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PAM STEWART, AS COMMISSIONER OF EDUCATION vs HOLLY CADY, 17-006734PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-006734PL Visitors: 5
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: HOLLY CADY
Judges: J. BRUCE CULPEPPER
Agency: Department of Education
Locations: Kissimmee, Florida
Filed: Dec. 18, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 14, 2018.

Latest Update: Nov. 19, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-1735 HOLLY LYNN CADY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against HOLLY LYNN CADY. 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 1033882, covering the area of Music, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at Flora Ridge Elementary School in the Osceola County School District. MATERIAL ALLEGATIONS 3. On or about August 27, 2015, Respondent signed the district’s Test Administration and Security Agreement for Assessments Used for Employee Evaluation Purposes wherein she agreed to protect the integrity of the exam and to follow all procedures related to the exams. 4. On or about May 10, 2016, Respondent received an email from the District Assessment Coordinator that contained the End of Course exam for music students. Respondent violated the test administration and security agreement. On or about May 16-17, 2016, HOLLY LYNN CADY Administrative Complaint Page 2 of 3 Respondent conducted a review with her students with the testing materials in direct violation of her agreement. As a direct result of Respondent’s actions, the integrity of the exam was compromised and all exams were invalidated or compromised. Respondent’s evaluation was significantly impacted by the results of the exam. 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. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(b)3, Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(c)1, Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) HOLLY LYNN CADY 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 onthis (th day of _ dy J 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-006734PL
Issue Date Proceedings
Mar. 14, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 14, 2018 Joint Motion to Close File filed.
Mar. 12, 2018 Notice of Appearance (Tobe Lev) filed.
Mar. 12, 2018 Petitioner's Exhibit List filed.
Mar. 12, 2018 Petitioners Witness List filed.
Mar. 06, 2018 Notice of Transfer.
Feb. 09, 2018 Notice of Transfer.
Jan. 03, 2018 Amended Notice of Hearing (hearing set for March 28, 2018; 9:30 a.m.; Kissimmee, FL; amended as to hearing location).
Dec. 26, 2017 Order of Pre-hearing Instructions.
Dec. 26, 2017 Notice of Hearing (hearing set for March 28, 2018; 9:30 a.m.; Kissimmee, FL).
Dec. 21, 2017 Joint Response to Initial Order filed.
Dec. 18, 2017 Initial Order.
Dec. 18, 2017 Notice of Appearance (Eric Lindstrom).
Dec. 18, 2017 Administrative Complaint filed.
Dec. 18, 2017 Election of Rights filed.
Dec. 18, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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