1. An Educator’s Ethical Responsibilities

2. The Education Professional Standards Board has the authority and responsibility to establish standards and requirements for obtaining and maintaining a teaching certificate.
KRS (1)(a).

3. The EPSB has specifically been given the authority to sanction an educator’s certificate in the following manner:
Revoke, suspend, or refuse to issue or renew;
Impose probationary or supervisory conditions upon;
Issue a written reprimand or admonishment; or
Any combination of those actions.

6. EPSB’s Application Review
Any “yes” answer requires that the Board review the application.
Application is submitted to Legal Services staff and a summary of the self-reported details is prepared and presented at the next regularly-scheduled board meeting.
There are no grounds for automatic denial of certification, however, state law prohibits a superintendent from hiring a violent offender or a person convicted of a felony sex crime.

7. EPSB’s Application Review
When reviewing a conviction or convictions, the Board considers, among other things, the following:
The nature of the offense;
If any children or minors were involved;
The amount of time that has passed since the conviction; and
If any terms of a sentence or probation were fulfilled.

8. Right to Appeal EPSB’s Decision
If the EPSB denies an applicant a certificate, the applicant may appeal that decision and is entitled to an administrative hearing where the applicant may present evidence that he or she is fit to be a teacher.

9. Actions against certified educators
Disciplinary Review
Actions against certified educators

10. EPSB’s Disciplinary Authority
The EPSB may take action against a certificate for any misconduct described in KRS (1) including violations of the Professional Code of Ethics for Kentucky Certified School Personnel.

11. Complaints
The EPSB receives complaints from a variety of sources including parents, KEA, other state agencies like OEA, CHFS, and KDE, as well as from media postings. However, the largest amount of cases are initiated from Superintendent Reports.

12. A superintendent has the duty to report in writing to the EPSB any certified school employee in the superintendent’s district:
1) Whose contract is terminated or not renewed, for cause except failure to meet local standards for quality of teaching performance prior to the employee gaining tenure; 2) Who resigns from, or otherwise leaves, a position under threat of contract termination, or nonrenewal, for cause; 3) Who is convicted in a criminal prosecution; or 4) Who otherwise may have engaged in any actions or conduct while employed in the school district that might reasonably be expected to warrant consideration for action against the certificate.

13. Complaint Review
EPSB Division of Legal Services’ Staff reviews all complaints and reports received. If the complaint or report contains credible allegations that if proven true would constitute a violation of KRS or the Code of Ethics has occurred, a disciplinary case is initiated against the educator.

14. Initiating a Disciplinary Case
An educator is immediately notified when a disciplinary case is opened against him or her and given thirty (30) days from the day of receipt to respond to the allegations in the initial complaint or report.
Upon receipt of the rebuttal or after 30 days, which ever comes first, the case is prepared for review by the EPSB at its next regularly scheduled board meeting.

15. Board Review
The EPSB reviews a summary of the initial complaint or report and the educator’s rebuttal in full with all identifying information redacted.

16. The EPSB may make the following determination after the initial review:
Dismiss;
Defer for Training;
Admonish; or
Refer to full investigation and potential hearing.

17. EPSB’s Hearing Process
If referred to a full investigation, the case is assigned to an attorney and fully investigated.
The attorney may make settlement offers to the educator if he or she finds the allegations have merit.
If settlement negotiations are not successful or if the EPSB rejects the settlement, a case may be heard.

18. EPSB’s Hearing Process
The EPSB attorney must prove the allegations occurred by a preponderance of the evidence in order for the EPSB to find a violation and sanction the educator’s certificate.
Educator does have a right to appeal the EPSB’s decision in Franklin Circuit Court.

19. EPSB’s Disciplinary Process
This process is independent of the district’s disciplinary and the tribunal process described in KRS

20. 2013
2012
2011
2010
2009
Probable Cause Cases
297
269
321
278
239
Character and Fitness
242
337
275
281
234
Complaints
769
755
728
745
 No Data

21. 2013
2012
2011
2010
2009
Dismissal
46 (13%)
61 (19%)
49 (14%)
50 (17%)
39 (16%)
Admonish
62 (18%)
48 (15%)
72 (21%)
63 (21%)
45 (19%)
Defer for Training
44 (12.5%)
33 (10%)
35 (10%)
60 (20%)
43 (18%)
Defer for More Information
9 (2.5%)
6 (2%)
Hear
189 (54%)
170 (54%)
192 (55%)
126 (42%)
112 (47%)
Total
350
318
348
299
239

22. 2013 2012 2011 2010 2009 Suspensions 29 38 41 81 Revocations 16 26 32
2013
2012
2011
2010
2009
Suspensions 29 38 41 81
Revocations 16 26 32 45 23
Total Agreed Orders
154
140
158
206
115
Final Orders
3 (3 permanent revocations)
4 (3 permanent revocations and 1 Order supporting Denial of Motion to Rescind)
8 (1 dismissing a KTIP appeal, 1 issuing admonishment w/ training, 1 dismissing, 1 barring further application for certification, and 4 permanent revocations)
12 (1 dismissing KTIP appeal, 1 issuing an admonishment, 1 denying reissuance of a certificate until completion of mental health assessment, 1 suspending the certificate for 20 days, 1 one year suspension, 1 two year suspension, and 6 orders permanently revocation)
6 (2 one year suspension and training, 3 revocations, and 1 4 day suspension)

23. Misconduct under KRS :
a) Convictions for felonies, certain misdemeanors, and any misdemeanor involving a student;
b) Having sexual contact with a student or a minor;
c) Committing any act that constitutes fraudulent, corrupt, dishonest, or immoral conduct;
d) Demonstrating willful or careless disregard for the health, welfare, or safety of others;
e) Physical or mental incapacity that prevents the educator from performing duties with reasonable skill, competence, or safety;
f) Possessing, using, or being under the influence of alcohol, which impairs the performance of duties;
g) Unlawfully possessing or unlawfully using a drug during the performance of duties;
h) Incompetency or neglect of duty; i) Falsifying information in an effort to obtain or renew a certificate; j) Failing to report misconduct; k) Failing to comply with an order of the EPSB; l) Violating any state statute relating to schools or the teaching profession; m) Violating the Professional Code of Ethics; n) Violating any administrative regulation promulgated by the EPSB or KDE; or o) Discipline from another licensing or certifying jurisdiction on grounds that constitute a violation in Kentucky

24. Professional Code of Ethics for Kentucky Certified School Personnel

25. Separated into three categories of Responsibilities:
To Students
To Parents
To the Education Profession

26. TO STUDENTS
Shall provide students with professional education services in a nondiscriminatory manner and in consonance with accepted best practice known to the educator.
Shall respect the constitutional rights of all students.
Shall take reasonable measures to protect the health, safety, and emotional well-being of students.
Shall not use professional relationships or authority with students for personal advantage.
Shall keep in confidence information about students which has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.
Shall not knowingly make false or malicious statements about students or colleagues.
Shall refrain from subjecting students to embarrassment or disparagement.
Shall not engage in any sexually related behavior with a student with or without consent, but shall maintain a professional approach with students. Sexually related behavior shall include such behaviors as sexual jokes; sexual remarks; sexual kidding or teasing; sexual innuendo; pressure for dates or sexual favors; inappropriate physical touching, kissing, grabbing; rape; threats of physical harm; and sexual assault.

27. TO PARENTS
Shall make reasonable effort to communicate to parents information which should be revealed in the interest of the student.
Shall endeavor to understand community cultures and diverse home environments of students.
Shall not knowingly distort or misrepresent facts concerning educational issues.
Shall distinguish between personal views and the views of the employing educational agency.
Shall not interfere in the exercise of political and citizenship rights and responsibilities of others.
Shall not use institutional privileges for private gain, for the promotion of political candidates, or for partisan political activities.
Shall not accept gratuities, gifts, or favors that might impair or appear to impair professional judgment, and shall not offer any of these to obtain special advantage.

28. TO THE EDUCATION PROFESSION
Shall exemplify behaviors which maintain the dignity and integrity of the profession.
Shall accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities.
Shall keep in confidence information acquired about colleagues in the course of employment, unless disclosure serves professional purposes or is required by law.
Shall not use coercive means or give special treatment in order to influence professional decisions.
Shall apply for, accept, offer or assign a position or responsibility only on the basis of professional preparation and legal qualifications.
Shall not knowingly falsify or misrepresent records of facts relating to the educator’s own qualifications or those of other professionals.

29. The Top Ten Ways to Lose your Certificate

30. #10: Breach of Contract
No teacher shall be permitted to terminate his or her contract within fifteen (15) days prior to the first instructional day of the school term at a school to which the teacher is assigned or during the school term without the consent of the superintendent A teacher shall be permitted to terminate his or her contract at any other time when schools are not in session by giving two (2) weeks written notice to the employing superintendent Upon complaint by the employing board or superintendent to the Education Professional Standards Board, the certificate of a teacher or superintendent terminating his contract in any manner other than provided in this section may be suspended for not more than one (1) year, pursuant to the hearing procedures set forth in KRS
KRS (1)

31. #9: Neglect of Duty Classroom management Communication with parents
Maintain required paperwork
Compliance with federal laws
Field trip policies and procedures
Acceptable Use Policies
Maintain best teaching practices

32. #8: Violation of State School Laws
Violating any state statute relating to schools or the teaching profession. KRS (1)(l)
Violating any administrative regulation promulgated by the Education Professional Standards Board or the Kentucky Board of Education. KRS (1)(n)
Redbook Violations
Testing Violations
Hiring Violations

33. #7: Harassment/Mistreatment of Fellow Teachers and Classified Staff
Inappropriate teasing or joking
Sending s with content that is not suitable for work
Unwanted physical contact
Creating a hostile work environment
Physical threats

34. #6: Breach of Confidentiality
Shall keep in confidence information about students which has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.
Shall keep in confidence information acquired about colleagues in the course of employment, unless disclosure serves professional purposes or is required by law.

35. #5: Verbal and Physical Assaults on Students
Shall respect the constitutional rights of all students.
Shall take reasonable measures to protect the health, safety, and emotional well-being of students.
Shall not knowingly make false or malicious statements about students or colleagues.
Shall refrain from subjecting students to embarrassment or disparagement.

36. #4: Falsifying an Application for Certification
Making, or causing to be made, any false or misleading statement or concealing a material fact in obtaining issuance or renewal of any certificate.
KRS (1)(i)

37. #3: Criminal Convictions
Being convicted of, or entering an "Alford" plea or plea of nolo contendere to, notwithstanding an order granting probation or suspending imposition of any sentence imposed following the conviction or entry of the plea, one (1) of the following: 1. A felony; 2. A misdemeanor under KRS Chapter 218A, 508, 509, 510, 522, 525, 529, 530, or 531; or 3. A misdemeanor involving a student or minor. KRS (1)(a)

38. #2: Drug and Alcohol Abuse
Possessing, using, or being under the influence of alcohol, which impairs the performance of duties. KRS (1)(f)
Unlawfully possessing or unlawfully using a drug during the performance of duties. KRS (1)(g)
Shall exemplify behaviors which maintain the dignity and integrity of the profession.

39. #1: Inappropriate Relationships with Students
Shall not engage in any sexually related behavior with a student with or without consent, but shall maintain a professional approach with students. Sexually related behavior shall include such behaviors as sexual jokes; sexual remarks; sexual kidding or teasing; sexual innuendo; pressure for dates or sexual favors; inappropriate physical touching, kissing, grabbing; rape; threats of physical harm; and sexual assault.

40. The Code of Ethics applies to educators in both the real world and the digital world.

41. Technology Violations
Electronic communication and social media can be effective tools when used cautiously and professionally.
Today many of the EPSB’s disciplinary cases have a digital media component to them.

42. Technology Violations
Neglect of Duty
Inappropriate Relationship with Students
Sexual Harassment
Breach of Confidentiality
Failure to Maintain the Dignity and Integrity of the Profession

43. Neglect of Duty Violations
ing students from home accounts
Instant messaging
Text messaging students
Communicating with students on social network sites

44. Student/Teacher Boundary Violations
ing students from home accounts
Text messaging students
Communicating with students on social network sites

45. Sexual Harassment
Teachers sending inappropriate s to other teachers
Administrators sending s to subordinates
Sending inappropriate content or s to parents

46. Confidentiality Violations
Release of Student Information in s
Allowing class to be recorded and posted on the web
Social Networking – pictures or names of students

47. Failure to Maintain the Dignity and Integrity of the Profession
Maintain professional boundaries in all forms of communication
Off duty conduct does matter

48. Practice Tips
The district should have policies in place for teachers if they want to use a site like Facebook or Twitter for class.
Set the page up through the district or school technology department.
Advise parents of the purpose of the site and get permission slips for students to become “friends.”
Make sure district administrators have access to all sites.
Managing the social media sites is just like managing behavior in the classroom.

49. Remember
Technology is constantly advancing and an educator has to stay current.
Keep up on the technological trends to stay ahead of potential abuses.
Always use the Code of Ethics as a framework to make behavioral decisions.

50. KRS
KRS requires all citizens (including student teachers) to report abuse, neglect, and dependency.

51. Questions?!?!

52. Contact Us
EPSB Division of Legal Services 100 Airport Road, 3rd Floor Frankfort, Kentucky Staff addresses: