Teacher gets a 'last chance,' suspension for test violation

BROOKSVILLE -- School district officials have concluded that a Moton Elementary School teacher told three students to look more closely at their answers during an FCAT math test last month and, in one of those cases, told a boy to redo a problem.

At the same time, officials concluded that the teacher's actions were unintentional and that students weren't directly given answers, according to a report on the incident by School Board attorney Karen Gaffney, who led the district's investigation.

For those reasons and because officials say the teacher, Carolyn M. Sunderland, had nothing to gain from breaking the rules, she was not fired, said superintendent Wendy Tellone. Sunderland could return to the classroom as soon as Wednesday.

In exchange for keeping her job, Sunderland will get a 10-day suspension without pay (eight days of which have already been served) and be placed on probation for a year.

She must also comply with a "last chance" agreement that requires her to steer clear of further testing or policy violations.

Under the agreement, Sunderland could still be fired if the Department of Education acts against her certificate or if convicted of violating the state law on test security.

Tellone said Gaffney's findings and a summary of the actions being taken against Sunderland are being forwarded to the State Attorney's Office and the education department.

The School Board will be asked to approve the punishment for Sunderland at its meeting Tuesday night. However, school boards have very little legal wiggle room when it comes to a superintendent's personnel recommendations.

Sunderland, 58, has declined previous requests for comment. A woman who answered the phone at Sunderland's home Friday said Sunderland was not available.

According to Gaffney's report, Sunderland admitted during the investigation that she made improper comments to two students during a math exam that is used to measure how students stack up against their peers nationwide.

In one case, Sunderland told a girl to "look at the one with the circle graph and start from there." In another, she told a boy to "think about what he was doing on the aquarium question and to redo the problem and recheck it."

Another student said Sunderland told her to "look at number 24," according to the report. But Sunderland told Gaffney she could not recall making that particular comment.

State test security laws say it is unlawful for a teacher to "knowingly and willfully . . . coach examinees during testing or alter or interfere with examinees' responses in any way."

Violations are a first degree misdemeanor punishable by up to 90 days in jail, a $1,000 fine or both.

Tellone said Sunderland was well aware of the law and the State Board of Education rules against aiding children during standardized tests. Gaffney's report even said Sunderland was remorseful.

"I think it was unfortunate. I think it was a teacher who was very sincere and genuine in intent and did not mean to do anything wrong," Tellone said. "I think it was a situation where she got caught up in her normal approach to assisting students during her class work and probably teacher testing, to a certain extent."

The violation was first reported to the school by a parent, officials said.

School district officials say this is the first case in Hernando County where a teacher has been accused of test security violations. Other districts around the state have had violations occur, including in Pinellas and Hillsborough counties.

Tellone said in cases where teachers were fired, the violations involved changing student answers, providing answers directly or assisting an entire class. In those instances, class performance would be improved in ways that teachers clearly benefited, according to Gaffney's report.

Arrests and criminal convictions for test violations -- if there have been any -- are extremely rare in Florida, according to school district officials and the State Attorney's office in Hernando County.

Although the Florida Comprehensive Assessment Test has become the instrument that defines education in Florida, the portion of the FCAT involved in Sunderland's case is not part of the state's high-stakes system of school grades that produce cash rewards for schools and, frequently, to teachers in the form of bonuses.

Sunderland was accused of violating the FCAT norm referenced test, which was given the same week in mid-March as the high-stakes FCAT. Instead of determining Florida school grades, the norm referenced test is used for national comparisons. It isn't tied to bonus money or merit pay, according to Gaffney's report.

"It's not that we consider a norm referenced (test) less than another test," Tellone said. "But when you look at how it could benefit a teacher or school, it doesn't."

Tellone said there was another proctor in the room with Sunderland who did not see the violations occur. As to how that could happen, Tellone said, "I can't answer that."

Because Sunderland has agreed to avoid further test violations in the future -- and because the last chance agreement provides for her termination if another occurs -- she will be allowed to be a proctor in future exams, Tellone said.

"I think we've been fair in taking it very seriously because it is very serious," Tellone said. "But we've also been very fair to her."

-- Robert King covers education in Hernando County and can be reached at 754-6127. Send e-mail to rking@sptimes.com.

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