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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MEGAN FAIRCHILD, 16-003895PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003895PL Visitors: 23
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MEGAN FAIRCHILD
Judges: E. GARY EARLY
Agency: Department of Education
Locations: Ocala, Florida
Filed: Jul. 13, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 26, 2016.

Latest Update: Sep. 28, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS, CASE NO. 145-3025 MEGAN FAIRCHELD, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MEGAN FAIRCHILD. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to sections 1012.315, 1042.795, 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 Ee tte 1. The Respondent holds Florida Educator’s Certificate 1077322, covering the areas of Elementary Education, English for Speakers of Other Languages (“ESOL”) and Exceptional Student Education (“ESE”), which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as an ES8& Teacher at Maplewood Elementary School in the Marion County School District. MATERIAL ALLEGATIONS 3. On or about February 25, 2015, Respondent signed the Spring 2015 Florida Alternate Assessment Test Administration and Security Agreement. On or about February 27, 2015, Respondent completed Florida Alternate Assessment training. On or about March 11, 2015; March 12, 2015, and March 17, 2015; Respondent failed to properly administer the Florida Alternate Assessment to four exceptional education students. Furthermore, in administering the aforementioned examination, Respondent misrepresented the scores of the students who took said examination. Respondent’s conduct includes, but is not Jimited to: MEGAN FAIRCHILD Administrative Complaint Page 2 of 3 (a) Failing to administer the fourth grade writing portion of the Florida Alternate Assessment; (b) Failing to properly secure testing materials and failing to follow proper testing procedures and protocols; (c) Fraudulently submitting T.M.’s answer sheet. The aforementioned student was absent on March 11, 2015 and March 12, 2015. T.M. was present on March 17, 2015; however, the student was not administered the Florida Alternate Assessment. Nonetheless, Respondent submitted a score/answer sheet representing that he had completed said examination; (d) Transcribing students’ answers on behalf of students without said students indicating an answer to a given question, and (e) Failing to administer the math portion of the Florida Alternate Assessment to student A.M. 4, As a result of Respondent’s conduct, all four students’ Florida Alternate Assessment examinations were invalidated. The Petitioner charges: STATUTE VIGLATIONS COUNT I: ~ 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 2: 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 fo the student's mental bealth and/or physical health and/or safety. COUNT 3: 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. COUNT 4: The Respondent is in violation of Rule 6A-10.081(5)03), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) MEGAN FAIRCHILD 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. EXECUTED on this day of Fionaan 52016. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-003895PL
Issue Date Proceedings
Oct. 26, 2016 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Oct. 26, 2016 Joint Motion to Close File and Relinquish Jurisdiction to the Education Practices Commission filed.
Sep. 09, 2016 Order Canceling Hearing and Requiring Status Report (parties to advise status by October 24, 2016).
Sep. 09, 2016 Respondent's Unopposed Motion to Continue or Hold in Abeyance Final Hearing filed.
Aug. 09, 2016 Notice of Taking Deposition (of Megan Fairchild) filed.
Aug. 03, 2016 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Jul. 25, 2016 Certificate of Service of Discovery filed.
Jul. 20, 2016 Order of Pre-hearing Instructions.
Jul. 20, 2016 Notice of Hearing (hearing set for September 15, 2016; 10:00 a.m.; Ocala, FL).
Jul. 19, 2016 Joint Response to Initial Order filed.
Jul. 13, 2016 Initial Order.
Jul. 13, 2016 Administrative Complaint filed.
Jul. 13, 2016 Election of Rights filed.
Jul. 13, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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