Presentation on theme: "FLORIDA EDUCATION STANDARDS COMMISSION"— Presentation transcript:
1FLORIDA EDUCATION STANDARDS COMMISSION Professionalism Through Integrity
2OBJECTIVES The Code and Principles of Professional Conduct Understand the three essential elements of the Code of Ethics of the education profession in FloridaDiscuss obligations to the student, the public and the profession
3OBJECTIVES The System and Structure Understand the different roles of the Education Standards Commission, the Professional Practices Services and the Education Practices Commission
4OBJECTIVES The Process Describe What to Expect Common Sense List appropriate steps to take:during interactions with studentsduring record keeping and accounting while in the community
5OBJECTIVES Guidelines Understand the high moral standards to which educators are heldList activities that are not school-related that could lead to charges of ethical and conduct violations
7PRE-TEST ANSWERS D [1998-1999 EPC Data] C [Principles 3(e) & (h)] E [NEAT Process, s (3)(d), F. S.]A [Principle 2 & s (2)(c), F. S.]B [Principle 3(a)]C [s , F. S.]C [Principle 3(a)]A [Principle 3]D [Principle 3(g)]B [Principle 5(m)]
8AGENCY DESCRIPTIONS Education Standards Commission (ESC) 24 educators and citizensDefines standards forteacher preparation programsentry-level teacherscertification renewalEducation Practices Commission (EPC)17 educators and citizensInterprets and applies standardsOrders disciplinary actions regarding certificatesProfessional Practices Services (PPS)Investigates allegations of violations of the Principles and s , F.S. (formerly s , F.S.)
9Overview of The Code Of Ethics and The Principles of Professional Conduct of the Education Profession in Florida
10CODE OF ETHICS6B-1.001, FAC., The Code of Ethics of the Education Profession in Florida.The educator values:the worth and dignity of every personthe pursuit of truthdevotion to excellenceacquisition of knowledgethe nurture of democratic citizenship
11The educator’s primary professional concern will always be for the student and the development of the student’s potential.The educator strives to achieve and sustain the highest degree of ethical conduct.
12PRINCIPLES OF PROFESSIONAL CONDUCT 6B-1.006, FAC., The Principles of Professional Conduct of the Education Profession in FloridaObligations toThe StudentThe PublicThe Profession
13Obligation to the Student The educator will:commit to academic openness, fairness, honesty, and objectivity to students and the learning materialavoid harassment, embarrassment or discrimination against students
14Obligation to the Public The educator will:distinguish between personal views and the views of the educational institution with which the educator is affiliatedrefuse to accept gifts or favors which will influence professional judgmentavoid using professional position for personal gain or advantage
15Obligation to the Profession The educator will:respect and be fair to colleaguesreport alleged violations of state or local school board rulesavoid misrepresenting qualifications or assisting unqualified personnel to gain or continue employment in the profession
16Education Practices Commission The “Law” and the “EPC”Education Practices CommissionProbable CauseSanctions
17WHAT TO EXPECTComplaint is filed with the Office of Professional Practices Services (PPS)Report is prepared and reviewedEither probable cause or no probable cause is recommended to the Commissioner
18Educator has 20 days to respond If no probable cause, case closedIf probable cause, complaint is made and filed with the Education Practices Commission (EPC)Educator has 20 days to respondsurrender certificateno response leads to defaultcontest allegationsrequest mitigationHearings follow (except for surrender)
19EPC makes final order, which can be appealed to District Court
20Possible Sanctions: revoke certificate suspend certificate letter of reprimandfine up to $2000 per count/offense limit scope of practicedeny issuance or endorsementconditional issuance of appropriate certificateProbationstipulation or settlement agreement
21STANDARDS OF PROOFThe petitioner has the burden of proving allegations by CLEAR and CONVINCING EVIDENCEThis is more than the “preponderance of evidence” (used in civil cases) and less than “beyond a reasonable doubt” (criminal cases)Evidence must be credible
22STANDARDS OF PROOF Facts of witness must be distinctly remembered Testimony must be precise and explicitWitnesses must not be confusedEvidence must lead to firm belief or conviction that the allegations are true.
23CASE DECISIONS Mr. Jones and Just One Thing After the Other Ms. Jones and Her Relationships
24Mr. 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.
25Ms. 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.
26EXERCISE #1 READ your assigned cases DISCUSS the case and decide what action would be appropriateFINDthe Principles that were violatedhow you would handle this case as an EPC panelREPORTon your groups’ conclusionsREVIEWEPC action/decision
27EXERCISE #1 CASES A Picture Is Worth . . . Inappropriate Language Under 21- Twenty Years LaterEqual Opportunity Battery
281. Mr. Rock and A Picture is Worth The EPC permanently revoked Mr. Rock’s certificate.
292. Mr. Mason and Inappropriate Language Mr. Mason’s 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.
303. Mr. Soucheck and Twenty Years Later The Commissioner of Education did not find probable cause.
314. 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.
32EXERCISE #2 READ your assigned cases DISCUSS the case and decide what action would be appropriateFINDthe Principles that were violatedhow you would handle this case as an EPC panelREPORTon your groups’ conclusionsREVIEWEPC action/decision
33EXERCISE #2 CASES Assault and Battery on Ex-Husband A Lost Temper Domestic ViolenceAt Home HobbiesJust A Little Help
341. 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.
352. 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.
363. 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.
374. Mr. Black and At-Home Hobbies The EPC permanently revoked Mr. Black’s certificate.
385. 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.
39N-E-A-T PROCESSSBER 6B-4.08, FAC., explains the “NEAT” process (s (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.
40A = 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.
41DISMISSAL, SUSPENSION OR REVOCATION OF CERTIFICATE Section , Florida Statutes, describes circumstances for “just cause” dismissal from district employmentSection (formerly ), Florida Statutes, describes causes for disciplinary actions taken against a teacher’s certificate
42REVOCATION or SUSPENSION OF CERTIFICATES Fraudulent CertificateIncompetenceAct of Moral TurpitudeGuilty of Gross ImmoralityRevocation of Certificate in Another StateConviction of a Misdemeanor, Felony, or any other Criminal Charge other than a Minor Traffic ViolationGuilty of Personal Conduct which Seriously Reduced Effectiveness as an Employee of the School BoardBreach of Local ContractViolated the Principles of Professional Conduct of the Education Profession in Florida
43JUST CAUSE FOR DISMISSAL FROM DISTRICT EMPLOYMENT Includes but not limited to:Misconduct in OfficeIncompetenceGross InsubordinationWillful Neglect of DutiesConviction of a Crime of Moral Turpitude
44ADAMS & TOMERLIN CASESThe 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).
45“A school teacher holds a position of great trust “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).