Transcript FLORIDA EDUCATION STANDARDS COMMISSION

FLORIDA
EDUCATION
STANDARDS
COMMISSION
Professionalism Through Integrity
OBJECTIVES
1.
The Code and Principles of
Professional Conduct
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
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
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
OBJECTIVES
3.
The Process

Describe What to Expect
OBJECTIVES
3.
The Process

Describe What to Expect
4.
Common Sense
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
OBJECTIVES
5.
Guidelines

Understand the high moral
standards to which educators are
held
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

AGENCY DESCRIPTIONS
 Education
(ESC)
Standards Commission
 24 educators and citizens
– Defines standards for
 teacher preparation programs
 entry-level teachers
 certification renewal
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
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
1.
As of September, 1998, 198,091
individuals held a State of Florida
Educator’s Certificate. What is the
percentage of educators with
adjudicated cases for violations of the
Principles of Professional Conduct and
other sections of Florida Law during the
1998-99 Fiscal Year?
a.
20 %
2%
1%
.2 %
b.
c.
d.
1.
As of September, 1998, 198,091
individuals held a State of Florida
Educator’s Certificate. What is the
percentage of educators with
adjudicated cases for violations of the
Principles of Professional Conduct and
other sections of Florida Law during the
1998-99 Fiscal Year?
a.
20 %
2%
1%
.2 %
b.
c.
d.
2.
It is generally held acceptable for a
teacher to date their students
a.
if the student is 18 years old or older.
if the student’s parent(s) consent in
writing.
after the student graduates from the
school system.
b.
c.
2.
It is generally held acceptable for a
teacher to date their students
a.
if the student is 18 years old or older.
if the student’s parent(s) consent in
writing.
after the student graduates from the
school system.
b.
c.
3.
If you are found to be deficient in your education
duties, the district must initiate which of the following:
a.
Provide written Notice to you that deficiencies exist.
The Notice must provide a thorough Explanation which
describes your unsatisfactory performance.
Provide Assistance to help you correct the deficiencies.
d. Provide Time (90 calendar days from the receipt of
the Notice) to correct all deficiencies noted.
All of the above.
You (the educator) may hope for the district to provide
any of the above, but you had best rely on yourself to
figure out what your deficiencies are and “fix” them
fast.
b.
c.
d.
e.
f.
3.
If you are found to be deficient in your education
duties, the district must initiate which of the following:
a.
Provide written Notice to you that deficiencies exist.
The Notice must provide a thorough Explanation which
describes your unsatisfactory performance.
Provide Assistance to help you correct the deficiencies.
d. Provide Time (90 calendar days from the receipt of
the Notice) to correct all deficiencies noted.
All of the above.
You (the educator) may hope for the district to provide
any of the above, but you had best rely on yourself to
figure out what your deficiencies are and “fix” them
fast.
b.
c.
d.
e.
f.
4.
Violations of The Principles of
Professional Conduct and other sections
of Florida Law shall subject the
individual’s Educator’s Certificate to
revocation or suspension or other
penalties as provided by law.
a.
True
False
Maybe
b.
c.
4.
Violations of The Principles of
Professional Conduct and other sections
of Florida Law shall subject the
individual’s Educator’s Certificate to
revocation or suspension or other
penalties as provided by law.
a.
True
False
Maybe
b.
c.
5.
Educators can be held liable for
a.
administering corporal punishment in
accordance with state law.
use of excessive force.
maintaining order in the classroom.
b.
c.
5.
Educators can be held liable for
a.
administering corporal punishment in
accordance with state law.
use of excessive force.
maintaining order in the classroom.
b.
c.
6.
Which standard of proof is used by the
Department of Education in taking action
against an Educator’s Certification?
a.
Criminal
Civil
Administrative
No standard of proof is required.
b.
c.
d.
6.
Which standard of proof is used by the
Department of Education in taking action
against an Educator’s Certification?
a.
Criminal
Civil
Administrative
No standard of proof is required.
b.
c.
d.
7.
According to The Principles of
Professional Conduct, it is generally held
acceptable for educators to drink socially
with their students
a.
If the student is still in the K - 12 school
system but over 21 years old.
If the drinking does not take place on
school grounds.
If the student is 21 years old or older
and not in the K - 12 school system.
None of the above.
b.
c.
d.
7.
According to The Principles of
Professional Conduct, it is generally held
acceptable for educators to drink socially
with their students
a.
If the student is still in the K - 12 school
system but over 21 years old.
If the drinking does not take place on
school grounds.
If the student is 21 years old or older
and not in the K - 12 school system.
None of the above.
b.
c.
d.
8.
Unethical and/or illegal conduct by
educators in their private lives
a.
is grounds for disciplinary action (which
may include action against the
certificate).
may lead to disciplinary action only if the
nature of the misconduct impairs the
educator’s effectiveness or
trustworthiness in the classroom.
is a private matter and not subject to
disciplinary action.
b.
c.
d.
8.
Unethical and/or illegal conduct by
educators in their private lives
a.
is grounds for disciplinary action (which
may include action against the
certificate).
may lead to disciplinary action only if the
nature of the misconduct impairs the
educator’s effectiveness or
trustworthiness in the classroom.
is a private matter and not subject to
disciplinary action.
b.
c.
d.
9.
Educators are explicitly forbidden from
discriminating against
a.
students based upon their sexual
orientation.
students based upon their handicapping
condition.
students based upon their age.
all of the above.
some of the above.
b.
c.
d.
e.
9.
Educators are explicitly forbidden from
discriminating against
a.
students based upon their sexual
orientation.
students based upon their handicapping
condition.
students based upon their age.
all of the above.
some of the above.
b.
c.
d.
e.
10. The Principles of Professional Conduct
stipulate that if an educator is arrested
for or charged with child abuse or the
sale and/or possession of a controlled
substance, the educator shall
a. keep the information to him or herself so
as to protect the integrity of the
education profession’s reputation.
b. shall self-report the arrest to appropriate
district authorities within 48 hours.
c. shall self-report to the Office of
Professional Practices Services within 48
hours.
d. resign immediately.
10. The Principles of Professional Conduct
stipulate that if an educator is arrested
for or charged with child abuse or the
sale and/or possession of a controlled
substance, the educator shall
a. keep the information to him or herself so
as to protect the integrity of the
education profession’s reputation.
b. shall self-report the arrest to appropriate
district authorities within 48 hours.
c. shall self-report to the Office of
Professional Practices Services within 48
hours.
d. resign immediately.
CODE OF ETHICS

6B-1.001, FAC., The Code of Ethics 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:
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
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
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
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
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’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
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)



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
A.
B.
C.
D.
Termination
Suspension
Probation & Sanctions
Nothing at all
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
A.
B.
C.
D.
Termination
Suspension
Probation & Sanctions
Nothing at all
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.
A.
B.
C.
D.
Mr. Rock and A Picture is Worth
Termination
Suspension
Probation & Sanctions
Nothing at all
1.

Mr. Rock and A Picture is Worth
The EPC permanently revoked Mr.
Rock’s certificate.
2.
A.
B.
C.
D.
Mr. Mason and Inappropriate Language
Termination
Suspension
Probation & Sanctions
Nothing at all
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.
A.
B.
C.
D.
Mr. Soucheck and Twenty Years Later
Termination
Suspension
Probation & Sanctions
Nothing at all
3.

Mr. Soucheck and Twenty Years Later
The Commissioner of Education did
not find probable cause.
4.
A.
B.
C.
D.
Mrs. Moore and Equal Opportunity Battery
Termination
Suspension
Probation & Sanctions
Nothing at all
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.
A.
B.
C.
D.
Mrs. Canning and Assault and
Battery of Ex-Husband
Termination
Suspension
Probation & Sanctions
Nothing at all
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.
A.
B.
C.
D.
Mr. Smith and A Lost Temper
Termination
Suspension
Probation & Sanctions
Nothing at all
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.
A.
B.
C.
D.
Mr. Knight and Domestic Violence
Termination
Suspension
Probation & Sanctions
Nothing at all
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.
A.
B.
C.
D.
Mr. Black and At-Home Hobbies
Termination
Suspension
Probation & Sanctions
Nothing at all
4.

Mr. Black and At-Home Hobbies
The EPC permanently revoked Mr.
Black’s certificate.
5.
A.
B.
C.
D.
Ms. Gardener and Just A Little Help
Termination
Suspension
Probation & Sanctions
Nothing at all
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-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.
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.

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
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

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.
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).