Ethics in Education Act

1
Ethics in Education Act

• Florida Department of Education Office of
  Professional Practices Services

2
Adams v. State Professional Practices Council
(FL 1st DCA, 1981)

• By virtue of their leadership capacity,
  teachers are traditionally held to a high moral
  standard in a community.

3
Whats New

• Establish Ethical Standards for Instructional
  Personnel and School Administrators
• Establish duty of Instructional Personnel and
  School Administrators to report misconduct of
  Instructional Personnel or School Administrators
• Prohibit Confidentially Agreements
• Require employment history checks
• Establish Disqualifying Offenses
• Re-assignment during investigations
• Reporting of Abuse and Misconduct

4
Ethical Standards

• 1001.42 and 1012.796(1)(d).
• District policies must, at a minimum
• establish ethical standards for instructional
  personnel and school administrators, and the duty
  to uphold the standards
• require instructional personnel or school
  administrators to complete training on the
  standards
• establish the duty of instructional personnel and
  school administrators to report alleged
  misconduct of instructional personnel or school
  administrators
• establish the detailed procedures for reporting

5
Reporting Procedures

• Designate to whom instructional staff and school
  administrators report misconduct
• Inform staff of penalties for the failure to
  report
• Explanation of the liability protections pursuant
  to 39.203 or 768.095, Florida Statutes

6
Confidentiality AgreementsProhibited

• prohibit confidentiality agreements regarding
  instructional personnel or school administrators
  who are
• terminated
• dismissed
• allowed to resign in lieu of termination
• based in whole or in part on misconduct that
  affects the health, safety or welfare of a
  student
• Any part of an agreement or contract that has
  the purpose or effect of concealing misconduct
  which affects the health, safety or welfare of a
  student is void

7
Employment History Checks

• Prior to employment of school administrators or
  instructional personnel which require direct
  student contact an employer should
• Review for certificate action through the
  Disciplinary Action web page
• Review certificate information and any flags
  through the Bureau of Educator Certification
• Conduct reference checks from previous employer
• and
• Document the findings

8
Disqualifying Offenses

• 1012.315, Florida Statutes
• 45 felony crimes
• 2 misdemeanor crimes
• Similar federal or other state offenses
• Registered Juvenile Sex Offenders
• -----------------------
• Conviction
• Regardless of date of offense or conviction

9
Reassignment

• Allegation of misconduct by Instructional
  Personnel or School Administrator
• Affects the Health, Safety or Welfare of a
  student
• Superintendent in consult with principal must
• Immediately suspend, with pay, the Instructional
  Personnel or School Administrator from regularly
  assigned duties to position that does not require
  direct student contact
• Until completion of the proceedings

10
Reporting Abuse or Misconduct

• Post in a prominent place at each school site and
  on each schools web page
• Policies and Procedures for reporting misconduct
  by Instructional Personnel and School
  Administrators which affects the health, safety
  or welfare of a student
• The contact person to whom the report is made
• Penalties imposed for failure to report

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Reporting Known or Suspected Abuse and Neglect

• Public and Private school employees are mandated
  reporters and have a legal obligation to report
  known or suspected child abuse or neglect to the
  Department of Children and Families. Chapter
  39.201 Florida Statutes
• To make a report call
• 1-800-96-ABUSE

12
Reporting Educator Misconduct

• All employees and agents of Florida public
  schools, charter schools and private schools that
  accept scholarship students have an affirmative
  duty to report educator misconduct.

13
If you are charged with investigating
misconduct -Ensure student safety -Take
all allegations seriously
14
DO

• Act Immediately
• Take photographs of the scene or event
• Secure physical evidence
• Compile a list of potential witnesses
• Record known information about the event
• Remain objective
• Determine if law enforcement or DCF needs to be
  called

15
DO NOT

• Assume anything
• Ignore the complaint
• Gossip
• Be defensive
• Threaten a victim or witness
• Fail to maintain records
• Act with prejudice to a personal relationship

16
Important items

• Photographs / Videos
• Letters / Cards / Gifts
• Seating Charts / Class Rosters
• Attendance Records
• Computer evidence / Emails
• Text Messages
• Personnel Records

17
Common Types of Allegations

• Boundary Violations
• Sexual Misconduct
• Inappropriate Comments
• Inappropriate Discipline
• Misappropriation of School Funds
• Criminal Charges
• Alcohol or Drug Abuse
• Fraudulent Information/ Credentials
• Standardized Testing Violations
• Incompetence

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Criminal Charges

• Shall self-report within 48 hours to
  appropriate authoritiesany arrests/charges or
  incidents involving the abuse of a child or the
  sale and/or possession of a controlled
  substanceconviction of finding of guilt,
  withholding of adjudication, commitment to a
  pretrial diversion program

State Board of Education Rule 6B-1.006(5)(m) www.
myfloridateacher.com
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Sexual Misconduct with StudentsDont think it
doesnt happen

• Overly friendly or familiar contact with students
• Colloquial conversations with students
• Preferential treatment toward a student
• Phone calls, letters, cards, gifts, emails, text
  or instant messages
• Sitting in a car alone with a student
• Meeting a student outside of school
• Allowing unaccompanied students to visit their
  home
• Accepting or offering gifts or favors

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CautionSlippery Slope

• Frequently issuing passes to a particular student
  
• Taking a student to a restaurant
• Giving a student a ride home
• Sitting alone with a student in a dark room
• Writing notes or letters to a student
• Meeting students before or after school
• Communicating to students via cell phone, text
  message or email
• Giving students cards or gifts

• Pronounced interest in a students home life
• Talking about other students
• Visiting a student at work
• Taking pictures of or with students
• Posting photos of students online
• Hugs and kisses
• Overly friendly pats or rubs on a student
• Using pet names
• Showing favoritism
• Allowing a student to drive a teachers personal
  vehicle

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Potential Negative Actions

• Criminal Charges
• Adverse employment action
• Adverse certificate action

22
Professional Boundaries

• Consider how your actions may be perceived by
  others
• Perceptions are often greater than reality

23
Contact Information

• Office of Professional Practices Services
• 325 West Gaines Street
• Tallahassee, Florida 32399-0400
• Telephone [phone]
• www.myfloridateacher.com