Professionalism Through Integrity

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FLORIDAEDUCATIONSTANDARDSCOMMISSION

• Professionalism Through Integrity

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OBJECTIVES

1. The Code and Principles of Professional Conduct

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OBJECTIVES

• The Code and Principles of Professional Conduct
• Understand the three essential elements of the
  Code of Ethics of the education profession in
  Florida

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OBJECTIVES

• The Code and Principles of Professional Conduct
• Understand the three essential elements of the
  Code of Ethics of the education profession in
  Florida
• Discuss obligations to the student, the public
  and the profession

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OBJECTIVES

• The System and Structure

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OBJECTIVES

• The System and Structure
• Understand the different roles of the Education
  Standards Commission, the Professional Practices
  Services and the Education Practices Commission

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OBJECTIVES

• The Process

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OBJECTIVES

• The Process
• Describe What to Expect

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OBJECTIVES

• The Process
• Describe What to Expect
• Common Sense

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OBJECTIVES

• The Process
• Describe What to Expect
• Common Sense
• List appropriate steps to take
• during interactions with students
• during record keeping and accounting while in the
  community

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OBJECTIVES

• Guidelines

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OBJECTIVES

• Guidelines
• Understand the high moral standards to which
  educators are held
  

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OBJECTIVES

• Guidelines
• Understand the high moral standards to which
  educators are held
  
• List activities that are not school-related that
  could lead to charges of ethical and conduct
  violations

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AGENCY DESCRIPTIONS

• Education Standards Commission (ESC)
• 24 educators and citizens
• Defines standards for
• teacher preparation programs
• entry-level teachers
• certification renewal

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AGENCY DESCRIPTIONS

• Education Standards Commission (ESC)
• 24 educators and citizens
• Defines standards for
• teacher preparation programs
• entry-level teachers
• certification renewal
• Education Practices Commission (EPC)
• 17 educators and citizens
• Interprets and applies standards
• Orders disciplinary actions regarding certificates

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AGENCY DESCRIPTIONS

• Education Standards Commission (ESC)
• 24 educators and citizens
• Defines standards for
• teacher preparation programs
• entry-level teachers
• certification renewal
• Education Practices Commission (EPC)
• 17 educators and citizens
• Interprets and applies standards
• Orders disciplinary actions regarding
  certificates
• Professional Practices Services (PPS)
• Investigates allegations of violations of the
  Principles and s. 1012.795, F.S. (formerly s.
  231.2615, F.S.)

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Overview of The Code Of Ethics and The
Principles of Professional Conduct of the
Education Profession in Florida
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• As of September, 1998, 198,091 individuals held a
  State of Florida Educators Certificate. What is
  the percentage of educators with adjudicated
  cases for violations of the Principles of
  Professional Conduct and other sections of
  Florida Law during the 1998-99 Fiscal Year?
• 20
• 2
• 1
• .2

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• As of September, 1998, 198,091 individuals held a
  State of Florida Educators Certificate. What is
  the percentage of educators with adjudicated
  cases for violations of the Principles of
  Professional Conduct and other sections of
  Florida Law during the 1998-99 Fiscal Year?
• 20
• 2
• 1
• .2

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• It is generally held acceptable for a teacher to
  date their students
• if the student is 18 years old or older.
• if the students parent(s) consent in writing.
• after the student graduates from the school
  system.

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• It is generally held acceptable for a teacher to
  date their students
• if the student is 18 years old or older.
• if the students parent(s) consent in writing.
• after the student graduates from the school
  system.

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• 3. If you are found to be deficient in your
  education duties, the district must initiate
  which of the following
• Provide written Notice to you that deficiencies
  exist.
• The Notice must provide a thorough Explanation
  which describes your unsatisfactory performance.
• Provide Assistance to help you correct the
  deficiencies.
• d. Provide Time (90 calendar days from the
  receipt of the Notice) to correct all
  deficiencies noted.
• All of the above.
• You (the educator) may hope for the district to
  provide any of the above, but you had best rely
  on yourself to figure out what your deficiencies
  are and fix them fast.

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• 3. If you are found to be deficient in your
  education duties, the district must initiate
  which of the following
• Provide written Notice to you that deficiencies
  exist.
• The Notice must provide a thorough Explanation
  which describes your unsatisfactory performance.
• Provide Assistance to help you correct the
  deficiencies.
• d. Provide Time (90 calendar days from the
  receipt of the Notice) to correct all
  deficiencies noted.
• All of the above.
• You (the educator) may hope for the district to
  provide any of the above, but you had best rely
  on yourself to figure out what your deficiencies
  are and fix them fast.

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• Violations of The Principles of Professional
  Conduct and other sections of Florida Law shall
  subject the individuals Educators Certificate
  to revocation or suspension or other penalties as
  provided by law.
• True
• False
• Maybe

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• Violations of The Principles of Professional
  Conduct and other sections of Florida Law shall
  subject the individuals Educators Certificate
  to revocation or suspension or other penalties as
  provided by law.
• True
• False
• Maybe

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• Educators can be held liable for
• administering corporal punishment in accordance
  with state law.
• use of excessive force.
• maintaining order in the classroom.

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• Educators can be held liable for
• administering corporal punishment in accordance
  with state law.
• use of excessive force.
• maintaining order in the classroom.

28

• Which standard of proof is used by the Department
  of Education in taking action against an
  Educators Certification?
• Criminal
• Civil
• Administrative
• No standard of proof is required.

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• Which standard of proof is used by the Department
  of Education in taking action against an
  Educators Certification?
• Criminal
• Civil
• Administrative
• No standard of proof is required.

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• According to The Principles of Professional
  Conduct, it is generally held acceptable for
  educators to drink socially with their students
• If the student is still in the K - 12 school
  system but over 21 years old.
• If the drinking does not take place on school
  grounds.
• If the student is 21 years old or older and not
  in the K - 12 school system.
• None of the above.

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• According to The Principles of Professional
  Conduct, it is generally held acceptable for
  educators to drink socially with their students
• If the student is still in the K - 12 school
  system but over 21 years old.
• If the drinking does not take place on school
  grounds.
• If the student is 21 years old or older and not
  in the K - 12 school system.
• None of the above.

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• Unethical and/or illegal conduct by educators in
  their private lives
• is grounds for disciplinary action (which may
  include action against the certificate).
• may lead to disciplinary action only if the
  nature of the misconduct impairs the
• educators effectiveness or trustworthiness in
  the classroom.
• is a private matter and not subject to
  disciplinary action.

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• Unethical and/or illegal conduct by educators in
  their private lives
• is grounds for disciplinary action (which may
  include action against the certificate).
• may lead to disciplinary action only if the
  nature of the misconduct impairs the
• educators effectiveness or trustworthiness in
  the classroom.
• is a private matter and not subject to
  disciplinary action.

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• Educators are explicitly forbidden from
  discriminating against
• students based upon their sexual orientation.
• students based upon their handicapping condition.
• students based upon their age.
• all of the above.
• some of the above.

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• Educators are explicitly forbidden from
  discriminating against
• students based upon their sexual orientation.
• students based upon their handicapping condition.
• students based upon their age.
• all of the above.
• some of the above.

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• 10. The Principles of Professional Conduct
  stipulate that if an educator is arrested for or
  charged with child abuse or the sale and/or
  possession of a controlled substance, the
  educator shall
• keep the information to him or herself so as to
  protect the integrity of the education
  professions reputation.
• shall self-report the arrest to appropriate
  district authorities within 48 hours.
• shall self-report to the Office of Professional
  Practices Services within 48 hours.
• resign immediately.

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• 10. The Principles of Professional Conduct
  stipulate that if an educator is arrested for or
  charged with child abuse or the sale and/or
  possession of a controlled substance, the
  educator shall
• keep the information to him or herself so as to
  protect the integrity of the education
  professions reputation.
• shall self-report the arrest to appropriate
  district authorities within 48 hours.
• shall self-report to the Office of Professional
  Practices Services within 48 hours.
• resign immediately.

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CODE OF ETHICS

• 6B-1.001, FAC., The Code of Ethics of the
  Education Profession in Florida.

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CODE OF ETHICS

• 6B-1.001, FAC., The Code of Ethics of the
  Education Profession in Florida.
• The educator values

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CODE OF ETHICS

• 6B-1.001, FAC., The Code of Ethics of the
  Education Profession in Florida.
• The educator values
• the worth and dignity of every person

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CODE OF ETHICS

• 6B-1.001, FAC., The Code of Ethics of the
  Education Profession in Florida.
• The educator values
• the worth and dignity of every person
• the pursuit of truth

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CODE OF ETHICS

• 6B-1.001, FAC., The Code of Ethics of the
  Education Profession in Florida.
• The educator values
• the worth and dignity of every person
• the pursuit of truth
• devotion to excellence

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CODE OF ETHICS

• 6B-1.001, FAC., The Code of Ethics of the
  Education Profession in Florida.
• The educator values
• the worth and dignity of every person
• the pursuit of truth
• devotion to excellence
• acquisition of knowledge

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CODE OF ETHICS

• 6B-1.001, FAC., The Code of Ethics of the
  Education Profession in Florida.
• The educator values
• the worth and dignity of every person
• the pursuit of truth
• devotion to excellence
• acquisition of knowledge
• the nurture of democratic citizenship

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• The educators primary professional concern will
  always be for the student and the development of
  the students potential.

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• The educators primary professional concern will
  always be for the student and the development of
  the students potential.
• The educator strives to achieve and sustain the
  highest degree of ethical conduct.

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PRINCIPLES OF PROFESSIONAL CONDUCT

• 6B-1.006, FAC., The Principles of Professional
  Conduct of the Education Profession in Florida

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PRINCIPLES OF PROFESSIONAL CONDUCT

• 6B-1.006, FAC., The Principles of Professional
  Conduct of the Education Profession in Florida
• Obligations to
• The Student
• The Public
• The Profession

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Obligation to the Student

• The educator will
• commit to academic openness, fairness, honesty,
  and objectivity to students and the learning
  material
• avoid harassment, embarrassment or discrimination
  against students

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Obligation to the Public

• The educator will
• distinguish between personal views and the views
  of the educational institution with which the
  educator is affiliated
• refuse to accept gifts or favors which will
  influence professional judgment
• avoid using professional position for personal
  gain or advantage

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Obligation to the Profession

• The educator will
• respect and be fair to colleagues
• report alleged violations of state or local
  school board rules
• avoid misrepresenting qualifications or assisting
  unqualified personnel to gain or continue
  employment in the profession

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• The Law and the EPC
• Education Practices Commission
• Probable Cause
• Sanctions

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WHAT TO EXPECT

• Complaint is filed with the Office of
  Professional Practices Services (PPS)
• Report is prepared and reviewed
• Either probable cause or no probable cause is
  recommended to the Commissioner

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• If no probable cause, case closed
• If probable cause, complaint is made and filed
  with the Education Practices Commission (EPC)

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• If no probable cause, case closed
• If probable cause, complaint is made and filed
  with the Education Practices Commission (EPC)
• Educator has 20 days to respond
• surrender certificate
• no response leads to default
• contest allegations
• request mitigation
• Hearings follow (except for surrender)

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• EPC makes final order, which can be appealed to
  District Court

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Possible Sanctions

• revoke certificate
• suspend certificate
• letter of reprimand
• fine up to 2000 per count/offense limit scope of
  practice
• deny issuance or endorsement
• conditional issuance of appropriate certificate
• Probation
• stipulation or settlement agreement

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STANDARDS OF PROOF

• The petitioner has the burden of proving
  allegations by CLEAR and CONVINCING EVIDENCE
• This is more than the preponderance of evidence
  (used in civil cases) and less than beyond a
  reasonable doubt (criminal cases)
• Evidence must be credible

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STANDARDS OF PROOF

• Facts of witness must be distinctly remembered
• Testimony must be precise and explicit
• Witnesses must not be confused
• Evidence must lead to firm belief or conviction
  that the allegations are true.

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CASE DECISIONS

• Mr. Jones and Just One Thing After the Other
• Ms. Jones and Her Relationships

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Mr. Jones and Just One Thing After the Other

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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Mr. Jones and Just One Thing After the Other

• The EPC put Mr. Jones on two years probation. He
  was to submit quarterly reports of his
  performance and to serve fifty hours of community
  service in a location of his choice. He
  completed the community service and completed
  three performance reports which got to EPC late.
  A certified letter informing him that his reports
  were overdue came back address unknown. It was
  subsequently learned that Mr. Jones failed to
  show up for work one morning and the school was
  unable to locate him.

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MS. JONES AND HER RELATIONSHIPS

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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Ms. Jones and Her Relationships

• Ms. Jones resigned. Education Practices
  Commission revoked her certificate for ten years
  and established a five-year probationary period
  once she is re-employed as a certificated
  educator.

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EXERCISE 1

• READ
• your assigned cases
• DISCUSS
• the case and decide what action would be
  appropriate
• FIND
• the Principles that were violated
• DISCUSS
• how you would handle this case as an EPC panel
• REPORT
• on your groups conclusions
• REVIEW
• EPC action/decision

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EXERCISE 1 CASES

1. A Picture Is Worth . . .
2. Inappropriate Language
3. Under 21- Twenty Years Later
4. Equal Opportunity Battery

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1. Mr. Rock and A Picture is Worth

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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1. Mr. Rock and A Picture is Worth

• The EPC permanently revoked Mr. Rocks
  certificate.

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2. Mr. Mason and Inappropriate Language

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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2. Mr. Mason and Inappropriate Language

• Mr. Masons certificate was revoked for six
  years. Upon employment, he is to serve two years
  of probation, join the Recovery Network Program,
  and complete three hours of college level courses
  or in-service training on both Classroom
  Management and Appropriate Language to students.

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3. Mr. Soucheck and Twenty Years Later

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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3. Mr. Soucheck and Twenty Years Later

• The Commissioner of Education did not find
  probable cause.

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4. Mrs. Moore and Equal Opportunity Battery

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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4. Mrs. Moore and Equal Opportunity Battery

• The EPC placed Mrs. Moore on one year probation.
  A letter of reprimand was placed in her file. She
  was also ordered to obtain assurance from the
  Florida Recovery Network Program that she poses
  no threat to students, and successfully complete
  a course in Anger Control.

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EXERCISE 2

• READ
• your assigned cases
• DISCUSS
• the case and decide what action would be
  appropriate
• FIND
• the Principles that were violated
• DISCUSS
• how you would handle this case as an EPC panel
• REPORT
• on your groups conclusions
• REVIEW
• EPC action/decision

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EXERCISE 2 CASES

1. Assault and Battery on Ex-Husband
2. A Lost Temper
3. Domestic Violence
4. At Home Hobbies
5. Just A Little Help

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1. Mrs. Canning and Assault and Battery of
Ex-Husband

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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1. Mrs. Canning and Assault and Battery of
Ex-Husband

• The EPC rejected the count that Ms. Canning was
  guilty of gross immorality or an act involving
  moral turpitude. The administrative complaint was
  dismissed.

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2. Mr. Smith and A Lost Temper

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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2. Mr. Smith and A Lost Temper

• The EPC put Mr. Smith on two years of probation
  and a letter of reprimand was put in his file.
  He was required to provide written verification
  from a professional approved by the Recovery
  Network Program that he poses no threat to the
  safety and well-being of students. He was also
  required to successfully complete an in-service
  training in Classroom Management within a year.

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3. Mr. Knight and Domestic Violence

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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3. Mr. Knight and Domestic Violence

• The EPC put Mr. Knight on one year probation and
  a letter of reprimand was placed in his file. He
  was to obtain affirmation from the Recovery
  Network Program that he poses no threat to
  students and to successfully complete inservice
  training in Domestic Violence Prevention and
  Anger Control.

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4. Mr. Black and At-Home Hobbies

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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4. Mr. Black and At-Home Hobbies

• The EPC permanently revoked Mr. Blacks
  certificate.

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5. Ms. Gardener and Just A Little Help

1. Termination
2. Suspension
3. Probation Sanctions
4. Nothing at all

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5. Ms. Gardener and Just A Little Help

• The EPC placed Ms. Gardener on three years
  probation and also placed a letter of reprimand
  in her file. She was required to complete a
  three credit hour college level or in-service
  equivalent program on Ethics.

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N-E-A-T PROCESS

• SBER 6B-4.08, FAC., explains the NEAT process
  (s. 231.29(3)(d), F.S.)

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N-E-A-T PROCESS

• SBER 6B-4.08, FAC., explains the NEAT process
  (s. 231.29(3)(d), F.S.)
• N NOTICE to the educator that deficiencies
  exist which may lead to disciplinary action if
  not corrected.

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N-E-A-T PROCESS

• SBER 6B-4.08, FAC., explains the NEAT process
  (s. 231.29(3)(d), F.S.)
• N NOTICE to the educator that deficiencies
  exist which may lead to disciplinary action if
  not corrected.
• E EXPLANATION of the deficiencies, that the
  administrator/supervisor responsible for
  evaluation have identified, should be thorough
  and detailed in written form, and include
  suggestions for improvement.

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• A ASSISTANCE must be provided to the educator
  by those responsible for evaluation and
  supervision of the educator. A practical plan
  for remediation of each deficiency noted must be
  developed. When possible, the educator should be
  included in the development of the plan to
  improve performance.

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• A ASSISTANCE must be provided to the educator
  by those responsible for evaluation and
  supervision of the educator. A practical plan
  for remediation of each deficiency noted must be
  developed. When possible, the educator should be
  included in the development of the plan to
  improve performance.
• T TIME must be provided for correction of all
  deficiencies noted. The time allotted must be
  reasonable and commensurate with the volume of
  deficiencies listed so that the educator is
  provided sincere opportunity to improve
  sufficiently to meet the expectations of those
  responsible for evaluation.

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DISMISSAL, SUSPENSION OR REVOCATION OF CERTIFICATE

• Section 231.36, Florida Statutes, describes
  circumstances for just cause dismissal from
  district employment

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DISMISSAL, SUSPENSION OR REVOCATION OF CERTIFICATE

• Section 231.36, Florida Statutes, describes
  circumstances for just cause dismissal from
  district employment
• Section 231.2615 (formerly 231.28), Florida
  Statutes, describes causes for disciplinary
  actions taken against a teachers certificate

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REVOCATION or SUSPENSION OF CERTIFICATES

• Fraudulent Certificate
• Incompetence
• Act of Moral Turpitude
• Guilty of Gross Immorality
• Revocation of Certificate in Another State
• Conviction of a Misdemeanor, Felony, or any other
  Criminal Charge other than a Minor Traffic
  Violation
• Guilty of Personal Conduct which Seriously
  Reduced Effectiveness as an Employee of the
  School Board
• Breach of Local Contract
• Violated the Principles of Professional Conduct
  of the Education Profession in Florida

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JUST CAUSE FOR DISMISSAL FROM DISTRICT EMPLOYMENT

• Includes but not limited to
• Misconduct in Office
• Incompetence
• Gross Insubordination
• Willful Neglect of Duties
• Conviction of a Crime of Moral Turpitude

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ADAMS TOMERLIN CASES

• The Florida 1st District Court of Appeals said
  that teachers are held to a high moral standard.

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ADAMS TOMERLIN CASES

• The Florida 1st District Court of Appeals said
  that teachers are held to a high moral standard.
• By virtue of their leadership capacity, teachers
  are traditionally held to a high moral standard
  in a community. Adams v. State Professional
  Practices Council, 406 So.2nd 1170 (Fla. 1st DCA
  1981).

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• A school teacher holds a position of great
  trust. We entrust the custody of our children to
  the teacher. We look to the teacher to educate
  and to prepare our children for their adult
  lives. To fulfill this trust, the teacher must
  be of good moral character to require less would
  jeopardize the future lives of our children.
  Tomerlin v. Dade School Board, 381 So.2d 159
  (Fla. 1st DCA 1975).