Transcript FLORIDA EDUCATION STANDARDS COMMISSION

FLORIDA
EDUCATION
STANDARDS
COMMISSION
Professionalism Through Integrity
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

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
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
OBJECTIVES
5.
Guidelines

Understand the high moral
standards to which educators are
held
List activities that are not schoolrelated that could lead to charges of
ethical and conduct violations

PRE-TEST ANSWERS
PRE-TEST ANSWERS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
D
C
E
A
B
C
C
A
D
B
[1998-1999 EPC Data]
[Principles 3(e) & (h)]
[NEAT Process, s. 231.29(3)(d), F. S.]
[Principle 2 & s. 231.546(2)(c), F. S.]
[Principle 3(a)]
[s. 231.262, F. S.]
[Principle 3(a)]
[Principle 3]
[Principle 3(g)]
[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

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

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 reemployed 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
DISCUSS
how you would handle this case as an EPC panel
REPORT
on your groups’ conclusions
REVIEW
EPC action/decision
EXERCISE #1 CASES
1.
2.
3.
4.
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
DISCUSS
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 ExHusband
2. A Lost Temper
3. Domestic Violence
4. At Home Hobbies
5. Just A Little Help
1.
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

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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

1.
2.
3.
4.
5.
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.
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).