STATE OF FLORIDA SEF EDUCATION PRACTICES COMMISSION 37:7 ; pes PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 156-3340 DONOVAN C. HENRY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against DONOVAN C. HENRY. 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 638421, covering the area of Mathematics, which is valid through June 30, 2021. 2. At all times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Apopka High School in the Orange County School District. MATERIAL ALLEGATIONS 3. In or around August of 2015, Respondent attended training regarding standardized testing protocols. The protocols for test administrators reviewed during the training included: a) All testing instructions should be read to the students verbatim; b) The time periods for testing sessions should be monitored and strictly adhered to by the testing administrator; and DONOVAN C. HENRY Administrative Complaint Page 2 of 3 c) Testing administrators must sign a roster the day of testing indicating they would. administer the test as required by the testing directions. 4. On or about April 12, 2016, Respondent administered the Scholastic Aptitude Test (SAT), a standardized test for college admission, to approximately 26 students. Respondent failed to follow the testing instructions and protocols for the SAT when he: a) Failed to read the testing instructions in their entirety to the students; b) Allowed students extra time to complete the test; and c) Allowed students to use calculators when calculator use was prohibited. _ 5. As a result of Respondent’s conduct alleged in paragraph 4 herein, all of the students’ SAT scores were invalidated. Some students were unable to submit college applications as planned because they did not have an SAT score. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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(2)(a)1, 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) DONOVAN C. HENRY 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_o2/ Many of SVAANA_,2017. Y PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-003292PL