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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MOLLY LANE, 18-003357PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-003357PL Visitors: 9
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MOLLY LANE
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Orlando, Florida
Filed: Jul. 02, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 17, 2018.

Latest Update: Jun. 28, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-3486 MOLLY LANE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MOLLY LANE. 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 970210, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Resource Teacher at Discovery Middle School in the Osceola County School District. MATERIAL ALLEGATIONS 3. On or about February 3, 2017, Respondent signed a Test Administration and Security Agreement, whereby she agreed that she would not “engage in any acts that would. ..cause student achievement to be inaccurately represented” on statewide assessments, such as the Florida Standards Assessment (FSA). 4. On or about February 28, 2017, while working in her capacity as Testing Coordinator, Respondent failed to properly perform her duties as required by the schoo! district MOLLY LANE Administrative Complaint Page 2 of 3 and state law, or as provided in the Test Administration and Security Agreement, when she failed to ensure that the testing materials for the FSA English Language Arts- Writing Assessment for sixth graders were distributed correctly. As a result, 13 sixth-grade, exceptional education students were administered the wrong test and were required to take the correct version of the test at a later date. 5. As a result of Respondent’s conduct described herein, the School District of Osceola County issued Respondent a Letter of Reprimand and directed her to be retrained by the Research and Accountability staff on test administration procedures as well as test security, to have all procedures and test materials verified by a school administrator assigned to testing prior to any distribution of materials or administration of any assessment, and to read pertinent School Board Rules. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces effectiveness as an employee of the school board. COUNT 2: 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 3: 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) MOLLY LANE 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 \g® day of __{ Y la fc h , 2018. hd, fewer PAM STEWART, as_ Commissioner of Education State of Florida

Docket for Case No: 18-003357PL
Source:  Florida - Division of Administrative Hearings

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