FLORIDA EDUCATION STANDARDS COMMISSION Professionalism Through Integrity

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

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

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

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

PRE-TEST ANSWERS

PRE-TEST ANSWERS D [1998-1999 EPC Data] C [Principles 3(e) & (h)] E [NEAT Process, s. 231.29(3)(d), F. S.] A [Principle 2 & s. 231.546(2)(c), F. S.] B [Principle 3(a)] C [s. 231.262, F. S.] C [Principle 3(a)] A [Principle 3] D [Principle 3(g)] B [Principle 5(m)]

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.)

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

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

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.

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

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

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

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

Education Practices Commission The “Law” and the “EPC” Education Practices Commission Probable Cause Sanctions

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

Educator has 20 days to respond 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)

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

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

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 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.

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

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.

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.

EXERCISE #1 READ your assigned cases DISCUSS the case and decide what action would be appropriate FIND the Principles that were violated how you would handle this case as an EPC panel REPORT on your groups’ conclusions REVIEW EPC action/decision

EXERCISE #1 CASES A Picture Is Worth . . . Inappropriate Language Under 21- Twenty Years Later Equal Opportunity Battery

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

2. 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.

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

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.

EXERCISE #2 READ your assigned cases DISCUSS the case and decide what action would be appropriate FIND the Principles that were violated how you would handle this case as an EPC panel REPORT on your groups’ conclusions REVIEW EPC action/decision

EXERCISE #2 CASES Assault and Battery on Ex-Husband A Lost Temper Domestic Violence At Home Hobbies Just A Little Help

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.

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.

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.

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

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.

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.

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.

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 teacher’s certificate

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

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

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).

“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).