STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-2821 AVIVA LYNN BAKER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against AVIVA LYNN BAKER. 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 1195518, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), Exceptional Student Education (ESE) and Reading, which is valid through June 30, 2022. 2: At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Bailey Elementary School in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. On or about August 15, 2017, Respondent signed Hillsborough County’s Test Administration and Security Agreement, whereby she agreed that when administering state wide assessments, she would refrain from: a. Revealing or discussing the passages, testing items, or performance tasks; AVIVA LYNN BAKER Administrative Complaint Page 2 of 3 b. Changing or otherwise interfering with student responses to test items (such as giving answers for any test items or even providing assistance to students that would lead them to a response); c. Pre-Teaching specific test content or passages right before administration; and d. Causing achievement of schools to be inaccurately measured or reported. 4. On or about February 27, 2018, Respondent signed the Florida Department of Education’s 2017-2018 Test Administration and Security Agreement and its 2017-2018 Test Administrator Prohibited Activities Agreement, whereby she agreed that when administering state wide assessments, she would refrain from: Revealing the passages or test items; Explaining or reading test passages or test items to students; Causing achievement of schools to be inaccurately measured or reported; and Reading test items or passages. 5. Despite having signed the Hillsborough County Test Administration and Security Agreement, the Florida Department of Education’s 2017-2018 Test Administration and Security Agreement, and its 2017-2018 Test Administrator Prohibited Activities Agreement, before administering the fourth grade Florida Standards Assessment (FSA) Writing test on or about March 7, 2018, Respondent provided assistance to students, including: Boop a. Reviewing the prompt of the FSA writing test with students directly before the FSA Writing test took place.’ 6. As a result of Respondent’s conduct alleged in paragraph 5 herein, 20 students’ assessments were invalidated. 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. (SIGNATURE ON FOLLOWING PAGE) AVIVA LYNN BAKER 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 30*® day of (Yay , 2019, Le Mi-~ ~ RICHARD CORCORAN, as Commissioner of Education State of Florida

Docket for Case No: 19-005849PL