1. FLORIDA EDUCATION STANDARDS COMMISSION
Professionalism Through Integrity

2. OBJECTIVES
The Code and Principles of Professional Conduct

3. OBJECTIVES The Code and Principles of Professional Conduct
Understand the three essential elements of the Code of Ethics of the education profession in Florida

4. OBJECTIVES 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

5. OBJECTIVES
The System and Structure

6. OBJECTIVES The System and Structure
Understand the different roles of the Education Standards Commission, the Professional Practices Services and the Education Practices Commission

7. OBJECTIVES
The Process

8. OBJECTIVES
The Process
Describe What to Expect

9. OBJECTIVES
The Process
Describe What to Expect
Common Sense

10. OBJECTIVES The Process Describe What to Expect Common Sense
List appropriate steps to take:
during interactions with students
during record keeping and accounting while in the community

11. OBJECTIVES
Guidelines

12. OBJECTIVES Guidelines
Understand the high moral standards to which educators are held

13. OBJECTIVES 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

14. AGENCY DESCRIPTIONS Education Standards Commission (ESC)
24 educators and citizens
Defines standards for
teacher preparation programs
entry-level teachers
certification renewal

15. 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

16. 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 , F.S. (formerly s , F.S.)

17. Overview of The Code Of Ethics and The Principles of Professional Conduct of the Education Profession in Florida

18. 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 Fiscal Year?
20 %
2 %
1 %
.2 %

19. 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 Fiscal Year?
20 %
2 %
1 %
.2 %

20. It is generally held acceptable for a teacher to date their students
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.

21. It is generally held acceptable for a teacher to date their students
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.

22. 3. If you are found to be deficient in your education duties, the district must initiate which of the following:
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.

23. 3. If you are found to be deficient in your education duties, the district must initiate which of the following:
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.

24. 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.
True
False
Maybe

25. 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.
True
False
Maybe

26. Educators can be held liable for
administering corporal punishment in accordance with state law.
use of excessive force.
maintaining order in the classroom.

27. Educators can be held liable for
administering corporal punishment in accordance with state law.
use of excessive force.
maintaining order in the classroom.

28. Which standard of proof is used by the Department of Education in taking action against an Educator’s Certification?
Criminal
Civil
Administrative
No standard of proof is required.

29. Which standard of proof is used by the Department of Education in taking action against an Educator’s Certification?
Criminal
Civil
Administrative
No standard of proof is required.

30. According to The Principles of Professional Conduct, it is generally held acceptable for educators to drink socially with their students
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.

31. According to The Principles of Professional Conduct, it is generally held acceptable for educators to drink socially with their students
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.

32. Unethical and/or illegal conduct by educators in their private lives
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.

33. Unethical and/or illegal conduct by educators in their private lives
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.

34. Educators are explicitly forbidden from discriminating against
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.

35. Educators are explicitly forbidden from discriminating against
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.

36. 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
keep the information to him or herself so as to protect the integrity of the education profession’s reputation.
shall self-report the arrest to appropriate district authorities within 48 hours.
shall self-report to the Office of Professional Practices Services within 48 hours.
resign immediately.

37. 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
keep the information to him or herself so as to protect the integrity of the education profession’s reputation.
shall self-report the arrest to appropriate district authorities within 48 hours.
shall self-report to the Office of Professional Practices Services within 48 hours.
resign immediately.

38. CODE OF ETHICS
6B-1.001, FAC., The Code of Ethics of the Education Profession in Florida.

39. CODE OF ETHICS
6B-1.001, FAC., The Code of Ethics of the Education Profession in Florida.
The educator values:

40. 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

41. 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

42. 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

43. 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

44. 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

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

46. 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.

47. PRINCIPLES OF PROFESSIONAL CONDUCT
6B-1.006, FAC., The Principles of Professional Conduct of the Education Profession in Florida

48. 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

49. 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

50. 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

51. 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

52. Education Practices Commission
The “Law” and the “EPC”
Education Practices Commission
Probable Cause
Sanctions

53. 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

54. If no probable cause, case closed
If probable cause, complaint is made and filed with the Education Practices Commission (EPC)

55. 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)

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

57. 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

58. 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

59. 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.

60. CASE DECISIONS Mr. Jones and Just One Thing After the Other
Ms. Jones and Her Relationships

61. Mr. Jones and Just One Thing After the Other
Termination
Suspension
Probation & Sanctions
Nothing at all

62. 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.

63. MS. JONES AND HER RELATIONSHIPS
Termination
Suspension
Probation & Sanctions
Nothing at all

64. 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.

65. EXERCISE #1 READ your assigned cases DISCUSS
the case and decide what action would be appropriate
FIND
the Principles that were violated
how you would handle this case as an EPC panel
REPORT
on your groups’ conclusions
REVIEW
EPC action/decision

66. EXERCISE #1 CASES A Picture Is Worth . . . Inappropriate Language
Under 21- Twenty Years Later
Equal Opportunity Battery

67. 1. Mr. Rock and A Picture is Worth
Termination
Suspension
Probation & Sanctions
Nothing at all

68. 1. Mr. Rock and A Picture is Worth
The EPC permanently revoked Mr. Rock’s certificate.

69. 2. Mr. Mason and Inappropriate Language
Termination
Suspension
Probation & Sanctions
Nothing at all

70. 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.

71. 3. Mr. Soucheck and Twenty Years Later
Termination
Suspension
Probation & Sanctions
Nothing at all

72. 3. Mr. Soucheck and Twenty Years Later
The Commissioner of Education did not find probable cause.

73. 4. Mrs. Moore and Equal Opportunity Battery
Termination
Suspension
Probation & Sanctions
Nothing at all

74. 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.

75. EXERCISE #2 READ your assigned cases DISCUSS
the case and decide what action would be appropriate
FIND
the Principles that were violated
how you would handle this case as an EPC panel
REPORT
on your groups’ conclusions
REVIEW
EPC action/decision

76. EXERCISE #2 CASES Assault and Battery on Ex-Husband A Lost Temper
Domestic Violence
At Home Hobbies
Just A Little Help

77. 1. Mrs. Canning and Assault and Battery of Ex-Husband
Termination
Suspension
Probation & Sanctions
Nothing at all

78. 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.

79. 2. Mr. Smith and A Lost Temper
Termination
Suspension
Probation & Sanctions
Nothing at all

80. 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.

81. 3. Mr. Knight and Domestic Violence
Termination
Suspension
Probation & Sanctions
Nothing at all

82. 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.

83. 4. Mr. Black and At-Home Hobbies
Termination
Suspension
Probation & Sanctions
Nothing at all

84. 4. Mr. Black and At-Home Hobbies
The EPC permanently revoked Mr. Black’s certificate.

85. 5. Ms. Gardener and Just A Little Help
Termination
Suspension
Probation & Sanctions
Nothing at all

86. 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.

87. N-E-A-T PROCESS
SBER 6B-4.08, FAC., explains the “NEAT” process (s (3)(d), F.S.)

88. N-E-A-T PROCESS
SBER 6B-4.08, FAC., explains the “NEAT” process (s (3)(d), F.S.)
N = NOTICE to the educator that deficiencies exist which may lead to disciplinary action if not corrected.

89. N-E-A-T PROCESS
SBER 6B-4.08, FAC., explains the “NEAT” process (s (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.

90. 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.

91. 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.

92. DISMISSAL, SUSPENSION OR REVOCATION OF CERTIFICATE
Section , Florida Statutes, describes circumstances for “just cause” dismissal from district employment

93. DISMISSAL, SUSPENSION OR REVOCATION OF CERTIFICATE
Section , Florida Statutes, describes circumstances for “just cause” dismissal from district employment
Section (formerly ), Florida Statutes, describes causes for disciplinary actions taken against a teacher’s certificate

94. 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

95. JUST CAUSE FOR DISMISSAL FROM DISTRICT EMPLOYMENT
Includes but not limited to:
Misconduct in Office
Incompetence
Gross Insubordination
Willful Neglect of Duties
Conviction of a Crime of Moral Turpitude

96. ADAMS & TOMERLIN CASES
The Florida 1st District Court of Appeals said that teachers are held to a high moral standard.

97. 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).

98. “A school teacher holds a position of great trust
“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).