STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO, 156-3565 BETHZAIDA SOTOMAYOR, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against BETHZAIDA SOTOMAYOR. 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 925361, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL) and World Language - Spanish, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as an ESOL Teacher on assignment in the Volusia County School District. MATERIAL ALLEGATIONS 3. On or about February 24, 2016, Respondent signed a Test Administration and Security Agreement for the 2016 ACCESS for English Language Learners 2.0 Assessment (test) whereby Respondent agreed that while administering the test she would “read the information and instructions provided in all applicable sections of the relevant test administration manual(s),” “follow all test administration and security procedures outline[d] in the manual(s), Statute and Rule,” and refrain from “activities that may threaten the integrity of the test.” BETHZAIDA SOTOMAYOR Administrative Complaint Page 2 of 3 4, On or about February 25, 2016, despite acknowledging the Test Administration and Security Agreement, Respondent failed to follow the test administration procedures outlined in the manual when she administered the test without providing instruction to the students from a prepared script prior to administration. As a result of Respondent’s conduct, students’ scores for the writing portion of the test were invalidated. 5. On or about February 26, 2016, despite acknowledging the Test Administration and Security Agreement, Respondent re-administered the writing portion of the test to students that had already completed or partially completed the writing portion of the test. As a result of Respondent’s conduct, students’ scores for the writing portion of the test were invalidated. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(j), 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) BETHZAIDA SOTOMA YOR 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_)P{4_, day of Ayal __, 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-005378PL