Reporting Educator Misconduct Presented by the Office of Professional Practices Services Florida Charter School Conference October 16, 2018

Florida K-12 Public Schools Division of Educator Quality Office of Professional Practices Services Educator Quality Goal Every Florida Teacher and Leader is prepared, developed, supported and supervised by educators who make teaching better. Educator Quality Values Being Responsive Serving as Critical Friends Demonstrating Honesty, Respect and Integrity Doing good work and expanding the capacity of others to do the same

Outcomes Statutes and Rules Reporting Misconduct and Abuse Disqualifying offenses Standards of ethical conduct Confidentiality Agreements prohibited References Requirements for vetting new employees Using the Choice Portal to access alerts What alerts mean Reporting complaints against teachers and administrators

(Opportunities for improvement) Plus + (what is working and should continue) Delta (Opportunities for improvement)

Florida Statutes State Board Rules 1002.33, Charter Schools 1006.061, Child Abuse, Abandonment and Neglect 1012.315, Disqualification from Employment 1012.32, Qualifications of Personnel 1012.56, Educator certification requirements 1012.795, Education Practices Commission 1012.796, Complaints against teachers and administrators www.myfloridateacher.com or www.leg.state.fl.us State Board Rules Florida Administrative Code State Board of Education Rules 6A-10.081, Principles of Professional Conduct of the Education Profession in Florida

Building a foundation…

6A-10.081 Principles of Professional Conduct (Excerpts) Student Shall make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety Shall not intentionally expose a student to unnecessary embarrassment or disparagement Shall not exploit a relationship with a student for personal gain or advantage Public Shall not use institutional privileges for personal gain or advantage Shall accept no gratuity, gift, or favor that might influence professional judgment Profession Shall maintain honesty in all professional dealings Shall not misrepresent one’s own professional qualifications Shall not assist entry into or continuance in the profession of any person known to be unqualified in accordance with these Principles…

Reporting Educator Misconduct Employees and agents of Florida public schools, charter schools and private schools that accept scholarship students have an affirmative duty to report educator misconduct. Instructional personnel and school administrators who fail to report suspected to actual child abuse or alleged misconduct are subject to penalties. (§ 1006.061, F.S.) I have an obligation to report things I believe to be in violation of standards of conduct for an educator. The school has the obligation to show me the path to reporting and to consider my complaint with stewardship. Who is an agent: Charter board members….

Reporting Known or Suspected Child Abuse and Neglect Public and Private school employees are mandatory reporters and have a legal obligation to report known or suspected child abuse or neglect to the Department of Children and Families. {Chapter 39.201 Florida Statutes and § 1006.061, Florida Statutes} To report suspected abuse or neglect, call 1-800-96-ABUSE Department of Children and Families

Reporting Misconduct § 1006.061, Florida Statutes Each school must post the following in a prominent place at each school site and on each school’s web page: Policies and Procedures for reporting misconduct by Instructional Personnel and School Administrators which affect the health, safety or welfare of a student The contact person to whom the report is made Penalties imposed for failure to report

Let’s Check… does your school have these notices placed in a prominent place in the school site and on the school’s webpage, if there is one.

1012.33(12)(g) 3. The governing board of a charter school shall adopt policies establishing standards of ethical conduct for instructional personnel and school administrators. The policies must require all instructional personnel and school administrators, as defined in s. 1012.01, to complete training on the standards; establish the duty of instructional personnel and school administrators to report, and procedures for reporting, alleged misconduct by other instructional personnel and school administrators which affects the health, safety, or welfare of a student; and include an explanation of the liability protections provided under ss. 39.203 and 768.095. A charter school, or any of its employees, may not enter into a confidentiality agreement regarding terminated or dismissed instructional personnel or school administrators, or personnel or administrators who resign in lieu of termination, based in whole or in part on misconduct that affects the health, safety, or welfare of a student, and may not provide instructional personnel or school administrators with employment references or discuss the personnel’s or administrators’ performance with prospective employers in another educational setting, without disclosing the personnel’s or administrators’ misconduct. Any part of an agreement or contract that has the purpose or effect of concealing misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student is void, is contrary to public policy, and may not be enforced. Shall and Shall Not

Establish Ethical Standards § 1002.33 and 1012.796(1)(e) The governing board of a charter school shall: adopt policies establishing standards of ethical conduct for instructional personnel and school administrators. require instructional personnel or school administrators to complete training on the standards establish the duty of instructional personnel and school administrators to report alleged misconduct of instructional personnel or school administrators Establish detailed procedures for reporting Shall: establish the foundation and train staff on the standards of conduct and how to report violations of the standards. Standards of conduct should at minimum include the Principles of Professional Conduct of the Education Profession in Florida

Inform staff of penalties for the failure to report Establish procedures for instructional personnel and administrators to report misconduct Designate to whom instructional staff and school administrators report misconduct Inform staff of penalties for the failure to report Provide explanation of the liability protections pursuant to § 39.203 or § 768.095, Florida Statutes Show them the path to reporting.

Disqualify from Employment § 1002.33(12)(g) and 1012.315, F.S. Charter Schools shall: Disqualify from employment in any position that requires direct contact with students if ineligible for employment under § 1012.315, F.S. 2018 revision of s. 1012.315, supersedes 1002.33.

A charter school shall: Prior to employment of instructional or administrative personnel in any position of direct student contact A charter school shall: conduct employment history checks of each of the previous employers. If unable to contact a previous employer, the school must document its efforts screen the personnel through use of the screening tools described in 1001.10(5) and document the findings References… Honesty.

Screening Tools Review for certificate action through the disciplinary action web page at www.myfloridateacher.com Review certificate information and any alerts on the Bureau of Educator Certification http://app4.fldoe.org/CSA/Default.aspx Reference Tool: https://www.floridaschoolchoice.org/privateschool/Scree ning_Request.asp Document the findings

Using the Screening Tool 1. Quick Links 2. Employment Screening Request 3. Continue / BEC Web Application

Alerts FP: the FDLE and FBI reports have not been received. CRIM: applicant responded yes to a criminal history record or the criminal history report indicated some type of record. ADMIN: applicant responded yes to the question regarding a sealed or expunged criminal history, the criminal history reports have indicated a sealed or expunged record, or that there are other issues not indicated by other alerts that need review or prohibit the issuance of a certificate. For example, an affirmative response to the professional sanction section of an application. REVK: Revocation may last for various lengths of time, up to 10 years or may be permanent. SUSP: Suspensions may last for various lengths, up to 5 years. (Educators may renew a professional certificate during the time of suspension.) DEN: Denial indicates both the denial of an application and issuance of the certificate. Denials may last for various time periods, up to permanent. PPS: Indicates investigation by Professional Practices Services. (This information is exempt from public record and should not be shared with the public.) PROB: the applicant must comply with certain conditions to keep certificate/employment status. NASD/NASDTEC2: the educator’s certificate was disciplined by another state as reported through the NASDTEC Clearinghouse.

§ 1002.33(12)(f), F.S.; Charter Schools A charter school may not knowingly employ an individual to provide instructional services or to serve as an education paraprofessional if the individual’s certification or licensure as an educator is suspended or revoked by this or any other state. A charter school may not knowingly employ an individual who has resigned from a school district in lieu of disciplinary action with respect to child welfare or safety, or who has been dismissed for just cause by any school district with respect to child welfare or safety. The qualifications of teachers shall be disclosed to parents. Suspension of Florida certificate prohibits employment.

A Charter School may not: provide a reference for personnel or discuss the personnel's performance with prospective employers in other educational setting, without disclosing the personnel or administrator's misconduct

A Charter School may not: Enter into a confidentiality agreement regarding terminated or dismissed instructional personnel or school administrators, or those who resign in lieu of termination based in whole or in part on misconduct that affects the health, safety or welfare of a student

Stop and Think Does your school complete each “Shall” and “Shall Not” If yes, how can you improve your process. If no, what structure will you use to implement each “Shall” and “Shall Not” What does your application for employment require the applicant to acknowledge?

Now What? You have your foundation. And you have your first report of educator misconduct and have information/evidence to support it being true. Now What?

School administrators contribution Respond quickly and objectively Ensure student and/or staff safety Secure and preserve evidence Capture the environment Document the situation Determine need to call law enforcement or DCF You know the Standards of Conduct. You have a report of misconduct. You know you need to do something. What do you do?

Tell a story Who What When Where Why How

§ 1012.796, F.S., Complaints against teachers and administrators If allegations arise against an employee who is certified under s. 1012.56 and employed in an educator-certificated position in any public school, charter school or governing board thereof… the school shall file in writing with the department a legally sufficient complaint within 30 days after the date on which the subject matter of the complaint came to the attention of the school.

Professional Practices Services (PPS) Authority and Jurisdiction § 1012.796, F.S Professional Florida Educator Certificate Temporary Florida Educator Certificate Athletic Coaching Certificate Application for a professional or temporary Florida Educator Certificate or an Athletic Coaching Certificate

Are you ready to report? 1. Does the person hold a temporary or professional Florida Educator Certificate Does the person hold an athletic coaching certificate Does the person have an application for a temporary, professional or athletic coaching certificate 2 Did the review substantiate the educator’s violation of the standards of conduct for instructional personnel and school administrators 3 What violations of state statute or State Board of Education Rule were substantiated

Ask person to describe photo to group. Invite group to ask questions.

Throwing objects Show samples.

Comments Separation / Time Out Be specific, detailed, complete…. What did the person say? Did they say S-word or did they say shit or did they say shut-up??? What word(s) did the person use and in what context were they used?

Walking away from the school/class Describe the environment Take photos at the time of the incident, capture the moment

Posted to personal Instagram account a poster that included profanity Keep Share Arrest for Domestic Battery in 2015, the charge was subsequently abandoned by the prosecutor Posted to personal Instagram account a poster that included profanity Failed to report to duty as scheduled, did not arrange for a substitute and showed a pattern of tardiness and unapproved absences. Supervisors observe questionable behavior of a teacher in the classroom and conduct a reasonable suspicion assessment. Yelled at a student in front of the class, used racial slurs and derogatory comments toward the student. The student reportedly left the room crying. If you report to PPS, we will likely come to your school.

House Bill 495 2018

Office of Professional Practices Services Marian W. Lambeth, Chief (850) 245-0438