STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 145-2718 JAMES EDWARD HARTE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JAMES EDWARD HARTE. Thé Pétitioner 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 481629, covering the area of Physical Education, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Cypress Woods Elementary School in the Pinellas County School District, MATERIAL ALLEGATIONS 4 3. On or about September 24, 2014, Respondent signed the Pinellas County Schools Test Administration and Security Agreement and Prohibited Activities Agreements whereby Respondent agreed, among other things, not to read, view, reveal or copy test items from district evaluations. 4, On or about January 21, 2015, Respondent administered the Pilot Physical Education Assessment Pre-Test (Pre-Test), a district evaluation. During the course of administering the test, Respondent recorded pictures of the exam questions with his cell phone. JAMES EDWARD HARTE Administrative Complaint Page 2 of 3 The Pre-Test is identical to and used as a baseline for the Pilot Physical Education Assessment Post-Test (Post-Test). The Post-Test is a district evaluation used to track student progress and impacts Respondent’s evaluation. 5. On or about February 9, 2015, one day prior to administering the Post-Test to his class, Respondent accessed the Pre-Test questions on his cel] phone and provided test questions and answers to his class and the class of one other teacher. 6. All tests administered by Respondent and the other teacher on or about February 10, 2015, were invalidated, The Petitioner charges: STATUTE VIOLATIONS COUNT I; 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 effectiveness as an employee of the school board. COUNT 2: 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. 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 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 4: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 5: 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. (SIGNATURE ON FOLLOWING PAGE) JAMES EDWARD HARTE 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 Commission impose an zppropriate 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 Gg day of {Vove mber. 2015. Liberec PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-003076PL