Professionalism Through Integrity FLORIDA EDUCATION STANDARDS COMMISSION

Professionalism Through Integrity

FLORIDAFLORIDAEDUCATIONEDUCATIONSTANDARDSSTANDARDSCOMMISSIONCOMMISSION

OBJECTIVESOBJECTIVES

1.1. The Code and Principles of The Code and Principles of Professional ConductProfessional Conduct

Understand the three essential Understand the three essential elements of the Code of Ethics of elements of the Code of Ethics of the education profession in Floridathe education profession in Florida

Discuss obligations to the student, Discuss obligations to the student, the public and the professionthe public and the profession


2.2. The System and StructureThe System and Structure

Understand the different roles Understand the different roles of the Education Standards of the Education Standards Commission, the Professional Commission, the Professional Practices Services and the Practices Services and the Education Practices CommissionEducation Practices Commission


3.3. The ProcessThe Process

Describe What to Expect

4.4. Common SenseCommon Sense

List appropriate steps to take:List appropriate steps to take:– during interactions with students– during record keeping and accounting

while in the community


5.5. GuidelinesGuidelines

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

PRE-TEST PRE-TEST ANSWERSANSWERS

PRE-TEST ANSWERSPRE-TEST ANSWERS1.1. DD [1998-1999 EPC Data][1998-1999 EPC Data]

2.2. C C [Principles 3(e) & (h)][Principles 3(e) & (h)]

3.3. EE [NEAT Process, s. 231.29(3)(d), F. [NEAT Process, s. 231.29(3)(d), F. S.] S.]

4.4. A A [Principle 2 & s. 231.546(2)(c), F. S.][Principle 2 & s. 231.546(2)(c), F. S.]

5.5. B B [Principle 3(a)][Principle 3(a)]

6.6. CC [s. 231.262, F. S.][s. 231.262, F. S.]

7.7. CC [Principle 3(a)][Principle 3(a)]

8.8. A A [Principle 3][Principle 3]

9.9. DD [Principle 3(g)][Principle 3(g)]

10.10. BB [Principle 5(m)][Principle 5(m)]

AGENCY DESCRIPTIONSAGENCY DESCRIPTIONS

Education Standards Commission (ESC)Education Standards Commission (ESC) 24 educators and citizens24 educators and citizens

– Defines standards forDefines standards for teacher preparation programsteacher preparation programs entry-level teachersentry-level teachers certification renewalcertification renewal

Education Practices Commission (EPC)Education Practices Commission (EPC) 17 educators and citizens17 educators and citizens

– Interprets and applies standardsInterprets and applies standards Orders disciplinary actions regarding certificatesOrders disciplinary actions regarding certificates

Professional Practices Services (PPS)Professional Practices Services (PPS) Investigates allegations of violations of the Principles and Investigates allegations of violations of the Principles and

s. 1012.795, F.S. (formerly s. 231.2615, F.S.)s. 1012.795, F.S. (formerly s. 231.2615, F.S.)

Overview of Overview of The Code Of Ethics The Code Of Ethics and The Principles and The Principles

of Professional of Professional Conduct Conduct

of the Education of the Education Profession in Profession in

FloridaFlorida

CODE OF ETHICSCODE OF ETHICS 6B-1.001, FAC., The Code of Ethics of the 6B-1.001, FAC., The Code of Ethics of the

Education Profession in Florida.Education Profession in Florida.

The educator values:The educator values:– the worth and dignity of every personthe worth and dignity of every person– the pursuit of truththe pursuit of truth– devotion to excellencedevotion to excellence– acquisition of knowledgeacquisition of knowledge– the nurture of democratic citizenshipthe nurture of democratic citizenship

The educator’s primary professional The educator’s primary professional concern will always be for the student and concern will always be for the student and the development of the student’s potential.the development of the student’s potential.

The educator strives to achieve and sustain The educator strives to achieve and sustain the highest degree of ethical conduct.the highest degree of ethical conduct.

PRINCIPLES OF PRINCIPLES OF PROFESSIONAL PROFESSIONAL

CONDUCTCONDUCT 6B-1.006, FAC., The Principles of 6B-1.006, FAC., The Principles of Professional Conduct of the Education Professional Conduct of the Education Profession in FloridaProfession in Florida

Obligations toObligations to– The StudentThe Student– The PublicThe Public– The ProfessionThe Profession

Obligation to the StudentObligation to the Student

The educator will:The educator will:

– commit to academic openness, commit to academic openness, fairness, honesty, and objectivity to fairness, honesty, and objectivity to students and the learning materialstudents and the learning material

– avoid harassment, embarrassment avoid harassment, embarrassment or discrimination against studentsor discrimination against students

Obligation to the PublicObligation to the Public


– distinguish between personal views distinguish between personal views and the views of the educational and the views of the educational institution with which the educator institution with which the educator is affiliatedis affiliated

– refuse to accept gifts or favors refuse to accept gifts or favors which will influence professional which will influence professional judgmentjudgment

– avoid using professional position avoid using professional position for personal gain or advantagefor personal gain or advantage

Obligation to the ProfessionObligation to the Profession


– respect and be fair to colleaguesrespect and be fair to colleagues– report alleged violations of state or report alleged violations of state or

local school board rules local school board rules – avoid misrepresenting avoid misrepresenting

qualifications or assisting qualifications or assisting unqualified personnel to gain or unqualified personnel to gain or continue employment in the continue employment in the professionprofession

The “Law” and the “EPC”The “Law” and the “EPC”

Education Practices CommissionEducation Practices Commission– Probable CauseProbable Cause– SanctionsSanctions

WHAT TO EXPECTWHAT TO EXPECT Complaint is filed with the Office of Complaint is filed with the Office of

Professional Practices Services (PPS)Professional Practices Services (PPS)

Report is prepared and reviewedReport is prepared and reviewed

Either probable cause or no probable cause Either probable cause or no probable cause is recommended to the Commissioneris recommended to the Commissioner

If no probable cause, case closedIf no probable cause, case closed If probable cause, complaint is made and filed with If probable cause, complaint is made and filed with

the Education Practices Commission (EPC)the Education Practices Commission (EPC)

Educator has 20 days to respondEducator has 20 days to respond– surrender certificatesurrender certificate– no response leads to defaultno response leads to default– contest allegationscontest allegations– request mitigationrequest mitigation

– Hearings follow (except for surrender)Hearings follow (except for surrender)

EPC makes final order, which can be EPC makes final order, which can be appealed to District Courtappealed to District Court

Possible Sanctions:Possible Sanctions:

revoke certificaterevoke certificate suspend certificatesuspend certificate letter of reprimandletter of reprimand fine up to $2000 per count/offense limit fine up to $2000 per count/offense limit

scope of practicescope of practice deny issuance or endorsementdeny issuance or endorsement conditional issuance of appropriate conditional issuance of appropriate

certificatecertificate ProbationProbation stipulation or settlement agreementstipulation or settlement agreement

STANDARDS OF PROOFSTANDARDS OF PROOF The petitioner has the burden of proving The petitioner has the burden of proving

allegations by CLEAR and CONVINCING allegations by CLEAR and CONVINCING EVIDENCEEVIDENCE

This is more than the “preponderance of This is more than the “preponderance of evidence” (used in civil cases) and less than evidence” (used in civil cases) and less than “beyond a reasonable doubt” (criminal “beyond a reasonable doubt” (criminal cases)cases)

Evidence must be credibleEvidence must be credible

STANDARDS OF PROOFSTANDARDS OF PROOF Facts of witness must be distinctly Facts of witness must be distinctly

rememberedremembered Testimony must be precise and explicitTestimony must be precise and explicit Witnesses must not be confusedWitnesses must not be confused Evidence must lead to firm belief or Evidence must lead to firm belief or

conviction that the allegations are true.conviction that the allegations are true.

CASE DECISIONSCASE DECISIONS Mr. Jones and Just One Thing Mr. Jones and Just One Thing

After the OtherAfter the Other

Ms. Jones and Her RelationshipsMs. Jones and Her Relationships

Mr. Jones and Just One Thing After Mr. Jones and Just One Thing After the Otherthe Other

The EPC put Mr. Jones on two years The EPC put Mr. Jones on two years probation. He was to submit quarterly probation. He was to submit quarterly reports of his performance and to serve fifty reports of his performance and to serve fifty hours of community service in a location of hours of community service in a location of his choice. He completed the community his choice. He completed the community service and completed three performance service and completed three performance reports which got to EPC late. A certified reports which got to EPC late. A certified letter informing him that his reports were letter informing him that his reports were overdue came back address unknown. It overdue came back address unknown. It was subsequently learned that Mr. Jones was subsequently learned that Mr. Jones failed to show up for work one morning and failed to show up for work one morning and the school was unable to locate him.the school was unable to locate him.

Ms. Jones and Her Ms. Jones and Her RelationshipsRelationships

Ms. Jones resigned. Education Ms. Jones resigned. Education Practices Commission revoked her Practices Commission revoked her certificate for ten years and certificate for ten years and established a five-year probationary established a five-year probationary period once she is re-employed as a period once she is re-employed as a certificated educator.certificated educator.

EXERCISE #1EXERCISE #1 READREAD

your assigned casesyour assigned cases DISCUSSDISCUSS

the case and decide what action would be the case and decide what action would be appropriateappropriate

FINDFIND

the Principles that were violatedthe Principles that were violated DISCUSSDISCUSS

how you would handle this case as an EPC how you would handle this case as an EPC panelpanel

REPORTREPORT

on your groups’ conclusionson your groups’ conclusions REVIEWREVIEW

EPC action/decisionEPC action/decision

EXERCISE #1 CASESEXERCISE #1 CASES

1.1. A Picture Is Worth . . .A Picture Is Worth . . .

2.2. Inappropriate LanguageInappropriate Language

3.3. Under 21- Twenty Years Under 21- Twenty Years LaterLater

4.4. Equal Opportunity BatteryEqual Opportunity Battery

1.1. Mr. Rock and A Picture is Mr. Rock and A Picture is WorthWorth

The EPC permanently revoked The EPC permanently revoked Mr. Rock’s certificate.Mr. Rock’s certificate.

2.2. Mr. Mason and Inappropriate Mr. Mason and Inappropriate LanguageLanguage

Mr. Mason’s certificate was revoked for six Mr. Mason’s certificate was revoked for six years. Upon employment, he is to serve years. Upon employment, he is to serve two years of probation, join the Recovery two years of probation, join the Recovery Network Program, and complete three Network Program, and complete three hours of college level courses or in-service hours of college level courses or in-service training on both Classroom Management training on both Classroom Management and Appropriate Language to students.and Appropriate Language to students.

3.3. Mr. Soucheck and Twenty Years Mr. Soucheck and Twenty Years LaterLater

The Commissioner of Education The Commissioner of Education did not find probable cause.did not find probable cause.

4.4. Mrs. Moore and Equal Opportunity Mrs. Moore and Equal Opportunity BatteryBattery

The EPC placed Mrs. Moore on one year The EPC placed Mrs. Moore on one year probation. A letter of reprimand was placed probation. A letter of reprimand was placed in her file. She was also ordered to obtain in her file. She was also ordered to obtain assurance from the Florida Recovery assurance from the Florida Recovery Network Program that she poses no threat Network Program that she poses no threat to students, and successfully complete a to students, and successfully complete a course in Anger Control.course in Anger Control.

EXERCISE #2EXERCISE #2 READREAD

your assigned casesyour assigned cases DISCUSSDISCUSS

the case and decide what action would be the case and decide what action would be appropriateappropriate

FINDFIND

the Principles that were violatedthe Principles that were violated DISCUSSDISCUSS

how you would handle this case as an EPC how you would handle this case as an EPC panelpanel

REPORTREPORT

on your groups’ conclusionson your groups’ conclusions REVIEWREVIEW

EPC action/decisionEPC action/decision

EXERCISE #2 CASESEXERCISE #2 CASES

1.1. Assault and Battery on Ex-Assault and Battery on Ex-HusbandHusband

2.2. A Lost TemperA Lost Temper

3.3. Domestic ViolenceDomestic Violence

4.4. At Home HobbiesAt Home Hobbies

5.5. Just A Little HelpJust A Little Help

1.1. Mrs. Canning and Assault Mrs. Canning and Assault and Battery of Ex-Husbandand Battery of Ex-Husband

The EPC rejected the count that Ms. The EPC rejected the count that Ms. Canning was guilty of gross Canning was guilty of gross immorality or an act involving moral immorality or an act involving moral turpitude. The administrative turpitude. The administrative complaint was dismissed.complaint was dismissed.

2.2. Mr. Smith and A Lost Mr. Smith and A Lost TemperTemper

The EPC put Mr. Smith on two years of The EPC put Mr. Smith on two years of probation and a letter of reprimand was put probation and a letter of reprimand was put in his file. He was required to provide in his file. He was required to provide written verification from a professional written verification from a professional approved by the Recovery Network Program approved by the Recovery Network Program that he poses no threat to the safety and that he poses no threat to the safety and well-being of students. He was also well-being of students. He was also required to successfully complete an in-required to successfully complete an in-service training in Classroom Management service training in Classroom Management within a year.within a year.

3.3. Mr. Knight and Domestic Mr. Knight and Domestic ViolenceViolence

The EPC put Mr. Knight on one year The EPC put Mr. Knight on one year probation and a letter of reprimand was probation and a letter of reprimand was placed in his file. He was to obtain placed in his file. He was to obtain affirmation from the Recovery Network affirmation from the Recovery Network Program that he poses no threat to Program that he poses no threat to students; and to successfully complete students; and to successfully complete inservice training in Domestic Violence inservice training in Domestic Violence Prevention and Anger Control.Prevention and Anger Control.

4.4. Mr. Black and At-Home HobbiesMr. Black and At-Home Hobbies

The EPC permanently revoked The EPC permanently revoked Mr. Black’s certificate.Mr. Black’s certificate.

5.5. Ms. Gardener and Just Ms. Gardener and Just A Little A Little HelpHelp

The EPC placed Ms. Gardener on three The EPC placed Ms. Gardener on three years probation and also placed a letter of years probation and also placed a letter of reprimand in her file. She was required to reprimand in her file. She was required to complete a three credit hour college level complete a three credit hour college level or in-service equivalent program on or in-service equivalent program on Ethics.Ethics.

N-E-A-T PROCESSN-E-A-T PROCESS SBER 6B-4.08, FAC., explains the “NEAT” SBER 6B-4.08, FAC., explains the “NEAT”

process (s. 231.29(3)(d), F.S.)process (s. 231.29(3)(d), F.S.)

N = N = NOTICE to the educator that deficiencies NOTICE to the educator that deficiencies exist which may lead to disciplinary action if exist which may lead to disciplinary action if not corrected.not corrected.

E =E = EXPLANATION of the deficiencies, EXPLANATION of the deficiencies, that the administrator/supervisor responsible that the administrator/supervisor responsible for evaluation have identified, should be for evaluation have identified, should be thorough and detailed in written form, and thorough and detailed in written form, and include suggestions for improvement.include suggestions for improvement.

A =A = ASSISTANCE must be provided to the educator ASSISTANCE must be provided to the educator by those responsible for evaluation and supervision by those responsible for evaluation and supervision of the educator. A practical plan for remediation of of the educator. A practical plan for remediation of each deficiency noted must be developed. When each deficiency noted must be developed. When possible, the educator should be possible, the educator should be included in the included in the development of the plan to improve performance.development of the plan to improve performance.

T =T = TIME must be provided for correction of all TIME must be provided for correction of all deficiencies noted. The time allotted must be deficiencies noted. The time allotted must be reasonable and commensurate with the volume of reasonable and commensurate with the volume of deficiencies listed so that the educator is provided deficiencies listed so that the educator is provided sincere opportunity to improve sufficiently to meet sincere opportunity to improve sufficiently to meet the expectations of those responsible for evaluation.the expectations of those responsible for evaluation.

DISMISSAL, SUSPENSION OR DISMISSAL, SUSPENSION OR REVOCATION OF CERTIFICATEREVOCATION OF CERTIFICATE

Section 231.36, Florida Statutes, describes Section 231.36, Florida Statutes, describes circumstances for “just cause” dismissal circumstances for “just cause” dismissal from district employmentfrom district employment

Section 231.2615 (formerly 231.28), Florida Section 231.2615 (formerly 231.28), Florida Statutes, describes causes for disciplinary Statutes, describes causes for disciplinary actions taken against a teacher’s certificateactions taken against a teacher’s certificate

REVOCATION or REVOCATION or SUSPENSION OF SUSPENSION OF CERTIFICATESCERTIFICATES

Fraudulent CertificateFraudulent Certificate IncompetenceIncompetence Act of Moral TurpitudeAct of Moral Turpitude Guilty of Gross ImmoralityGuilty of Gross Immorality Revocation of Certificate in Another StateRevocation of Certificate in Another State Conviction of a Misdemeanor, Felony, or any other Conviction of a Misdemeanor, Felony, or any other

Criminal Charge other than a Minor Traffic ViolationCriminal Charge other than a Minor Traffic Violation Guilty of Personal Conduct which Seriously Reduced Guilty of Personal Conduct which Seriously Reduced

Effectiveness as an Employee of the School BoardEffectiveness as an Employee of the School Board Breach of Local ContractBreach of Local Contract Violated the Principles of Professional Conduct of the Violated the Principles of Professional Conduct of the

Education Profession in FloridaEducation Profession in Florida

JUST CAUSE FOR DISMISSAL JUST CAUSE FOR DISMISSAL FROM DISTRICT EMPLOYMENTFROM DISTRICT EMPLOYMENT

Includes but not limited to:Includes but not limited to:

1.1. Misconduct in OfficeMisconduct in Office

2.2. IncompetenceIncompetence

3.3. Gross InsubordinationGross Insubordination

4.4. Willful Neglect of DutiesWillful Neglect of Duties

5.5. Conviction of a Crime of Moral TurpitudeConviction of a Crime of Moral Turpitude

ADAMS & TOMERLIN ADAMS & TOMERLIN CASESCASES

The Florida 1st District Court of Appeals The Florida 1st District Court of Appeals said that teachers are held to a high moral said that teachers are held to a high moral standard.standard.

““By virtue of their leadership capacity, By virtue of their leadership capacity, teachers are traditionally held to a high teachers are traditionally held to a high moral standard in a community.” moral standard in a community.” Adams v. Adams v. State Professional Practices CouncilState Professional Practices Council, 406 , 406 So.2nd 1170 (Fla. 1st DCA 1981).So.2nd 1170 (Fla. 1st DCA 1981).

““A school teacher holds a position of great A school teacher holds a position of great trust. We entrust the custody of our trust. We entrust the custody of our children to the teacher. We look to the children to the teacher. We look to the teacher to educate and to prepare our teacher to educate and to prepare our children for their adult lives. To fulfill this children for their adult lives. To fulfill this trust, the teacher must be of good moral trust, the teacher must be of good moral character; to require less would jeopardize character; to require less would jeopardize the future lives of our children.” the future lives of our children.” Tomerlin v. Tomerlin v. Dade School BoardDade School Board, 381 So.2d 159 (Fla. 1st , 381 So.2d 159 (Fla. 1st DCA 1975).DCA 1975).

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Professionalism Through Integrity FLORIDA EDUCATION STANDARDS COMMISSION