Transcript Florida Education Standards Commmission

FLORIDA
EDUCATION
STANDARDS
COMMISSION
___________________________
Professionalism Through Integrity
WELCOME
• SIT
-in groups of 5-10
-Get Acquainted !
• READ
-Just One Thing After
Another
OR
-Ms. Jones and Her
Relationships
• DISCUSS
-the ethical problems
-how you might behave
if this occurred at your
school
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 school-related that
could lead to charges of
ethical and conduct
violations
AGENDA
Opener
Written Case and Discussion
Purpose/Objectives for the
Session
Agenda for the Session
Pre-Test and Discussion
Participants’ Issues and
Questions
AGENDA
Agency Description
Overview of the Code and the
Principles
EPC Action/Findings:
Mr. Jones Case and Ms. Jones Case
AGENDA
Exercise #1
- Read, Discuss and Analyze
- Principles Violated
Exercise # 2
-
Read, Discuss, and
Analyze
EPC Action
Reaction and Discussion
AGENDA
Exercise # 3
-
Read, Discuss, and Analyze
EPC Action
Reaction and Discussion
So What!
Guidelines and Common Sense
-
Looking to yourself to
avoid problems
AGENDA
Closing Remarks
Unanswered Questions
Adams and Tomerlin
Cases
INTRODUCTION
OF
PARTICIPANTS
PRE-TEST ANSWERS
PRE-TEST ANSWERS
1.
D
[1998-1999 EPC Data]
2.
C
[Principles 3(e) & (h)]
3.
E
[NEAT Process,
s. 1012.34(3)(d), F. S.]
4.
A
[Principle 2 & s.
1012.795(1)(i), F. S.]
5.
B
[Principle 3(a)]
PRE-TEST ANSWERS
6.
C
[s. 1012.796, F. S.]
7.
C
[Principle 3(a)]
8.
A
[Principle 3]
9.
D
[Principle 3(g)]
10. B
[Principle 5(m)]
PARTICIPANTS’
ISSUES
AND
QUESTIONS
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
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 judgement
-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
FLORIDA STATUTES
Section 1012.79 Education Practices
Commission (EPC)
Section 1012.795 EPC Authority to Discipline
Section 1012.796 Complaints against Teachers
and Administrators; Procedure; Penalties
Section 1012.798 Recovery Network Program
Section 1012.34 Assessment Procedures
Section 1012.33 Contracts with Instructional
Staff, Supervisors, and Principals
Section 1000.01(5)(a)8 Education Standards
Commission (ESC)
CASE DECISIONS
-Mr. Jones and Just One
Thing After the Other
-Ms. Jones and Her
Relationships
CASE DECISIONS
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.
CASE DECISIONS
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
SIT
READ
DISCUSS
FIND
DISCUSS
REPORT
REVIEW
-in groups of five to ten
-your assigned cases
-the case and decide what
action would be
appropriate
-the Principles that were
violated
-how you would handle
this case as an EPC
panel
-on your groups’
conclusions
-EPC action/decision
EXERCISE #1 CASES
1.
2.
3.
4.
5.
6.
7.
8.
A Picture Is Worth . . .
If the Sixth Time You Don’t
Succeed
Inappropriate Language
Kiss and Tell
A Mother’s Word
Under 21- Twenty Years Later
Misdirected Love
Equal Opportunity Battery
CASE DECISIONS
FROM EXERCISE
#1
1. Mr. Rock and A
Picture is Worth
The EPC permanently
revoked Mr. Rock’s
certificate.
2. Mrs. Trillum and the
Sixth Time
The EPC upheld the denial of Mrs.
Trillum’s certificate for two years
or until she successfully passed the
CLAST exam or completed the
CLAST alternatives as provided in
statutes. She was also placed on
three years probation after she
obtains her Florida Educator’s
Certificate and employment.
3. 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 inservice training on both
Classroom Management and
Appropriate Language to students.
4. Mr. Navarre and Kiss
and Tell
Mr. Navarre surrendered
his certificate and EPC
permanently revoked it.
5. Mr. Harrison and A
Mother’s Word
The EPC gave Mr. Harrison a letter
of reprimand. He was required to
provide written verification from
his supervisor that he has reviewed
and is familiar with his employing
School Board’s testing policies. He
continues to be employed in the
school district.
6. Mr. Soucheck and
Twenty Years Later
The Commissioner of
Education did not find
probable cause.
7. Coach Buckmaster
and Misdirected Love
Mr. Buckmaster
surrendered his
certificate which the EPC
permanently revoked.
8. 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
SIT
-in groups of five to ten
READ
-your assigned cases
FIND
-the element of the
Principles that was
violated
DISCUSS
-how you would handle
this case as an EPC
panel
REPORT
-on your groups’
conclusions
REVIEW
-EPC action/decision
EXERCISE #2 CASES
1.
2.
3.
4.
5.
6.
7.
8.
Assault and Battery on ExHusband
A Lost Temper
Private Acts in Public Places
Domestic Violence
At Home Hobbies
Just A Little Help
Teacher Takes a Hit and a Hike
Ms. Hartson and Her Anger
CASE DECISIONS
FROM EXERCISE
#2
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 inservice
training in Classroom Management
within a year.
3. Mr. Grant and Private
Acts in Public Places
The EPC put Mr. Grant on three
years of probation and a letter of
reprimand was placed in his file.
He was ordered to obtain written
verification from the Recovery
Network Program that he poses no
threat to students.
4. 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 Domestice
Violence Prevention and Anger
Control.
5. Mr. Black and AtHome Hobbies
The EPC permanently
revoked Mr. Black’s
certificate.
6. 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 inservice
equivalent program on Ethics.
7. Mr. Rosselli and a Hit
and a Hike
The EPC placed Mr. Rosselli on one
year probation and a letter of
reprimand was placed in his file.
He was required to complete a
three credit hour college course or
60 inservice hours in Classroom
Management and Appropriate
Discipline Techniques.
8. Mrs. Hartson and Her
Anger
The EPC placed Mrs. Hartson on
three years probation and a letter
of reprimand was placed in her file.
She was required to take a
psychological evaluation, and to
complete prescribed treatment.
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)
WHAT TO EXPECT
EPC makes final order, which
can be appealed to District
Court
-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.
N-E-A-T PROCESS
S. 1012.34(3)(d), F.S., explains the
“NEAT” process
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 reason able 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 1012.33, Florida Statutes,
describes circumstances for “just
cause” dismissal from district
employment
Section 1012.795, Florida Statutes,
describes causes for disciplinary
actions taken against a teacher’s
certificate
REVOCATION
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:
1.
Misconduct in Office
2.
Incompetence
3.
Gross Insubordination
4.
Willful Neglect of Duties
5.
Conviction of a Crime of Moral
Turpitude
HOW TO USE
COMMON SENSE
MANY PROBLEMS
EDUCATORS
ENCOUNTERED COULD
HAVE BEEN AVOIDED IF
THEY USED SOME
COMMON SENSE AND
RATIONAL JUDGEMENT
A.
Interaction with Students
1.
2.
3.
4.
5.
Maintain a professional barrier
Keep the classroom door open
Do NOT Flirt or joke with students
Do NOT discuss your personal life
Coordinate transportation issues
with principal/supervisor
Avoid leaving your students alone
Keep your hands and body to yourself
Know policies and laws governing
corporal punishment and use of
reasonable force
Chaperon only school sponsored events
Do NOT telephone students or write
them notes of a personal nature
Do not harass students
6.
7.
8.
9.
10.
11.
B.
Record Keeping and
Accounting Procedures
1.
2.
3.
4.
5.
Know laws, policies, and school rules
Know your rights
Know policies about money/finances
Establish a grading system
Establish behavior management rules
C.
Reputation in the Community
1.
Keep your co-workers and supervisor
informed
Communicate with parents and
document your communication
Dress and act appropriately
Avoid indefensible behaviors/actions
Maintain a professional reputation
2.
3.
4.
5.
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).
UNANSWERED
QUESTIONS
EVALUATION
FRAMEABLE CODE
Thank you, you were a great
group.