STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-2660 ROSSY SCARLETT TAVAREZ LUGO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ROSSY SCARLETT TAVAREZ LUGO. 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 1095137, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Kidz Choice Charter School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about March 31, 2016 and April 1, 2016, Respondent administered the 2016 fourth grade Florida Standards Assessment (FSA) mathematics test and provided impermissible assistance to students to include but not limited to: a, Z.C., a fourth grade female siudent received direct assistance from Respondent regarding how to review answers on certain questions. ROSSY SCARLETT TAVAREZ LUGO Administrative Complaint Page 2 of 3 b. X.B., a fourth grade male student received direct assistance from Respondent who told him to change an answer and gave him a “hint.” c. JJ., a fourth grade male student received direct assistance from Respondent who showed him an answer and told him to look back at an answer. 4. Respondent is an experienced educator in the State of Florida. Respondent has administered the FSA previously and was or should have been well aware of testing procedures, including but not limited to the prohibition on changing or otherwise interfering with student responses to test items. 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)(c)1, Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) ROSSY SCARLETT TAVAREZ LUGO 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 / (UL day of Ju } , 2017. Khana Pani PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-001597PL