06-001501 Lori Monroe vs. Department Of Education Status: Closed Recommended Order on Wednesday, July 19, 2006.

Summary: Petitioner unsuccessfully sought to have an "invalid" score on the Florida Teacher`s Certication Examination overturned.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LORI MONROE , )

)

Petitioner , )

)

vs. ) Case No. 06 - 1501

)

DEPARTMENT OF EDUCATION , )

)

Respondent . )

)

RECOMMENDED ORDER

Pursuant to notice, the D ivision of Administrative

Hearings, by its duly - designated Administrative Law Judge,

Jeff B. Clark, held a final administrative hearing in this case

on June 6, 2006, in Orlando, Florida.

APPEARANCES

For Petitioner: Matthew J. Carson, Esquire

Department of Education

Division of Vocational Rehabilitation

325 West Gaines Street, Suite 1244

Tallahassee, Florida 32399 - 0440

For Respondent: Charlie S. Martin, Esquire

McLeod, McLeod & McLeod, P.A.

48 East Main Street

Post Office Drawer 950

Apopka, Florida 32704 - 0950

STATEMENT OF THE ISSUE

Whether Respondent, Department of Education, sho uld have

invalidated Petitioner 's , Lori Monroe, Florida Teacher

Certification Examination, for her alleged violation of a test -

taking protocol.

PRELIMINARY STATEMENT

Petitioner sat for the Florida Teacher Certification

Examination on March 4, 2006, at the University of Central

Florida, in Oviedo, Florida. By letter dated March 20, 2006,

Respondent advised Petitioner that she had been assigned a n

"invalid" score for "completing the answer sheet for the

Elementary Education K - 6 examination after time was cal led for

that examination." By letter dated March 29, 2006, Petitioner

requested an administrative hearing.

On April 25, 2006, Respondent forwarded the case to the

Division of Administrative Hearings. The following day,

April 26, 2006, an Initial Order w as forwarded to both parties.

On May 9, 2006, the case was scheduled for a final hearing to be

held in Orlando, Florida, on June 6, 2006.

The case was heard as scheduled. Petitioner testified on

her own behalf. Respondent offered the testimony of three

witnesses: Barbara Sherwood, Raymond Hefele, and Renee Luallen.

Witnesses Sherwood and Hefele were administrators of the

particular test in question; Ms. Luallen is the coordinator of

Educational and Training Practices for Respondent. Respondent

offered nine exhibits that were admitted into evidence and

marked Respondent's Exhibits 1 through 9.

The T ranscript of the final hearing was filed with the

Division of Administrative Hearings on July 12, 2006. On the

agreement of the parties, the date for filing proposed

recommended orders was extended. Both parties filed Proposed

Recommended Orders which were considered by the undersigned.

FINDINGS OF FACT

Based on the oral and documentary evidence presented at the

final hearing, the following findings of fact a re made:

1. Petitioner is seeking to be certified as a teacher.

She submitted appropriate application and sat for the March 4,

2006 , Florida Teacher Certification Exam ination .

2. Respondent is the state agency responsible for

certifying teachers in the State of Florida and conducts the

Florida Teacher Certification Exam ination s.

3. The Florida Teacher Certification Exam ination s are

given four times per year in various location s around the state.

4. Because of the frequency and volume of Florida Teacher

Certification Exam ination s, 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 referenc e to the fact that the examinee "must follow

the instructions of the test administration personnel , " a nd, "If

I do anything prohibited by this paragraph, my examination

results will be voided."

5. In addition, examinees are provided an information

sheet i dentifying "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 g iven by a room proctor or supervisor."

6. Included in the referenced refinements in testing

procedures are instructions contained in a Test Administration

Manual provided to test room supervisors and proctors that

e nsure the appropriate administration of the tests.

7. 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

supervi sor and proctor, both of whom were experienced test

administrators, followed the appropriate procedures.

8. 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 P etitioner 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.

9. It is unfortunate that th e 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.

10. 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 passin g

score on the Elementary Education K - 6 examination.

CONCLUSIONS OF LAW

11. The Division of Administrative Hearings has

jurisdiction of the parties to and subject matter of this

proceeding . § 120.57, Fla. Stat. (2005).

12. Respondent is responsible for certifying teachers in

Florida and conducts c ertification e xaminations for Florida

e ducators. § 1012.56, Fla. Stat. (2005).

13. Respondent has adopted Florida Administrative Code

Rule 6A - 4.0021 to implement the foregoing statutory provisions.

The rule p rovides, in pertinent part, as follows:

(1) Scope. This rule governs the written

examination s for teacher certification.

Additional requirements for certification

are specified in Chapter 6A - 4, F . A . C.

(2) Description of the examination s and

compet encies to be demonstrated.

(a) The Florida Teacher Certification

Examination shall be developed by the

Commissioner of Education.

(b) The written examination s shall

include subtests of reading, writing,

mathematics, professional skills, and

subject area specialty. These examinations

may contain multiple choice questions and

questions requiring the examinee to write an

answer or demonstrate a proficiency.

* * *

(3) Administration of the examination s .

(a) The examination s shall be

a dministered by a test administration agency

or agencies under contract with the Florida

Department of Education.

(b) The examination shall be administered

at least four (4) times each year. The

Commissioner of Education shall establish

examination s dates each year which may

include supplemental test administrations.

The Commissioner of Education shall

designate the registration deadlines,

administration sites, and examinations

available for the supplemental

administrations.

* * *

(c) T he examination shall be administered

at centers designated by the Commissioner of

Education.

* * *

(11) Score reports for the reading,

writing, mathematics, professional skills,

and subject area examinations .

(a) A properly authenticated score report

is defined as the original score report

issued directly by the test administration

agency without any qualification,

reservation, or irregularity.

14. In the instant case, Petitioner did not receive a

"properly authenticated score report," a s that term is used in

Florida Administrative Code Rule 6A - 4.0021, because there had

been an "irregularity" reported. The "irregularity" involved

her alleged "cheating" on the examination by continuing to work

on the examination after the testing time had elapsed, and a

directive to stop working had been given.

15. As an examinee, Petitioner bears the burden of proof

that she did not violate the particular test protocol as alleged

by Respondent. Department of Transportation v . J.W.C. Company,

Inc. , 396 S o. 2d 778 (Fla. 1st DCA 1981).

16. Petitioner has failed to meet the burden of proof.

The evidence is persuasive that she continued to enter answers

on her answer sheet after the test time had elapsed and

instructions to stop had been give n .

RECOMMENDA TION

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 te st.

DONE AND ENTERED this 1 9 th 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 1 9 th 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 Abbot t, 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

Ta llahassee, Florida 32399 - 0400

Daniel J. Woodring, General Counsel

Department of Education

Turlington Building, Suite 1244

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.