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Any activity sponsored by the school or school system (booster clubs, parent-teacher groups, or any activity designed to enhance the curriculum, i.e., Foreign Language trips
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Had a blood alcohol level of.314 at school Fell asleep in the classroom with a large insulated container half full of ice and vodka beside her Consumed alcohol on field trips with students Consumed alcohol after hours at school Consumed alcohol at school function Consumed alcohol while chaperoning a school trip Allowed students to drink alcohol at educator’s home Possession of cocaine Possession of marijuana Prescription drug addiction Prescription forgery Tested positive for cocaine Alcohol and Drugs Cases
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An educator should exemplify honesty and integrity in the course of professional practice. Standard Four
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Unethical conduct includes but is not limited to falsifying, misrepresenting, omitting or erroneously reporting : 1.professional qualifications, criminal history, college or staff development credit and/or degrees, academic award, and employment history; 2.information submitted to federal, state, and other governmental agencies; 3.information regarding the evaluation of students and/or personnel; 4.reasons for absences or leaves; and 5. information submitted in the course of an official inquiry/investigation.
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Teacher v. Teacher Although the PSC does not like to involve itself in minor squabbles between teachers, teachers should be QUITE AWARE that malicious gossip about other educators, engaging in unprofessional conduct in front of students, and similar behavior certainly invites an ethics complaint.
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Forged a parent’s signature on an SST record Used sick leave to assist coaches with football games Falsified time records Signed or initialed other teachers’ signatures on IEP forms Awarded credit for classes to students who were working in offices in school Sold jewelry as a school fundraiser and kept the money Changed grades of students to make them eligible to participate in an athletic event Provided students answers (cheat sheets) for standardized tests. Conducted a consulting business during school hours Altered transcript and out-of-state certificate Altered a score from failing to passing on a Praxis II test report Misrepresentation or Falsification Cases
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An educator entrusted with public funds and property should honor that trust with honesty, accuracy and responsibility. Standard Five
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Georgia principal’s car was in the shop. She did not have enough money to pay for repairs, but thinking that she needed her car for work, she paid for repairs out of school account – intending to pay it back when she received her paycheck the next week.
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1.misusing public or school-related funds; 2.failing to account for funds collected from students or parents; 3.submitting fraudulent requests for reimbursement of expenses or for pay; 4.co-mingling public or school-related funds with personal funds or checking accounts; and 5. using school property without the approval of the local board of education/governing board. Unethical conduct includes:
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Accessed pornography on school computer Embezzled school funds ($1600) Theft of musical instruments Diverted PTA funds to remodel office Submitted a false travel voucher Conducted unauthorized fundraisers and diverted cash and items donated to self Stole $9000 from cheerleading and chorus accounts Opened credit account in school’s name and used it for personal purchases Used school facilities and equipment for private music lessons Used school facilities for sexual activity Public Funds and Property Cases
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An educator should maintain integrity with students, colleagues, parents, patrons, or businesses when accepting gifts, gratuities, favors, and additional compensation. Standard Six
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1. soliciting students or parents of students to purchase equipment, supplies, or services from the educator or to participate in activities that financially benefit the educator unless approved by the local board of education/governing board; 2. accepting gifts from vendors or potential vendors for personal use or gain where there may be the appearance of a conflict of interest; 3. tutoring students assigned to the educator for remuneration unless approved by the local board of education/governing board or superintendent; and 4.coaching, instructing, promoting athletic camps, summer leagues, etc. that involves students in an educator’s school system and from whom the educator receives remuneration unless approved by the local board of education, governing board or the superintendent. These types of activities must be in compliance with all rules and regulations of the Georgia High School Association.
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Improper Remunerative Conduct Cases Solicited parents to pay for private music lessons Accepted Beanie Babies in exchange for extra credit points Promoted a personal business to students, teachers and parents Hired relatives without advertising positions Used school personnel to perform personal tasks
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An educator should comply with state and federal laws and local school board/governing board policies relating to the confidentiality of student and personnel records, standardized test material and other information covered by confidentiality agreements. Standard Seven
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Unethical conduct includes but is not limited to: 1. sharing of confidential information concerning student academic and disciplinary records, personal confidences, health and medical information, family status and/or income, and assessment/testing results, unless disclosure is required or permitted by law; 2. sharing of confidential information restricted by state or federal law; 3. violation of confidentiality agreements related to standardized testing including copying or teaching identified test items, publishing or distributing test items or answers, discussing test items, violating local school system or state directions for the use of tests or test items, etc.; 4. violation of other confidentiality agreements required by state or local policy.
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FERPA The Family Educational Rights and Privacy Act is a Federal law that protects the privacy of student education records. Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record.
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School officials with legitimate educational interest; Other schools to which a student is transferring; Specified officials for audit or evaluation purposes; Appropriate parties in connection with financial aid to a student; Organizations conducting certain studies for or on behalf of the school; Accrediting organizations; To comply with a judicial order or lawfully issued subpoena; Appropriate officials in cases of health and safety emergencies; and State and local authorities, within a juvenile justice system, pursuant to specific State law.
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Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. Directory Information
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Talking about student information at a party Posting questions from a standardized test on the web ITBS - Created study guide using previous test materials ITBS - Distributed list of vocabulary words from the test to study Confidential Information Cases
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An educator should fulfill the terms and obligations detailed in the contract with the local board of education or education agency for the duration of the contract. Standard Eight
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Unethical conduct includes : 2.willfully refusing to perform the services required by a contract. 1. abandoning the contract for professional services without prior release from the contract by the employer, and
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The Johnny Paycheck approach The Engelbert Humperdink approach Two Approaches
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Had a “bad day” in her class Refused to come to work “Irreconcilable Differences” Moved to Africa to work with refugees Took a job in industry with better pay Failed to provide lesson plans, IEPs, curriculum, instruction, and supervision Could not report to work because he was in jail Principal informed him that he had to teach the curriculum Taped keys and resignation to office door after lunch and left Signed out with sentence, “I resign.” Abandonment of Contract Cases
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An educator should file reports of a breach of one or more of the standards in the Code of Ethics for Educators, child abuse (O.C.G.A. §19-7-5), or any other required report. Standard Nine
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Unethical conduct includes but is not limited to: 1. failure to report all requested information on documents required by the Commission when applying for or renewing any certificate with the Commission. 2. failure to make a required report of a violation of one or more standards of the Code of Ethics for educators of which they have personal knowledge as soon as possible but no later than ninety (90) days from the date the educator became aware of an alleged breach unless the law or local procedures require reporting sooner. 3.failure to make a required report of any violation of state or federal law soon as possible but no later than ninety (90) days from the date the educator became aware of an alleged breach unless the law or local procedures require reporting sooner. These reports include but are not limited to: murder, voluntary manslaughter, aggravated assault, aggravated battery, kidnapping, any sexual offense, any sexual exploitation of a minor, any offense involving a controlled substance and any abuse of a child if an educator has reasonable cause to believe that a child has been abused.
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O.C.G.A. § 19-7-5 An oral report shall be made ++ immediately, but in no case later than 24 hours from the time there is reasonable cause to believe a child has been abused ++ by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources of any reports of ‘Child abuse’ including: Physical injury or death inflicted upon a child by a parent or caretaker (by other than accidental means) Neglect or exploitation of a child by a parent or caretaker Sexual abuse - sexual intercourse; masturbation; lewd exhibition; …physical contact in an act of apparent sexual stimulation or gratification... “Sexual abuse” shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors…” Sexual exploitation - conduct by a child’s parent or caretaker who allows, permits, encourages, or requires that child to engage in: prostitution; or sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct.
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Requires persons to report who have reasonable cause to believe abuse exists. Anyone who knowing and willfully fails to do so is guilty of misdemeanor. “The relevant question is whether the information available at the time would lead a reasonable person in the position of the reporter to suspect abuse.” O’Heron v. Blaney, 276 Ga. 871 (2003). Doctor did not have reasonable suspicion when child had red marks on chest and mother revealed child had not been subject to trauma. Cechman v. Travis, 202 Ga. App. 255 (1991).
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Law provides civil immunity if report made “in good faith.” “A reporter acting in good faith will be immune even if she is negligent or exercises bad judgment.” O’Heron, 276 Ga. at 873. [B]ad faith... generally impl[ies]... actual or constructive fraud; or a design to mislead or deceive another; or a neglect or refusal to fulfill some duty, not prompted by an honest mistake as to one's rights or duties, but by some interested or sinister motive. Baldwin Co. Hosp. Auth. v. Trawick, 233 Ga. App. 539 (1998). Hospital did not act in bad faith when reporting positive drug test to DFACS despite failure to consider effect daughter’s prescription medication might have had on test. Baldwin Co. Hosp. Auth.
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“Any teacher or other person employed at any... school... who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function” that involves (1) aggravated assault involving a firearm (2) aggravated battery (3) certain sexual offenses (4) carrying deadly weapons at public gatherings (5) carrying weapons at school functions or in school safety zones (6) illegal possession of a pistol or revolver by person under 18 (7) possession and other activities involving marijuana and controlled substances “shall immediately report the act and the name of the student to the principal... or the principal’s... designee.”
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Alleged rape of student Another educator having sex with student Suspected child abuse involving a student Video Camera In Girls’ Locker Room Weapon (Utility Knife) On Campus Failure to report other teacher for changing answers on standardized test SIX month suspension! Failure to Make a Required Report Cases
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An educator should demonstrate conduct that follows generally recognized professional standards. Unethical conduct is any conduct that impairs the certificate holder’s ability to function professionally in his or her employment position, or a pattern of behavior or conduct that is detrimental to the health, welfare, discipline, or morals of students. Standard Ten
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Organized a betting pool with students Called a student a “heifer” and said her mother was “stupid” Gave extra credit to students who contributed to a fundraiser Encouraged students to disrobe at hotel pool Left class without permission via a window on several Sexual interaction with colleague on school grounds Had two loaded guns in desk drawer Failed to supervise students Restrained a teacher and tried to kiss her against her will Inappropriate comments and sexual overtures to coworkers Sexual harassment of a colleague Engaged in a sexual relationship with a subordinate Professional Conduct Cases
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