(g), Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces
effectiveness as an emp
oyee of the school board.
TRACY N. CLARK-BASS
Administrative Complaint
Page 3 of 4
COUNT 6: The Respondent is in violation of Section 1012.795(1)G), 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 7; — 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.
COUNT 8: 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.
COUNT 9: 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.
COUNT 10: 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.
COUNT 11: The allegations of misconduct set forth herein are in violation of Rule 6A-
10,081(3)(a), Florida Adminisirative 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.
(SIGNATURE ON FOLLOWING PAGE)
TRACY N, CLARK-BASS
Administrative Complaint
Page 4 of 4
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 @ 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 fora period of time up to 10 years or permanently.
2
EXECUTED on this 272 day or June, 2018.
_oyhtcwrs
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 16-001920PL
Issue Date |
Proceedings |
Jun. 29, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jun. 29, 2016 |
Unopposed Motion to Close File filed.
|
Jun. 15, 2016 |
Respondent's Notice of Service of Discovery Responses filed.
|
Jun. 13, 2016 |
Notice of Taking Deposition (of Tracey Clark-Bass) filed.
|
May 24, 2016 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for July 21, 2016; 9:30 a.m.; Orlando, FL).
|
May 17, 2016 |
Unopposed Motion for Continuance filed.
|
Apr. 26, 2016 |
Certificate of Service of Discovery filed.
|
Apr. 18, 2016 |
Notice of Hearing by Video Teleconference (hearing set for June 10, 2016; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Apr. 18, 2016 |
Order of Pre-hearing Instructions.
|
Apr. 18, 2016 |
Joint Response to Initial Order filed.
|
Apr. 07, 2016 |
Initial Order.
|
Apr. 07, 2016 |
Administrative Complaint filed.
|
Apr. 07, 2016 |
Revised Election of Rights filed.
|
Apr. 07, 2016 |
Agency referral filed.
|