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PAM STEWART, AS COMMISSIONER OF EDUCATION vs MATTHEW RICHARDSON, 18-005315PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-005315PL Visitors: 111
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: MATTHEW RICHARDSON
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Education
Locations: Altamonte Springs, Florida
Filed: Oct. 04, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 20, 2018.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-3019 MATTHEW RICHARDSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MATTHEW RICHARDSON. 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 1261262, covering the area of Exceptional Student Education, which was valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Renaissance Charter School at Poinciana in the Osceola County School District. MATERIAL ALLEGATIONS 3. On or about February 15, 2017, Respondent signed a Test Administrator Prohibited Activities Agreement and a Test Administration and Security Agreement thereby agreeing to refrain from specific conduct and abide by security measures when administering statewide assessments including but not limited to the Florida Standards Assessment (FSA). In signing these agreements, Respondent pledged, among other things, not to engage in the following activities when administering statewide assessments: MATTHEW RICHARDSON Administrative Complaint Page 2 of 3 a) Read test items; b) Assist students in answering test items; c) Give students verbal or non-verbal cues; d) Coach students during test taking; e) Explain or read test passages or items for students; or f) Interfere with student responses to test items. 4, On or about February 28, 2017, Respondent administered the writing portion of the FSA to a group of sixth and seventh grade Exceptional Student Education (ESE) and 504 students. During the test administration, Respondent violated the aforementioned agreements by teading test items to students, reading and commenting on students’ responses to test items and providing students with assistance in understanding test items, suggesting areas where students might do better or should review their responses. 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 physica! health and/or safety. (SIGNATURE ON FOLLOWING PAGE) MATTHEW RICHARDSON 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 1 ¢* day of_(Y\arclh _, 2018. Ady team PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-005315PL
Issue Date Proceedings
Nov. 20, 2018 Order Granting Petitioner's Motion for Leave to Amend Administrative Complaint and Joint Motion to Relinquish Jurisdiction. CASE CLOSED.
Nov. 14, 2018 Petitioner's Unopposed Motion for Leave to Amend Administrative Complaint and Joint Motion to Relinquish Jurisdiction to the Education Practices Commission filed.
Nov. 07, 2018 Petitioner's (Proposed) Exhibit List filed.
Nov. 07, 2018 Petitioner's Witness List filed.
Oct. 17, 2018 Order of Pre-hearing Instructions.
Oct. 17, 2018 Notice of Hearing by Video Teleconference (hearing set for December 5, 2018; 9:30 a.m.; Altamonte Springs and Tallahassee, FL).
Oct. 15, 2018 Certificate of Service of Discovery filed.
Oct. 15, 2018 Petitioner's Response to Initial Order filed.
Oct. 05, 2018 Initial Order.
Oct. 04, 2018 Request for Administrative Hearing filed.
Oct. 04, 2018 Administrative Complaint filed.
Oct. 04, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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