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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs BINNIA M. HARRIS, 19-001510PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-001510PL Visitors: 11
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: BINNIA M. HARRIS
Judges: J. BRUCE CULPEPPER
Agency: Department of Education
Locations: Tampa, Florida
Filed: Mar. 19, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 15, 2019.

Latest Update: Oct. 03, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 178-2293 BINNIA M. HARRIS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against BINNIA M. HARRIS. 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 1299413, covering the area of World Language — Spanish, which is valid through June 30, 2022. 2. At all times pertinent hereto, the Respondent was employed as a Bilingual Paraprofessional at Wimauma Elementary School in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. On or about July 17, 2017, Respondent took the Florida Teacher Certification Exam (FTCE), General Knowledge Essay Exam. The essay provided by Respondent on the essay exam was similar in topic, sentence structure and organization to the essays of at least two other individuals. The similarity of the essays is so close that a word for word comparison can be made in many sections of the essays. Respondent either provided an essay that was created prior to testing by the same source that created the essays of the two other individuals or Respondent provided her essay to the two other test takers. BINNIA M. HARRIS Administrative Complaint Page 2 of 3 4. Respondent’s conduct violated testing rules. Respondent acknowledged the rules in writing and in doing so agreed to the following: lunderstand that all of the examination materials are the sole property of the Florida Department of Education and that I am not permitted to take any of the examination materials from the examination site or to reproduce the materials in whole or part by any method. I understand that J am not permitted to provide others with any part of questions, answers, responses, or prompts from the examination at any time, whether before, during or after the test, whether obtained or distributed by physical means or by memory. (Emphasis supplied). I understand that any essay I write must be an original essay composed and organized by me on the test day in direct and complete response to a topic. I understand that my test score may be invalidated if the raters discover during the scoring session that my essay shows evidence of preparation before examination, with similar sentence structure, diction, organization, and/or content to other essays. 5. Respondent’s violation of testing rules constitutes cheating and dishonesty. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. 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)(c)1, Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) BINNIA M. HARRIS 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 2.3% day of A\ugus + , 2018. Ady Leccarf PAM STEWART, as - Commissioner of Education State of Florida

Docket for Case No: 19-001510PL
Issue Date Proceedings
Jul. 15, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 11, 2019 Notice of Voluntary Dismissal filed.
Jun. 17, 2019 Notice of Hearing (hearing set for September 12, 2019; 9:30 a.m.; Tampa, FL).
Jun. 14, 2019 Joint Motion to Reopen File and Schedule Final Hearing filed.
May 08, 2019 Order Granting Continuance (parties to advise status by June 14, 2019).
May 06, 2019 Joint Motion to Hold Case in Abeyance, or in the alternative, Motion to Continue filed.
Mar. 29, 2019 Order of Pre-hearing Instructions.
Mar. 29, 2019 Notice of Hearing (hearing set for May 23, 2019; 9:30 a.m.; Tampa, FL).
Mar. 20, 2019 Certificate of Service of Discovery filed.
Mar. 20, 2019 Joint Response to Initial Order filed.
Mar. 19, 2019 Election of Rights filed.
Mar. 19, 2019 Initial Order.
Mar. 19, 2019 Notice of Appearance (Richard Asselta).
Mar. 19, 2019 Administrative Complaint filed.
Mar. 19, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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