STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, Vs. CASE NO. 134-2950 JUDY LYNNETTE HOLMES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JUDY LYNNETTE HOLMES. 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 980407, covering the areas of Elementary Education, English, English for Speakers of Other Languages (ESOL) and Reading, which is valid through June 30, 2017, 2. At all times pertinent hereto, the Respondent was employed as a Language Arts Teacher at Explorer K-8 School in the Hernando County School District. MATERIAL ALLEGATIONS 3. On or about February 13, 2014, Respondent signed the Test Administration Prohibited Activities Agreement and the Florida Comprehensive Assessment Test (FCAT) 2.0 Test Administration and Security Agreement. 4, On or about February 25, 2014, Respondent administered the Spring FCAT 2.0 Writing Test to her class of eighth grade students. Prior to administration of the exam, Respondent failed to ensure that there was a working clock in the exam room. At the outset of JUDY LYNNETTE HOLMES Administrative Complaint Page 2 of 3 the exam, Respondent neglected to set a timer. Respondent set a timer after the exam had started and incorrectly estimated the amount of time that had elapsed since the start of the exam. Respondent failed to allot students the required time to finish the exam and stopped the exam before one hour had elapsed since the start of the exam in violation of section 1008.24(1) F.S. and Rule 6A-10.042 (1) F.A.C. 5, On or about February 28, 2014, as a result of Respondent’s actions, the school principal sent a letter to parents of Respondent’s students giving them the option to have their students’ exams invalidated. As a result, thirteen students’ tests were invalidated. 6. On or about March 11, 2014, the District took action to preclude Respondent from administering any FCAT tests for the remainder of the school year. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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)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 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. (SIGNATURE ON FOLLOWING PAGE) JUDY LYNNETTE HOLMES 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 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. na EXECUTED on this 22™ day of Tune. , 2015, af PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-003603PL