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 At issue in this proceeding is whether Respondent committed the offenses set forth in the Administrative Complaint dated April 4, 2000, and, if so, what disciplinary action should be taken against her.
Findings Of Fact At all times material hereto, the Commissioner is responsible for providing public, primary, secondary, and adult education teaching certificates in the State of Florida. At all times material hereto, Mitchell was employed by the Miami-Dade County School Board and was a teaching instructor assigned to Barbara Goleman Senior High School (BGSHS). At all times material to this case, an examination known as the High School Competency Test (HSCT) was required for students to qualify for a regular high school diploma pursuant to Section 229.57(3)(c), Florida Statutes. The HSCT is a secured test within the meaning of Section 228.301, Florida Statutes. That section provides, in pertinent part, that it is unlawful for anyone to knowingly and willfully violate test security rules adopted by the State's Board of Education for mandatory tests administered by school districts pursuant to Section 229.57, Florida Statutes. It is also unlawful to copy, reproduce, or use any portion of any secured test booklet in any manner inconsistent with test security rules. Id. A violation of Section 228.301, Florida Statutes, is a misdemeanor of the first degree, punishable by a fine of not more than $1,000 or imprisonment for not more than 90 days, or both. The Department of Education has adopted Rule 6A-10.042, Florida Administrative Code, which requires, inter alia, that tests implemented in accordance with the requirements of Section 229.57, Florida Statutes, be maintained and administered in a secure manner such that the integrity of the test shall be preserved and that tests or individual test questions shall not be revealed, copied, or otherwise reproduced by persons who are involved in the administration, proctoring, or scoring of any test. On Saturday, October 4, 1997, Mitchell was one of the teachers proctoring the HSCT at BGSHS. On that date, while the communications portion of the HSCT was being administered, Mitchell unlawfully gained access to the mathematics portion of the examination, which was to have been administered at a later date. Shortly thereafter, and before the mathematics portion of the HSCT was to be administered, Mitchell sent an e-mail message to four out of approximately ten fellow BGSHS math teachers, advising them that they would find a "blue gift" in their respective school mail boxes. Each of these instructors, unlike those who did not receive a "blue gift," were friendly with Mitchell, and ate lunch with her on a regular basis. Thereafter, Mitchell in fact provided a blue disk to each of the four teachers to whom the e-mail was directed. On each disk were many of the actual HSCT mathematics questions unlawfully obtained by Mitchell. The first of the teachers to review the contents of the "blue gift" immediately suspected that Mitchell had engaged in a criminal violation of test security law, and reported her suspicions to BGSHS' principal. Following investigations by appropriate authorities and the panoply of due process protections appropriate to each forum, Mitchell was convicted on the misdemeanor charge of having knowingly and willfully breached the security of the HSCT, and her employment as a Miami-Dade County school teacher was terminated. The criminal case, State of Florida v. Margaret Mitchell, Case Number 04586-W, was tried to a jury before Honorable Caryn Canner Schwartz in the County Court in and for Miami-Dade County, Florida, in June 1999. On June 28, 1999, following a week-long trial, the jury returned a verdict of guilty against Mitchell for her violation of Section 228.301, Florida Statutes. Mitchell does not dispute that the foregoing criminal and administrative proceedings were conducted, and that the charges against her in each case were sustained. Mitchell did not seek appellate relief with respect to either proceeding. Mitchell maintains here, as in both of the previous proceedings, that she did not intend to violate test security procedures. She claims that she innocently copied and distributed what she thought was an authorized practice test. Mitchell did not offer her innocent mistake defense to anyone until two months after her crime was revealed. Mitchell's claims of innocence are inconsistent with her conduct and demeanor when she was first confronted with the allegations against her, as well as the known facts and circumstances surrounding the HSCT security breach. In addition, Mitchell's testimony at final hearing in this proceeding with respect to her innocent mistake defense is unworthy of belief. Mitchell's demeanor while testifying was deceptive, and her testimony was inconsistent with the known facts and circumstances surrounding the HSCT security breach. At Mitchell's criminal sentencing, Judge Schwartz noted that the jury's guilty verdict was supported by evidence which was "overwhelming" and assessed a fine of $1,000, court costs, and ordered Mitchell to serve 90 days house arrest and six months probation. On February 10, 1999, the Miami-Dade County School Board initiated dismissal proceedings against Mitchell and, on December 28, 1999, Administrative Law Judge William J. Kendrick sustained the dismissal. In his Recommended Order, Judge Kendrick concluded, in pertinent part: Here, it should not be subject to debate that Respondent’s act of knowingly and willfully reproducing the mathematics portion of the 1997 HSCT and providing copies of that test to her fellow teachers constituted an act of immorality and misconduct in office; that such conduct was sufficiently notorious to bring Respondent into public disgrace or disrespect and impair her service in the community; and that such conduct was so serious as to impair her effectiveness in the school system. It should also not be subject to debate that, upon conviction of the crime for breach of test security, Respondent, as an educator, was also shown to have been convicted of a crime involving moral turpitude. (P.4 at 10-11.)
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered revoking the teaching certificate of the Respondent. DONE AND ENTERED this 5th day of March, 2001, in Tallahassee, Leon County, Florida. FLORENCE SNYDER RIVAS 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 5th day of March, 2001. COPIES FURNISHED: Lisa N. Pearson, Esquire United Teachers of Dade 2929 Southwest Third Avenue Coral Way Miami, Florida 33129 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Charles T. Whitelock, Esquire Whitelock & Associates, P.A. 300 Southeast 13th Street Fort Lauderdale, Florida 33316 Jerry W. Whittier, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400 James A. Robinson, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
