Transcript The Code of Ethics and Principles of Professional Conduct

The Code of Ethics
and
Principles of Professional
Conduct
Heartland Educational Consortium
Office of Professional Development
Dr. Debra Elliott-Director
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WORKSHOP OBJECTIVES
Participants will:
 understand the three essential elements of The
Code of Ethics;
 learn their obligations to the student, the public,
and the profession from the Principles of
Professional Conduct;
 understand why educators are held to a higher
moral standard;
 learn the functions and services of the Bureau of
Professional Practices Services and the
Education Practices Commission.
 learn about SB 1712, (Ethics in Education Act)
as of July 1, 2008.
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Code of Ethics
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.
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The Code of Ethics and The
Principles of Professional Conduct
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Apply to all certificated (professional or
temporary) educators in the state of
Florida
Apply to holders of instructional and/or
administrative certificates
Apply to applicants for Florida certificates
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Principles of Professional Conduct

Three Categories of Professional Conduct
Addressed in the Code of Conduct
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Obligations to Students
Obligations to the Public
Obligations to the Profession
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Principles of Professional Conduct
Obligations to the Student
The educator will:
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commit to academic openness, fairness,
honesty, and objectivity to students and the
learning material,
avoid harassment of, embarrassment of, or
discrimination against students
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Principles of Professional Conduct
Obligations to the Public
The educator will:
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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, and
avoid using their professional position for
personal gain or advantage.
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Principles of Professional Conduct
Obligations to the Profession
The educator will:
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respect and be fair to colleagues,
report alleged violations of state or local school board
rules by other educators,
avoid misrepresenting qualifications or assisting
unqualified personnel to gain or continue employment in
the profession, and
self-report within 48 hours to appropriate authorities
ANY arrest or charges involving the abuse of a child, or
the sale and/or possession of a controlled substance.
(Principles of Professional Conduct (5m))
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Violation of any of these principles
shall subject the individual to
revocation or suspension of the
individual educator's certificate, or
the other penalties as provided by
law.
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4 Key Areas to Consider
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Interaction with Students
Record Keeping and Accounting
Procedures
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Grading Procedures
Classroom Behavioral Procedures
Collection of Funds
Internet, E-mail, and new technologies
Reputation in the Community
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Interaction with Students
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Maintain a professional barrier between you and
students. You are the adult, the teacher, and the
professional; act like the expert and not like
another one of the “kids.”
Keep the classroom door open when talking with
individual students.
Refer students to the appropriate resource
person for counseling and/or discussions about
personal matters.
Be VERY careful as you fulfill your
responsibilities of maintaining discipline in your
classroom and other areas of the school.
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Do NOT flirt with students.
Do NOT discuss your personal life or
personal matters with students. Do NOT
discuss your husband, wife, girlfriend,
boyfriend, or dates with students.
When transporting students, coordinate
transportation ahead of time, and use
school or mass transportation if possible.
If you must transport a student in your
vehicle, ask a co-worker to accompany
you.
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Avoid leaving your students unsupervised;
have an alternate plan of action.
Keep hands and other parts of your body
to yourself.
Use verbal praise and reinforcement.
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Know your school policies and district and
state laws governing corporal punishment.
Establish and follow a consistent behavior
plan. Treat each student with respect. Know
the student’s rights.
If you, as a School Board employee,
chaperone a field trip…
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DO NOT drink alcoholic beverages in front of
students
DO NOT smoke in front of students
DO NOT take children home with you
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Do NOT make telephone calls or write
notes of a personal nature to students.
Do not harass students; respect their
differences. What you intend as humor
may, in fact, be cultural bias or
harassment.
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Use common sense and good judgment.
Ask yourself how someone else could
perceive your comments or actions. Ask
yourself if your comments or actions could
be taken out of context and/or
misinterpreted.
Avoid putting yourself in a position where
you have to defend, explain, or justify your
behavior or actions. Avoid putting yourself
in a position where it’s your word against
another person’s word.
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Personal communications with students
before, during , or after school hours is in
violation of school board policy in many
school districts.
Maintain a professional reputation in the
community.
When you “party,” be discreet.
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Record Keeping and Accounting
Procedures
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Know the laws, school board policies, and
school rules and follow them. Know your
responsibilities.
Know your school policies, district, and
state laws regarding collecting money,
purchasing materials and equipment, and
follow them. Work in pairs when collecting
large amounts of money.
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Establish a policy regarding your grading system
consistent with school and district policies,
where applicable. Give a written explanation of it
to students and parents at the beginning of the
year or when they begin your class or unit of
instruction.
Establish a policy regarding your behavioral
management system. Get it approved by
administration. Give a written explanation of it
to students and parents at the beginning of the
year or when they begin your class unit of
instruction.
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Follow school board policy on sick and
travel leave. Using a sick day for “a day at
the beach” is FRAUD!
Fill out appropriate forms in a timely
manner.
Do not use school board equipment at
home UNLESS you have permission and
you have followed policy.
Misuse of school board equipment is a
violation of district policy.
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Email
E-Mail Communications
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Florida’s Open Government Laws provide that, with
few exemptions, school e-mail is public.
Think about those “fun” e-mails you receive and
forward to your friends. You should not be using your
work computer for these types of emails.
Consider what your e-mail will sound like when it is
the headline of the local paper, or if it were to be
placed on a billboard.
Remember that those reading it will not be looking at
it the same way as you did.
The district email system should not be used for
personal, political, or editorial use.
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Internet
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Know what your school board policies are
concerning Internet use.
Know IF and WHEN you can use Internet
for personal use.
FOLLOW YOUR SCHOOL BOARD
POLICIES.
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Web Sites/Text Messages
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Myspace.com and Facebook.com
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Your exploits are open to the community and
your students.
Posting student pictures on a My Space /
Facebook page violates school board policy in
many districts.
Do NOT text message students.
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Blogs
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A blog that libels someone may affect your
employment.
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What you publish determines how the
community views you.
What you write about can affect your career.
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Court Rulings
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Two court cases have upheld the
standards put forth in the Code of Ethics
and Principles of Professional Conduct.
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The first case is Tomerlin v. Dade County
School Board heard in 1975 by the Florida
First District Court of Appeals.
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Court Rulings
“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 (sic)
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 County School Board, 318 So.2nd 159
(Fla 1st DCA 1975).
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The second case is Adams v. State of
Florida Professional Practices Council
heard in 1981 by the Florida First District
Court of Appeals.
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“…it should be noted that educators are
held to a more rigorous moral standard
than other professionals because of their
role in educating children. By virtue of
their leadership capacity, teachers are
traditionally held to a high moral standard
in the community.”
406 So.2nd 1170 (Florida 1st DCA 1981)
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Two (2) offices in DOE are given authority, in
statute, to discipline and investigate teachers’
misconduct.
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Bureau of Professional Practices Services
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Education Practices Commission
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Division of Educator Quality
Bureau of Professional Practices Services
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Is the department that has the authority to investigate
claims of educator misconduct and prosecute those
individuals who are found to have violated the Code of
Ethics or Principles of Professional Conduct.
Education Practices Commission
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Is the final hearing agency involved in Florida Educator
Certification disputes.
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Just Cause
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In addition to decisions made by the
Education Practices Commission, Florida
Statutes allow districts to discipline personnel
up to and including dismissal for just cause.
Grounds for termination of instructional
personnel now includes “immorality” (new
law) as well as “gross immorality” (old law).
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Just Cause
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SB 1712 now requires showing “gross
immorality or an act involving moral
turpitude” to impose discipline against an
educator’s certificate.
Disqualifying offenses under 1012.315.
As a result, the disciplinary actions of
districts may go above and beyond those
of the Education Practices Commission.
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Your “Personal” Life
Matters
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Extra! Extra! Read All About It!
Tallahassee-
Local Educator Loses Teaching Certificate
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Headlines
Debra LaFave
Provocative Pictures Of Sex-Arrest Teacher Surface Teacher
Accused Of Sex With 14-Year-Old Student
TAMPA -- Provocative pictures
of a Tampa-area middle school
teacher accused of sex with a
student have surfaced on the Internet.
Reading teacher Debra Beasley LaFave,
23, is a newlywed who is accused of
having intercourse with and performing
oral sex on a 14-year-old student at
Greco Middle School several times.
The pictures were reportedly taken
when LaFave was modeling as
an 18-year-old.
LaFave was released from the Hillsborough County Jail after posting
$5,000 bail.
Her bail was reduced from $15,000.
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Stephanie Ragusa
New sex charges for Tampa teacher
HILLSBOROUGH COUNTY -Stephanie Ragusa, a teacher accused of having
sex with two of her students, has been arrested
for a third time.
The 28-year-old was arrested and booked into
Orient Road Jail Monday afternoon on two
counts of unlawful sexual activity with a minor.
According to reports, Ragusa was caught
in the act with a boy she is accused of having
sex with before.
Ragusa was first arrested on March 13th,
for having sex with a 14-year-old boy.
She was arrested for a second time on April 15th for having sex with another student.
Ragusa was a teacher at Davidson Middle School, in Tampa.
ABC Action News-4/28/2008
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Heidi Sweet
Penalties very harsh for teachers caught in FCAT cheating limbo
By BILL KACZOR
THE ASSOCIATED PRESS
TALLAHASSEE –
Teacher Heidi Sweet says she put pencil
marks next to questions some fifth-graders
had skipped or gotten wrong while taking
Florida's high-stakes standardized test to
encourage them to try again.
It was a career-ending mistake.
She is one of 50 Florida teachers, counselors
and administrators the state has disciplined
in the past 10 years for cheating or making errors in giving the FCAT used to
grade public schools and students, as well as other exams, according to files
obtained from the state Education Department through a public records request.
"This is like a warning to all you teachers out there -- don't mess with
that FCAT," said Sweet, who taught for 25 years.
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Lesson on explosives gets teacher arrested
By Amy C. Rippel
The Orlando Sentinel
Thursday, February 17, 2005
ORLANDO, Fla. — A Florida high-school chemistry teacher was arrested this week
after students told authorities he taught his class how to make explosives, the
Orange County Sheriff's Office said.
David Pieski, 42, a teacher at Freedom High School for two years, used an overhead
projector in his classroom to give students detailed instructions in bomb-making,
including advising them to use an electric detonator to stay clear from the blast,
according to an arrest report Monday.
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Headlines
2nd Teacher Arrested for Allegedly Taking Bribes from Students
(April 7, 2006)
Pensacola-Another middle school teacher has been arrested for allegedly letting
students skip gym class in exchange for a bribe. Police in Pensacola, Florida
say Tamara Tootle turned herself in yesterday and faces six counts of
bribery.
Panhandle Teacher of Boy Killed in Traffic To Be
Fired (October 30, 2003)
Crestview-The teacher of a kindergartener who was run over and killed after
sneaking out of school will be recommended for firing unless she resigns, an
Okaloosa County School District official said Thursday.
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Matthew Herman
SYSTEM LETS ABUSIVE TEACHERS BACK IN
CLASSROOM
By CHRIS DAVIS, MATTHEW DOIG AND TIFFANY LANKES
STAFF WRITERS
Matthew Herman has a problem. But it isn't
finding a job.
For three years at South Broward High,
the teacher subjected teen girls to his sexual
aggression, state records show.
In all, state Department of Education officials
investigated 20 allegations described by a
half-dozen girls. Records show they believed
every one.
Everglades High School science
teacher Matthew Herman, received
complaints from six female students.
March 18, 2007
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Headlines
State considers changing regulation of teacher
misconduct June 19, 2007
By Tiffany Lankes
A two-year investigation into Florida’s system of regulating
teachers in March revealed how widespread leniency,
outdated investigative procedures and inexperienced
investigators had allowed dozens of physically and
sexually abusive teachers to remain in the classroom.
The state Board of Education decided Tuesday to move
forward with sweeping changes that could rewrite how
Florida regulates teachers who abuse their students or
commit other professional misconduct.
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Senate Bill 1712
Ethics in Education Act
July 1, 2008
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Was created as a result of headlines
involving teachers misconduct with
students
Is complex legislation that touches every
school board employee
Changes the way we do business
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Duties of School Board Officials
Under SB 1712
Each elected or appointed school board official
forfeits his/her salary for one year if he/she:
 Knowingly signs and transmits a report of alleged
misconduct which affects the health, safety,
welfare of a student and the school board official
knows the report to be false or incorrect; or
 Knowingly fails to adopt policies that require
personnel to report and investigate misconduct.
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School Board Policies
Under SB 1712
DOE currently is compiling a model policy and is soliciting input
from districts.
District policies must at a minimum:
 Establish ethical standards for instructional personnel and
administrators; and the duties for personnel to uphold the
standards;
 Require instructional and administrative staff to complete
trainings on the standards;
 Establish the duty of instructional personnel and school
administrators to report alleged misconduct of instructional
personnel or school administrators;
 Establish the detailed procedures for reporting;
 Include an explanation of the liability protections pursuant to
S 39.203, F.S. or S 768.095;
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Duties of the Superintendent
Under SB 1712
Each superintendent has an affirmative duty to:
 Investigate alleged misconduct by instructional personnel or
school administrators;
 Report legally sufficient allegations of misconduct of
certified educators to the Office of Professional Policies; and
 Submit true and accurate reports.
If a superintendent knowingly fails in this duty, he/she forfeits
their salary for one (1) year.
 Superintendent must ensure that employment history
checks are completed for the positions regarding direct
contact with students
 Superintendent is charged with knowledge of policies and
procedures and is accountable for the training of all
instructional personnel and school administrators on the
standards of ethical conduct, policies and procedures.
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Duties of the Superintendent
Under SB 1712
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Provide notice to all employees that they have a duty to
identify and report teacher misconduct.
Provide notice to all employees that they have a duty to
report actual and suspected cases of child abuse,
abandonment or neglect to DCF.
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Duties of District
Under SB 1712
Employment screening must include:
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PPS database of Discipline action
Teacher certification database
Reference check from candidates’ previous employers.
Documentation results from each step in employment
screenings. (Including not being able to locate or find)
Criminal background screening every five (5) years.
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Duties of District under SB 1712
The District will disqualify candidates for
employment in any position that requires direct
contact with students if they:
have been convicted of a disqualifying offense
under Section 1012.35 F.S. or;
 have been convicted of a “crime of moral
turpitude” as defined by SB Rule (further
rulemaking will be done on this).
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District is now required to report to DOE/PPS.
District policies must state to whom teachers
and principals report.
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District Duties
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Establish policies and procedures for screening, hiring,
and terminating instructional personnel and school
administrators;
Prohibit confidentiality agreement regarding instructional
personnel or school administrators who are terminated,
dismissed, or resign in lieu of termination;
Establish the requirement for the reassignment of
instructional personnel or school administrators pending
the closure of a misconduct investigation;
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Duties of Administrators
Under SB 1712
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When hiring new personnel, the candidates’ previous
employers must be contacted; school based administrator or
district personnel must document efforts to contact the
employers.
Post on school website and in a prominent place within the
school and district, the policies and procedures for reporting
misconduct, the contact person to whom a report should be
made, and the penalties for failure to report misconduct and
abuse.
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Duties of Employees
Under SB 1712
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All employees and agents of the district school board
have a duty to report all actual or suspected cases of
child abuse, abandonment, or neglect to the Dept. of
Children and Families (DCF)
Must provide all previous employment information when
applying for a position-No Gaps (New Law as of July 1,
2008)
All employees and agents of the district school board
have a duty to identify and report cases of teacher
misconduct. (New law as of July 1, 2008)
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Identifying
&
Reporting Professional
Misconduct
Report Disqualifying Offenses
(F.S. 1012.315)
“Teaching is the profession that
teaches all the other professions.”
Author Unknown
Florida Department of Education
Office of Professional Practices Services
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Be A Leader
 Listen
 Evaluate
 Act
immediately
 Document
 Encourage
 Report
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According to the courts…
As Educators and in our positions…
 We have influences over our students
 We hold a position of trust.
 We are expected to know what is right &
wrong.
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Remember…
“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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Be A Leader
 Listen
 Evaluate
 Act
immediately
 Document
 Encourage
 Report
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Acknowledgements
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Florida Department of Education
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Division of Educator Quality
 Pamela Stewart
Deputy Chancellor for Educator Quality

Bureau of Professional Practices Services
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Marian Lambeth, Chief
Hillsborough School District
HEC Districts
DeSoto, Glades, Hardee, Hendry,
Highlands, and Okeechobee
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Jan McKibben and Mary Farr
Florida Newspapers
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DOE Contacts
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Mari “Miki” Presley-Deputy General Council
Phone: 850-245-0443
Email: [email protected]
Marian W. Lambeth-Bureau Chief
Office of Professional Practices Services
Phone: 850-245-0438
[email protected]
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Local Contacts
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Principal
Assistant Principal
Human Resources/Personnel
Deputy/Assistant Superintendent
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Handouts
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Tri-fold Brochure-Code of Ethics and
Principals of Professional Conduct
Tri-fold Brochure-Identifying and
Reporting Professional Misconduct
Child Abuse Information
Disqualifying Offenses
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