1. FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

2. WELCOME SITSIT -in groups of 5-10 -Get Acquainted ! READREAD -Just One Thing After Another OR -Ms. Jones and Her Relationships DISCUSSDISCUSS -the ethical problems -how you might behave if this occurred at your school

3. OBJECTIVES 1.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

4. OBJECTIVES 2.The System and Structure -Understand the different roles of the Education Standards Commission, the Professional Practices Services and the Education Practices Commission OBJECTIVES 2.The System and Structure -Understand the different roles of the Education Standards Commission, the Professional Practices Services and the Education Practices Commission

5. OBJECTIVES 3.The Process -Describe What to Expect 4.Common Sense List appropriate steps to take: -during interactions with students -during record keeping and accounting -while in the community

6. OBJECTIVES 5.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

7. AGENDA Opener Written Case and Discussion Purpose/Objectives for the Session Agenda for the Session Pre-Test and Discussion Participants’ Issues and Questions

8. AGENDA Agency Description Overview of the Code and the Principles EPC Action/Findings: Mr. Jones Case and Ms. Jones Case AGENDA Agency Description Overview of the Code and the Principles EPC Action/Findings: Mr. Jones Case and Ms. Jones Case

9. AGENDA Exercise #1 - Read, Discuss and Analyze - Principles Violated Exercise # 2 - Read, Discuss, and Analyze - EPC Action - Reaction and Discussion

10. AGENDA Exercise # 3 -Read, Discuss, and Analyze - EPC Action -Reaction and Discussion So What! Guidelines and Common Sense - Looking to yourself to avoid problems

11. AGENDA Closing Remarks Unanswered Questions Adams and Tomerlin Cases

12. INTRODUCTION OF PARTICIPANTS

13. PRE-TEST ANSWERS

14. PRE-TEST ANSWERS 1.D[1998-1999 EPC Data] 2.C [Principles 3(e) & (h)] 3. E[NEAT Process, s. 1012.34(3)(d), F. S.] 4. A [Principle 2 & s. 1012.795(1)(i), F. S.] 5. B [Principle 3(a)]

15. PRE-TEST ANSWERS 6. C[s. 1012.796, F. S.] 7. C[Principle 3(a)] 8. A [Principle 3] 9. D[Principle 3(g)] 10.B[Principle 5(m)]

16. PARTICIPANTS’ ISSUES AND QUESTIONS

17. 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

18. Professional Practices Services (PPS) Investigates allegations of violations of the Principles and s. 1012.795, F.S. (formerly s. 231.2615, F.S.)

19. Overview of The Code Of Ethics and The Principles of Professional Conduct of the Education Profession in Florida

20. 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 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

21. The 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.

22. PRINCIPLES OF PROFESSIONAL CONDUCT 6B-1.006, FAC., The Principles of Professional Conduct of the Education Profession in Florida Obligation to the Student The educator will: -commit to academic openness, fairness, honesty, and objectivity to students and the learning material PRINCIPLES OF PROFESSIONAL CONDUCT 6B-1.006, FAC., The Principles of Professional Conduct of the Education Profession in Florida Obligation to the Student The educator will: -commit to academic openness, fairness, honesty, and objectivity to students and the learning material

23. -avoid harassment, embarrassment or discrimination against students 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 judgement -avoid using professional position for personal gain or advantage

24. 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

25. FLORIDA STATUTES Section 1012.79 Education Practices Commission (EPC) Section 1012.795 EPC Authority to Discipline Section 1012.796 Complaints against Teachers and Administrators; Procedure; Penalties Section 1012.798 Recovery Network Program Section 1012.34 Assessment Procedures Section 1012.33 Contracts with Instructional Staff, Supervisors, and Principals Section 1000.01(5)(a)8 Education Standards Commission (ESC)

26. CASE DECISIONS -Mr. Jones and Just One Thing After the Other -Ms. Jones and Her Relationships

27. CASE DECISIONS 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.

28. CASE DECISIONS 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.

29. EXERCISE #1 SIT-in groups of five to ten 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 EXERCISE #1 SIT-in groups of five to ten 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

30. EXERCISE #1 CASES 1. A Picture Is Worth... 2. If the Sixth Time You Don’t Succeed 3. Inappropriate Language 4.Kiss and Tell 5. A Mother’s Word 6.Under 21- Twenty Years Later 7.Misdirected Love 8.Equal Opportunity Battery EXERCISE #1 CASES 1. A Picture Is Worth... 2. If the Sixth Time You Don’t Succeed 3. Inappropriate Language 4.Kiss and Tell 5. A Mother’s Word 6.Under 21- Twenty Years Later 7.Misdirected Love 8.Equal Opportunity Battery

31. CASE DECISIONS FROM EXERCISE #1

32. 1. Mr. Rock and A Picture is Worth The EPC permanently revoked Mr. Rock’s certificate.

33. 2.Mrs. Trillum and the Sixth Time The EPC upheld the denial of Mrs. Trillum’s certificate for two years or until she successfully passed the CLAST exam or completed the CLAST alternatives as provided in statutes. She was also placed on three years probation after she obtains her Florida Educator’s Certificate and employment.

34. 3.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 inservice training on both Classroom Management and Appropriate Language to students.

35. 4.Mr. Navarre and Kiss and Tell Mr. Navarre surrendered his certificate and EPC permanently revoked it.

36. 5.Mr. Harrison and A Mother’s Word The EPC gave Mr. Harrison a letter of reprimand. He was required to provide written verification from his supervisor that he has reviewed and is familiar with his employing School Board’s testing policies. He continues to be employed in the school district.

37. 6.Mr. Soucheck and Twenty Years Later The Commissioner of Education did not find probable cause.

38. 7.Coach Buckmaster and Misdirected Love Mr. Buckmaster surrendered his certificate which the EPC permanently revoked.

39. 8.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.

40. EXERCISE #2 SIT-in groups of five to ten READ-your assigned cases FIND-the element of the Principles that was violated DISCUSS -how you would handle this case as an EPC panel REPORT-on your groups’ conclusions REVIEW-EPC action/decision EXERCISE #2 SIT-in groups of five to ten READ-your assigned cases FIND-the element of the Principles that was violated DISCUSS -how you would handle this case as an EPC panel REPORT-on your groups’ conclusions REVIEW-EPC action/decision

41. EXERCISE #2 CASES 1.Assault and Battery on Ex- Husband 2.A Lost Temper 3.Private Acts in Public Places 4.Domestic Violence 5.At Home Hobbies 6.Just A Little Help 7.Teacher Takes a Hit and a Hike 8.Ms. Hartson and Her Anger

42. CASE DECISIONS FROM EXERCISE #2

43. 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.

44. 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 inservice training in Classroom Management within a year.

45. 3.Mr. Grant and Private Acts in Public Places The EPC put Mr. Grant on three years of probation and a letter of reprimand was placed in his file. He was ordered to obtain written verification from the Recovery Network Program that he poses no threat to students.

46. 4.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 Domestice Violence Prevention and Anger Control.

47. 5.Mr. Black and At- Home Hobbies The EPC permanently revoked Mr. Black’s certificate.

48. 6.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 inservice equivalent program on Ethics.

49. 7.Mr. Rosselli and a Hit and a Hike The EPC placed Mr. Rosselli on one year probation and a letter of reprimand was placed in his file. He was required to complete a three credit hour college course or 60 inservice hours in Classroom Management and Appropriate Discipline Techniques.

50. 8.Mrs. Hartson and Her Anger The EPC placed Mrs. Hartson on three years probation and a letter of reprimand was placed in her file. She was required to take a psychological evaluation, and to complete prescribed treatment.

51. 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 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

52. -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) -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)

53. WHAT TO EXPECT EPC makes final order, which can be appealed to District Court -revoke certificate -suspend certificate -letter of reprimand -fine up to $2000 per count/offense -limit scope of practice -deny issuance or endorsement WHAT TO EXPECT EPC makes final order, which can be appealed to District Court -revoke certificate -suspend certificate -letter of reprimand -fine up to $2000 per count/offense -limit scope of practice -deny issuance or endorsement

54. -conditional issuance of appropriate certificate -probation -stipulation or settlement agreement

55. 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 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

56. 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.

57. N-E-A-T PROCESS S. 1012.34(3)(d), F.S., explains the “NEAT” process 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. N-E-A-T PROCESS S. 1012.34(3)(d), F.S., explains the “NEAT” process 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.

58. 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 reason able 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.

59. DISMISSAL, SUSPENSION OR REVOCATION OF CERTIFICATE Section 1012.33, Florida Statutes, describes circumstances for “just cause” dismissal from district employment Section 1012.795, Florida Statutes, describes causes for disciplinary actions taken against a teacher’s certificate DISMISSAL, SUSPENSION OR REVOCATION OF CERTIFICATE Section 1012.33, Florida Statutes, describes circumstances for “just cause” dismissal from district employment Section 1012.795, Florida Statutes, describes causes for disciplinary actions taken against a teacher’s certificate

60. REVOCATION SUSPENSION OF CERTIFICATES -Fraudulent Certificate -Incompetence -Act of Moral Turpitude -Guilty of Gross Immorality -Revocation of Certificate in Another State

61. -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 -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

62. JUST CAUSE FOR DISMISSAL FROM DISTRICT EMPLOYMENT Includes but not limited to: 1.Misconduct in Office 2.Incompetence 3.Gross Insubordination 4.Willful Neglect of Duties 5.Conviction of a Crime of Moral Turpitude JUST CAUSE FOR DISMISSAL FROM DISTRICT EMPLOYMENT Includes but not limited to: 1.Misconduct in Office 2.Incompetence 3.Gross Insubordination 4.Willful Neglect of Duties 5.Conviction of a Crime of Moral Turpitude

63. HOW TO USE COMMON SENSE MANY PROBLEMS EDUCATORS ENCOUNTERED COULD HAVE BEEN AVOIDED IF THEY USED SOME COMMON SENSE AND RATIONAL JUDGEMENT

64. A.Interaction with Students 1.Maintain a professional barrier 2.Keep the classroom door open 3.Do NOT Flirt or joke with students 4.Do NOT discuss your personal life 5.Coordinate transportation issues with principal/supervisor 6.Avoid leaving your students alone 7.Keep your hands and body to yourself 8.Know policies and laws governing corporal punishment and use of reasonable force 9.Chaperon only school sponsored events 10.Do NOT telephone students or write them notes of a personal nature 11.Do not harass students

65. B.Record Keeping and Accounting Procedures 1.Know laws, policies, and school rules 2.Know your rights 3.Know policies about money/finances 4.Establish a grading system 5.Establish behavior management rules C.Reputation in the Community 1.Keep your co-workers and supervisor informed 2.Communicate with parents and document your communication 3.Dress and act appropriately 4.Avoid indefensible behaviors/actions 5.Maintain a professional reputation B.Record Keeping and Accounting Procedures 1.Know laws, policies, and school rules 2.Know your rights 3.Know policies about money/finances 4.Establish a grading system 5.Establish behavior management rules C.Reputation in the Community 1.Keep your co-workers and supervisor informed 2.Communicate with parents and document your communication 3.Dress and act appropriately 4.Avoid indefensible behaviors/actions 5.Maintain a professional reputation

66. 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). 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).

67. “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).

68. UNANSWERED QUESTIONS EVALUATION FRAMEABLE CODE Thank you, you were a great group.