The Issue Whether Respondent, Department of Education, should have invalidated Petitioner's, Lori Monroe, Florida Teacher Certification Examination, for her alleged violation of a test- taking protocol.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made: Petitioner is seeking to be certified as a teacher. She submitted appropriate application and sat for the March 4, 2006, Florida Teacher Certification Examination. Respondent is the state agency responsible for certifying teachers in the State of Florida and conducts the Florida Teacher Certification Examinations. The Florida Teacher Certification Examinations are given four times per year in various locations around the state. Because of the frequency and volume of Florida Teacher Certification Examinations, the application process and information regarding testing procedures are refined. The preliminary information provided examinees includes a statement of understanding, written in the first person, which makes specific reference to the fact that the examinee "must follow the instructions of the test administration personnel," and, "If I do anything prohibited by this paragraph, my examination results will be voided." In addition, examinees are provided an information sheet identifying "cheating behaviors." Included in the list of "cheating behaviors" is the following: "During the examination administration, continuing to work on the examination after the testing time had elapsed, and the directive to stop working has been given by a room proctor or supervisor." Included in the referenced refinements in testing procedures are instructions contained in a Test Administration Manual provided to test room supervisors and proctors that ensure the appropriate administration of the tests. The Test Administration Manual specifically delineates the procedure to be followed upon observation by a room supervisor or proctor when "an examinee continues to work on the test when time is called." In the instant case, the room supervisor and proctor, both of whom were experienced test administrators, followed the appropriate procedures. Both the room supervisor and proctor were within several feet of Petitioner who was sitting in the front-row seat of the classroom. Not only was Petitioner within easy view, but, certainly close enough to clearly hear the general instructions to stop. They observed Petitioner continue to enter answers on her answer sheet after examinees had been told to stop two times. It is unfortunate that the particular conduct of the Petitioner is characterized as "cheating," as the evidence, including the observations of the room supervisor and proctor, portrays Petitioner as being so focused on the examination that she did not hear the instruction to stop and, unfortunately, continued to answer questions after the test had concluded. Respondent advised Petitioner by letter dated March 20, 2006, that she had been assigned a score of "invalid" and that she had not fulfilled the requirement for a passing score on the Elementary Education K-6 examination.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Education enter a final order concluding that an irregularity had occurred and that "invalid" was the appropriate test score for the subject test. DONE AND ENTERED this 19th day of July, 2006, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of July, 2006. COPIES FURNISHED: Matthew J. Carson, Esquire Department of Education Division of Vocational Rehabilitation 325 West Gaines Street, Suite 1244 Tallahassee, Florida 32399-0440 Charlie S. Martin, Esquire McLeod, McLeod & McLeod, P.A. 48 East Main Street Post Office Drawer 950 Apopka, Florida 32704-0950 Lynn Abbott, Agency Clerk Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Honorable John Winn Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Daniel J. Woodring, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether just cause exists for Petitioner to suspend without pay and terminate Respondent's employment.
Findings Of Fact Background The School Board is a duly-constituted school board charged with the duty to operate, control, and supervise the public schools within Miami-Dade County, Florida. Respondent began working for the School Board in August 2001. At all times material to this case, Respondent has been employed as a special education teacher at Homestead Senior High School, a public school in Miami-Dade County, Florida. Respondent teaches students with autism spectrum disorder. At all times material to this case, Respondent's employment with the School Board has been governed by Florida law, the School Board's policies, and the collective bargaining agreement ("CBA") between the School Board and the United Teachers of Dade ("UTD"). The Florida Alternative Assessment The School Board's first allegation against Respondent involves the Florida Alternative Assessment ("FAA"). The School Board alleges that Respondent is subject to suspension and termination because of "testing [ir]regularities involving Respondent and the Florida Alternative Assessment." As factual support of this contention, the School Board alleges in paragraph 11 of the Amended Notice of Specific Charges that "Respondent did not follow proper testing procedures since the testing booklets were submitted in blank." The FAA is the standardized test given to students with very significant cognitive disabilities, who are incapable of taking the "FCAT" standardized test or the Florida standards testing given by the school to regular education students. The scoring on the FAA is very different from traditional standardized tests. The test is divided into 20 items. Within each item, there are three separate questions. Depending on the students' performance, they may not be exposed to all of the questions. Whether or not a student has access to all three of the questions within an item depends upon whether the student correctly answers the previous question. For example, if a student correctly answers question one of item one, that student would then proceed to question two of item one. If the student answers question two correctly, the student would then proceed to question three of item one. The FAA can be administered over a number of days or weeks. The test must be completed, however, within a five-week testing period. In administering the test to students, the questions on the FAA are verbally read by the teacher to the student. The teacher gives a verbal prompt, and the student verbally responds with an answer. There is one correct answer out of three possible responses. After a student provides the teacher with a verbal answer to the question, the teacher should mark the student's answer in the test booklet. The student does not mark in the test booklet. Outside of the testing situation, the teacher should then transfer the scores from the test booklet into a separate student answer sheet, which is a "bubble sheet." Although a teacher's marking of students' answers to the questions on the test booklet is recommended, it is not mandatory. No test booklets involving Respondent's administration of the FAA to his students were offered into evidence. The evidence adduced at hearing does not establish that Respondent engaged in testing irregularities by submitting FAA test booklets in blank. In sum, the evidence at hearing fails to show that Respondent's conduct with regard to the submission of FAA test booklets constitutes misconduct in office, gross insubordination, or a violation of School Board policies. At hearing, the School Board did not argue that Respondent committed testing irregularities by submitting test booklets in blank. Rather, the School Board argued that Respondent committed testing irregularities because some students had identical responses to questions on the "bubble sheets." Despite the discussion at the hearing regarding the purported identical answers of some students on the "bubble sheets," that factual contention was not pled as a basis for Respondent's suspension and termination, and the School Board never sought to amend its Amended Notice of Specific Charges to assert this factual contention. Allegations Involving P.Z. The School Board alleges in paragraph 14 of the Amended Notice of Specific Charges that Respondent is subject to suspension and termination because he "held a student with his arm behind his back and allowed other students to hit him." At hearing, Respondent denied the allegation. At hearing, the School Board presented the testimony of P.Z., the alleged student victim. Without objection, P.Z. was accompanied by his mother at the hearing. P.Z. was a 10th-grade special education student in Respondent's class on the date of the alleged incident. P.Z. is a 15-year-old student with autism spectrum disorder. P.Z. has cognitive impairments which impact his ability to comprehend events and communicate with others. At hearing, the following exchange between the undersigned and P.Z. occurred after P.Z. was placed under oath by the court reporter at the hearing: THE ADMINISTRATIVE LAW JUDGE: Do you understand the difference between telling the truth and what would be considered a lie? Do you understand the difference? THE WITNESS: Sometimes I can't tell what the difference is of the truth or a lie. At hearing, counsel for the School Board asked questions of P.Z. with regard to the alleged incident, as follows: Q: P., I'm going to ask you about something that happened at the beginning of this school year. Do you remember getting into trouble with Mr. Adams. A: Yeah, kind of. Q: Can you tell me--do you remember why you got into trouble with Mr. Adams? A: Yeah. It was for many reasons. Well, the last time, the last one, was when he twisted my arm on my back like a military guy, and let everyone hit me to this shoulder where I hit the student. Sometimes he--and not only me, it's other kids who do that, twisting my arm on the military thing. And when the misbehaved student cries, Mr. Adams and Ms. Poser just laugh. Q: And that happened to you because you got into trouble for hitting another kid? A: Yeah, I got in trouble for many different reasons sometimes. Q: But that last time was because you had hit another student? A: Yes. MS. MARKEN: Your Honor, if I could have one moment. Judge, I don't have any other questions. On cross-examination, P.Z. testified, however, as follows: Q: I do lead you to the bathroom or accompany you. But P., let me ask you, when I told you to come apologize, did I twist your arm or did I take you by your hand? MS. MARKEN: Objection, asked and answered. THE ADMINISTRATIVE LAW JUDGE: Overruled. THE WITNESS: I don't think you twisted it. It's hard to remember. MR. ADAMS: Judge, I have no more questions. THE WITNESS: It's hard to remember after you left. Because he had to make me do my work, and you even made me cry once. And you just left. MS. MARKEN: One moment, Judge. THE ADMINISTRATIVE LAW JUDGE: Okay, P., you answered the questions. MS. MARKEN: No further questions, Judge. At hearing, P.Z. was happy to see Respondent, and they exchanged pleasantries following P.Z.'s testimony. As he was leaving the hearing room following his testimony, P.Z. told Respondent: "Bye. I hope I see you again." At hearing, no witnesses other than Respondent and P.Z. testified regarding the alleged incident. At hearing, the undersigned had the opportunity to observe the testimony and demeanor of both P.Z. and Respondent. The testimony of Respondent is credited and is more persuasive than the testimony of P.Z., which is not credited or persuasive. The evidence does not establish that Respondent held a student with his arm behind his back and allowed other students to hit him as alleged in the Amended Notice of Specific Charges. In sum, the evidence at hearing fails to show that Respondent's conduct with regard to the incident in the classroom involving P.Z. constitutes misconduct in office, gross insubordination, or a violation of School Board policies.3/ Allegations Involving Respondent's Teaching Certificate Finally, the School Board alleges in paragraph 22 of the Amended Notice of Specific Charges that Respondent is subject to suspension and termination because his teaching certificate was suspended on February 17, 2015, until further notice, making Respondent ineligible for employment as a teacher with the School Board. After the School Board suspended Respondent and initiated dismissal proceedings, the Education Practices Commission notified the School Board on February 17, 2015, that Respondent's teaching certificate had been suspended, until further notice, for failure to pay child support. The evidence presented at hearing establishes that Respondent's teaching certificate was suspended by the Florida Department of Education on February 17, 2015. On March 30, 2015, Respondent received a letter from the Florida Department of Revenue, Child Support Enforcement ("DOR"), indicating that DOR directed the Department of Education to reinstate Respondent's certificate because Respondent was paying child support as agreed or ordered by the circuit court, or he was otherwise entitled to have his certificate reinstated. Following the hearing, the School Board filed its post- hearing Exhibit 30 (mis-numbered by the School Board as Exhibit 29), which consists of a letter from the Department of Education. The letter from the Department of Education was directed to Respondent and is dated June 17, 2015. The letter indicates that Respondent's teaching certificate is reinstated because the "Department of Revenue (DOR) has directed our office to reinstate your certificate because you are paying child support as agreed or ordered, or are otherwise entitled based on DOR's findings." The evidence establishes that Respondent's teaching certificate was suspended from February 17, 2015, until June 17, 2015. In sum, the evidence fails to show that the suspension of Respondent's teaching certificate from February 17, 2015, until June 17, 2015, constitutes misconduct in office, gross insubordination, or a violation of School Board policies justifying his suspension since October 7, 2014, and termination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Miami-Dade County School Board enter a final order rescinding the proposed termination and suspension, and provide Respondent with back pay, except for the period of February 17, 2015, to June 17, 2015. DONE AND ENTERED this 4th day of September, 2015, in Tallahassee, Leon County, Florida. S DARREN A. SCHWARTZ Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of September, 2015.
The Issue Whether Respondent, Peter W. Newton, violated Pinellas County School Board Policies 8.25(1)(k), (v), and (x), the Code of Ethics and Principles of Professional Conduct of the Education Profession in Florida, and, if so, what discipline should be imposed by Petitioner, Pinellas County School Board.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made: Petitioner operates, controls, and supervises the free public schools of Pinellas County, Florida. It has entered into individual and collective agreements with the teachers it employs and publishes policies that control the activities of its teaching professionals. Respondent is employed by Petitioner as a teacher of emotionally handicapped third graders at Skycrest Elementary School and has been employed by Petitioner as a teacher of emotionally handicapped children for six years. Petitioner assesses student and instructional performance utilizing the Pinellas Instructional Assessment Portfolio which consists of two tests: the Parallel Reading- Florida Comprehensive Assessment Test and the Parallel Math- Florida Comprehensive Assessment Test. These tests test students on the Sunshine State Standards which are the Florida Department of Education Standards for student achievement in Florida public schools. These tests are given three times during each school year. Emotionally handicapped students are required to take the Parallel Reading-Florida Comprehensive Assessment Test and the Parallel Math-Florida Comprehensive Assessment Test. Published rules govern teacher conduct in administering these tests. Teachers can only make general statements of encouragement to students. A teacher cannot read any portion of the tests to the students nor can a teacher provide input or comment on a student's answers or failure to answer. The Florida Comprehensive Assessment Test is a state- wide assessment test given to particular grades annually. The Florida Department of Education has mandated that third grade students achieve a passing score on the Florida Comprehensive Assessment Test be allowed to progress into the fourth grade. It is suggested that, in addition to the student and instructional assessment function, the district-wide Parallel Reading-Florida Comprehensive Assessment and Parallel Math- Florida Comprehensive Assessment Tests prepare students for the state-wide Florida Comprehensive Assessment Test. Respondent acknowledged understanding the published rules prohibiting providing assistance to his students while they took the Parallel Reading-Florida Comprehensive Assessment Test. He also acknowledged assisting his students during the December 2002 test in ways prohibited by those same rules. Two full school days are dedicated to each portion of the test. Over the course of the test week, Respondent gave prohibited assistance to each of his nine emotionally handicapped students. Some of Respondent's students were apparently overwhelmed by the test and did not make a sincere effort. After examining their test booklets, he encouraged these students to go back and to continue trying. He examined answers to multiple-choice questions and sent students back to work harder on an answer, indicating by inference that the given answer to a particular question was incorrect. He read words and phrases to students, sounded out words, and pointed out sections of the text in which an answer could be found. While it does not appear that Respondent actually gave any student the correct answer to a question, he certainly directed students to answers. Respondent acknowledged the inappropriateness of his conduct but offered the excuse that he was trying to give his students the confidence of believing in themselves, that they could make passing scores on the Florida Comprehensive Assessment Test and advance to the fourth grade. Respondent's admittedly inappropriate conduct does not appear to be motivated by anything other than a misguided attempt to help his students by instilling the confidence that would necessarily result from the belief that they had done well on the test.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, and being mindful that Petitioner, as stated in its Policy 8.25, Disciplinary Guidelines for Employees, "follows a system of progressive discipline," and giving full consideration to the apparent misguided motivation of Respondent, it is RECOMMENDED that Petitioner reprimand Respondent for his conduct and suspend him without pay from February 25, 2003, through the end of the 2002-2003 school year. DONE AND ENTERED this 19th day of August, 2003, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of August, 2003. COPIES FURNISHED: Mark Herdman, Esquire Herdman & Sakellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34684 Jacqueline M. Spoto Bircher, Esquire School Board of Pinellas County 301 Fourth Street, Southwest Post Office Box 2942 Largo, Florida 33779-2942 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street, Room 1244 Tallahassee, Florida 32399-0400 Honorable Jim Horne Commissioner of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Dr. J. Howard Hinesley, Superintendent Pinellas County School Board 301 Fourth Street, Southwest Largo, Florida 33770-3536
