florida education standards commission ___________________________ professionalism through integrity

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FLORIDA FLORIDA EDUCATION EDUCATION STANDARDS STANDARDS COMMISSION COMMISSION ______________________ ______________________ _____ _____ Professionalism Through Integrity

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Page 1: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

FLORIDAFLORIDAEDUCATIONEDUCATIONSTANDARDSSTANDARDSCOMMISSIONCOMMISSION______________________________________________________

FLORIDAFLORIDAEDUCATIONEDUCATIONSTANDARDSSTANDARDSCOMMISSIONCOMMISSION______________________________________________________

Professionalism Through Integrity

Page 2: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

WELCOMEWELCOME• SITSIT -in groups of 5-10

-Get Acquainted !

• READREAD -Just One Thing After Another

OR-Ms. Jones and Her Relationships

• DISCUSSDISCUSS -the ethical problems-how you might behave

if this occurred at your school

Page 3: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

OBJECTIVESOBJECTIVES

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

Page 4: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

OBJECTIVESOBJECTIVES

2.2. The System and The System and StructureStructure

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

Commission Commission

Page 5: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

OBJECTIVESOBJECTIVES

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

Page 6: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

OBJECTIVESOBJECTIVES

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

Page 7: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

AGENDAAGENDA

Opener Written Case and Discussion

Purpose/Objectives for the Session

Agenda for the Session

Pre-Test and Discussion

Participants’ Issues and Questions

Page 8: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

AGENDAAGENDA

Agency DescriptionAgency Description

Overview of the Code and the Overview of the Code and the PrinciplesPrinciples

EPC Action/Findings: EPC Action/Findings: Mr. Jones Case and Ms. Jones Mr. Jones Case and Ms. Jones CaseCase

Page 9: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

AGENDAAGENDA

Exercise #1Exercise #1

- Read, Discuss and Analyze - Principles Violated

Exercise # 2Exercise # 2

- Read, Discuss, and Analyze

- EPC Action - Reaction and Discussion

Page 10: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

AGENDAAGENDA

Exercise # 3Exercise # 3

- Read, Discuss, and Analyze - EPC Action - Reaction and Discussion

So What!So What! Guidelines and Guidelines and Common SenseCommon Sense

- Looking to yourself to avoid problems

Page 11: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

AGENDAAGENDA

Closing RemarksClosing Remarks

Unanswered Unanswered QuestionsQuestions

Adams and Tomerlin Adams and Tomerlin CasesCases

Page 12: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

INTRODUCTION INTRODUCTION OFOF

PARTICIPANTSPARTICIPANTS

Page 13: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

PRE-TEST ANSWERSPRE-TEST ANSWERS

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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, [NEAT Process, s. 1012.34(3)(d), F. S.] s. 1012.34(3)(d), F. S.]

4. 4. A A [Principle 2 & s. [Principle 2 & s. 1012.795(1)(i), F. S.]1012.795(1)(i), F. S.]

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

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PRE-TEST ANSWERSPRE-TEST ANSWERS

6. 6. CC [s. 1012.796, F. S.][s. 1012.796, 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)]

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PARTICIPANTS’PARTICIPANTS’ISSUES ISSUES

AND AND QUESTIONSQUESTIONS

Page 17: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

AGENCY DESCRIPTIONSAGENCY DESCRIPTIONS

Education Standards Education Standards Commission (ESC) - Commission (ESC) - 24 educators 24 educators and citizensand citizens

Defines standards for Defines standards for -teacher preparation programs-teacher preparation programs

-entry-level teachers-entry-level teachers-certification renewal-certification renewal

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

-Interprets and applies -Interprets and applies standardsstandards -Orders disciplinary actions -Orders disciplinary actions

regarding certificates regarding certificates

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

Investigates allegations of Investigates allegations of violations of the Principles and violations of the Principles and

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

231.2615, 231.2615, F.S.) F.S.)

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Overview of Overview of The Code Of Ethics The Code Of Ethics

and The Principles of and The Principles of Professional Conduct Professional Conduct

of the Education of the Education Profession in FloridaProfession in Florida

Page 20: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

CODE OF ETHICSCODE OF ETHICS

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

The educator values:The educator values:--the worth and dignity of every the worth and dignity of every personperson-the pursuit of truth-the pursuit of truth-devotion to excellence-devotion to excellence-acquisition of knowledge-acquisition of knowledge-the nurture of democratic -the nurture of democratic citizenshipcitizenship

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

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

Page 22: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

PRINCIPLES OF PRINCIPLES OF PROFESSIONALPROFESSIONAL CONDUCTCONDUCT

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

Obligation to the StudentObligation to the StudentThe educator will:The educator will:-commit to academic openness, -commit to academic openness, fairness, honesty, and fairness, honesty, and objectivity to students and the objectivity to students and the learning materiallearning material

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

Obligation to the PublicObligation to the PublicThe educator will:The educator will:-distinguish between personal -distinguish between personal views and the views of the views and the views of the educational institution with which educational institution with which the educator is affiliatedthe educator is affiliated

-refuse to accept gifts or favors -refuse to accept gifts or favors which will influence professional which will influence professional judgement judgement

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

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Obligation to the ProfessionObligation to the ProfessionThe educator will:The educator will:

-respect and be fair to -respect and be fair to colleaguescolleagues

-report alleged violations of -report alleged violations of state or state or local school board rules local school board rules

-avoid misrepresenting -avoid misrepresenting qualifications or assisting qualifications or assisting unqualified personnel to gain unqualified personnel to gain or continue employment in the or continue employment in the profession profession

Page 25: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

FLORIDA STATUTESFLORIDA STATUTES

Section 1012.79 Section 1012.79 Education Practices Education Practices Commission (EPC)Commission (EPC)Section 1012.795Section 1012.795 EPC Authority to DisciplineEPC Authority to Discipline

Section 1012.796 Section 1012.796 Complaints against Teachers Complaints against Teachers and Administrators; Procedure; Penaltiesand Administrators; Procedure; PenaltiesSection 1012.798 Section 1012.798 Recovery Network ProgramRecovery Network Program

Section 1012.34 Section 1012.34 Assessment ProceduresAssessment Procedures

Section 1012.33 Section 1012.33 Contracts with Instructional Contracts with Instructional Staff, Supervisors, and PrincipalsStaff, Supervisors, and Principals Section 1000.01(5)(a)8 Section 1000.01(5)(a)8 Education Standards Education Standards Commission (ESC)Commission (ESC)

Page 26: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

CASE DECISIONSCASE DECISIONS

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

-Ms. Jones and Her -Ms. Jones and Her Relationships Relationships

Page 27: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

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

After the OtherAfter the 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 reports of his performance and to serve

fifty hours of community service in a fifty hours of community service in a location of his choice. He completed the location of his choice. He completed the community service and completed three community service and completed three

performance reports which got to EPC late. performance reports which got to EPC late. A certified letter informing him that his A certified letter informing him that his

reports were overdue came back address reports were overdue came back address unknown. It was subsequently learned that unknown. It was subsequently learned that

Mr. Jones failed to show up for work one Mr. Jones failed to show up for work one morning and the school was unable to morning and the school was unable to

locate him.locate him.

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CASE DECISIONSCASE DECISIONSMs. Jones and Her RelationshipsMs. Jones and Her Relationships

Ms. Jones resigned. Ms. Jones resigned. Education Practices Education Practices

Commission revoked her Commission revoked her certificate for ten years and certificate for ten years and

established a five-year established a five-year probationary period once probationary period once she is re-employed as a she is re-employed as a certificated educator.certificated educator.

Page 29: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

EXERCISE #1EXERCISE #1SITSIT -in groups of five to ten-in groups of five to tenREADREAD -your assigned cases-your assigned casesDISCUSSDISCUSS -the case and decide -the case and decide what what action would be action would be

appropriate appropriateFINDFIND -the Principles that -the Principles that were were

violated violatedDISCUSS DISCUSS -how you would handle -how you would handle

this case as an EPC this case as an EPC panel panel

REPORTREPORT -on your groups’ -on your groups’ conclusions conclusions

REVIEWREVIEW -EPC action/decision -EPC action/decision

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EXERCISE #1 CASESEXERCISE #1 CASES

1. 1. A Picture Is Worth . . .A Picture Is Worth . . .2. 2. If the Sixth Time You Don’t If the Sixth Time You Don’t

SucceedSucceed3. 3. Inappropriate LanguageInappropriate Language4.4. Kiss and TellKiss and Tell5. 5. A Mother’s WordA Mother’s Word6.6. Under 21- Twenty Years Under 21- Twenty Years LaterLater7.7. Misdirected LoveMisdirected Love8.8. Equal Opportunity Battery Equal Opportunity Battery

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CASE DECISIONS CASE DECISIONS FROM EXERCISE FROM EXERCISE

#1#1

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1.1. Mr. Rock and A Mr. Rock and A Picture is WorthPicture is Worth

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

Page 33: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

2.2. Mrs. Trillum and the Mrs. Trillum and the Sixth TimeSixth Time

The EPC upheld the denial of The EPC upheld the denial of Mrs. Trillum’s certificate for two Mrs. Trillum’s certificate for two years or until she successfully years or until she successfully passed the CLAST exam or passed the CLAST exam or completed the CLAST completed the CLAST alternatives as provided in alternatives as provided in statutes. She was also placed statutes. She was also placed on three years probation after on three years probation after she obtains her Florida she obtains her Florida Educator’s Certificate and Educator’s Certificate and employment.employment.

Page 34: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

3.3. Mr. Mason and Mr. Mason and Inappropriate Inappropriate

LanguageLanguage

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

Page 35: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

4.4. Mr. Navarre and Kiss Mr. Navarre and Kiss

and Telland Tell

Mr. Navarre surrendered Mr. Navarre surrendered his certificate and EPC his certificate and EPC permanently revoked it.permanently revoked it.

Page 36: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

5.5. Mr. Harrison and A Mr. Harrison and A Mother’s WordMother’s Word

The EPC gave Mr. Harrison a The EPC gave Mr. Harrison a letter of reprimand. He was letter of reprimand. He was required to provide written required to provide written verification from his supervisor verification from his supervisor that he has reviewed and is that he has reviewed and is familiar with his employing familiar with his employing School Board’s testing policies. School Board’s testing policies. He continues to be employed in He continues to be employed in the school district. the school district.

Page 37: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

6.6. Mr. Soucheck and Mr. Soucheck and Twenty Years Later Twenty Years Later

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

Page 38: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

7.7. Coach Buckmaster Coach Buckmaster and Misdirected and Misdirected

LoveLove

Mr. Buckmaster Mr. Buckmaster surrendered his surrendered his certificate which the certificate which the EPC permanently EPC permanently revoked.revoked.

Page 39: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

8.8. Mrs. Moore and Mrs. Moore and Equal Equal

Opportunity BatteryOpportunity Battery

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

Page 40: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

EXERCISE #2EXERCISE #2SITSIT -in groups of five to ten-in groups of five to ten

READREAD -your assigned cases-your assigned cases

FINDFIND -the element of the -the element of the Principles that was Principles that was violated violated

DISCUSS DISCUSS -how you would handle -how you would handle this case as an this case as an

EPC EPC panel panel

REPORTREPORT -on your groups’ -on your groups’ conclusions conclusions

REVIEWREVIEW -EPC action/decision-EPC action/decision

Page 41: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

EXERCISE #2 CASESEXERCISE #2 CASES

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

2.2. A Lost TemperA Lost Temper3.3. Private Acts in Public PlacesPrivate Acts in Public Places4.4. Domestic ViolenceDomestic Violence5.5. At Home HobbiesAt Home Hobbies6.6. Just A Little HelpJust A Little Help7.7. Teacher Takes a Hit and a Teacher Takes a Hit and a HikeHike8.8. Ms. Hartson and Her AngerMs. Hartson and Her Anger

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CASE DECISIONS CASE DECISIONS FROM EXERCISE FROM EXERCISE

#2#2

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1.1. Mrs. Canning and Mrs. Canning and Assault and Battery Assault and Battery

of of Ex-HusbandEx-Husband

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

Page 44: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

2.2. Mr. Smith and A LostMr. Smith and A Lost

TemperTemper

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

Page 45: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

3.3. Mr. Grant and Mr. Grant and Private Private

Acts in Public PlacesActs in Public Places

The EPC put Mr. Grant on three The EPC put Mr. Grant on three years of probation and a letter years of probation and a letter of reprimand was placed in his of reprimand was placed in his file. He was ordered to obtain file. He was ordered to obtain written verification from the written verification from the Recovery Network Program that Recovery Network Program that he poses no threat to students. he poses no threat to students.

Page 46: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

4.4. Mr. Knight and Mr. Knight and Domestic ViolenceDomestic Violence

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

Page 47: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

5.5. Mr. Black and At-Mr. Black and At-Home HobbiesHome Hobbies

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

Page 48: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

6.6. Ms. Gardener and Ms. Gardener and Just Just A Little HelpA Little Help

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

Page 49: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

7.7. Mr. Rosselli and a Mr. Rosselli and a Hit Hit

and a Hikeand a Hike

The EPC placed Mr. Rosselli on The EPC placed Mr. Rosselli on one year probation and a letter one year probation and a letter of reprimand was placed in his of reprimand was placed in his file. He was required to file. He was required to complete a three credit hour complete a three credit hour college course or 60 inservice college course or 60 inservice hours in Classroom Management hours in Classroom Management and Appropriate Discipline and Appropriate Discipline Techniques. Techniques.

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8.8. Mrs. Hartson and Mrs. Hartson and Her Her

AngerAnger

The EPC placed Mrs. Hartson on The EPC placed Mrs. Hartson on three years probation and a three years probation and a letter of reprimand was placed letter of reprimand was placed in her file. She was required to in her file. She was required to take a psychological evaluation, take a psychological evaluation, and to complete prescribed and to complete prescribed treatment. treatment.

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WHAT TO EXPECTWHAT TO EXPECT-Complaint is filed with the -Complaint is filed with the Office of Professional Practices Office of Professional Practices Services (PPS)Services (PPS)

-Report is prepared and -Report is prepared and reviewedreviewed

-Either probable cause or no -Either probable cause or no probable cause is recommended probable cause is recommended to the Commissionerto the Commissioner

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-If no probable cause, case -If no probable cause, case closedclosed

-If probable cause, complaint is -If probable cause, complaint is made and filed with the made and filed with the Education Practices Education Practices

Commission Commission (EPC) (EPC)

-Educator has 20 days to -Educator has 20 days to respondrespond

-surrender certificate-surrender certificate-no response leads to default-no response leads to default

-contest allegations-contest allegations-request mitigation-request mitigation

--Hearings follow (except for Hearings follow (except for surrender) surrender)

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WHAT TO EXPECTWHAT TO EXPECTEPC makes final order, which EPC makes final order, which can be appealed to District can be appealed to District CourtCourt

-revoke certificate-revoke certificate-suspend certificate-suspend certificate-letter of reprimand-letter of reprimand-fine up to $2000 per -fine up to $2000 per count/offense count/offense-limit scope of practice-limit scope of practice-deny issuance or -deny issuance or

endorsementendorsement

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-conditional issuance -conditional issuance of of appropriate appropriate certificatecertificate

-probation-probation-stipulation or -stipulation or settlement settlement

agreementagreement

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STANDARDS OF PROOFSTANDARDS OF PROOF-The petitioner has the burden of -The petitioner has the burden of proving allegations by CLEAR and proving allegations by CLEAR and CONVINCING EVIDENCE CONVINCING EVIDENCE

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

-Evidence must be credible-Evidence must be credible

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STANDARDS OF PROOFSTANDARDS OF PROOF

-Facts of witness must be distinctly -Facts of witness must be distinctly remembered remembered -Testimony must be precise and -Testimony must be precise and explicit explicit

-Witnesses must not be confused-Witnesses must not be confused

-Evidence must lead to firm belief -Evidence must lead to firm belief or conviction that the allegations or conviction that the allegations are are true. true.

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N-E-A-T PROCESSN-E-A-T PROCESS

S. 1012.34(3)(d), F.S., explains S. 1012.34(3)(d), F.S., explains the “NEAT” process the “NEAT” process

N=N= NOTICE to the educator that NOTICE to the educator that deficiencies exist which may lead to deficiencies exist which may lead to

disciplinary action if not disciplinary action if not corrected.corrected.

E=E= EXPLANATION of the deficiencies, EXPLANATION of the deficiencies, that that the administrator/supervisor the administrator/supervisor

responsible for evaluation have responsible for evaluation have identified, should be thorough identified, should be thorough

and and detailed in written form, and detailed in written form, and include suggestions for include suggestions for

improvement.improvement.

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A=A= ASSISTANCE must be provided to the ASSISTANCE must be provided to the educator by those responsible for educator by those responsible for

evaluation and supervision of evaluation and supervision of the the educator. A practical plan educator. A practical plan for for remediation of each remediation of each deficiency noted deficiency noted

must be developed. When possible, must be developed. When possible, the the

educator should be included in the educator should be included in the development of the plan to improve development of the plan to improve performance.performance.

T=T= TIME must be provided for correction TIME must be provided for correction of of all deficiencies noted. The time all deficiencies noted. The time allotted allotted must be reason able and must be reason able and commensurate commensurate with the volume of with the volume of deficiencies listed so deficiencies listed so that the that the educator is provided sincere educator is provided sincere opportunity to improve sufficiently to opportunity to improve sufficiently to

meet the expectations meet the expectations of those of those responsible for evaluation.responsible for evaluation.

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DISMISSAL, SUSPENSIONDISMISSAL, SUSPENSION OR REVOCATION OFOR REVOCATION OF CERTIFICATECERTIFICATE

Section 1012.33, Florida Section 1012.33, Florida Statutes, describes Statutes, describes circumstances for “just cause” circumstances for “just cause” dismissal from district dismissal from district employmentemployment

Section 1012.795, Florida Section 1012.795, Florida Statutes, describes causes for Statutes, describes causes for disciplinary actions taken disciplinary actions taken against a teacher’s certificate against a teacher’s certificate

Page 60: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

REVOCATIONREVOCATIONSUSPENSION SUSPENSION

OF CERTIFICATESOF CERTIFICATES

-Fraudulent Certificate-Fraudulent Certificate

-Incompetence-Incompetence

-Act of Moral Turpitude-Act of Moral Turpitude

-Guilty of Gross Immorality-Guilty of Gross Immorality

-Revocation of Certificate in Another -Revocation of Certificate in Another

State State

Page 61: FLORIDA EDUCATION STANDARDS COMMISSION ___________________________ Professionalism Through Integrity

-Conviction of a Misdemeanor, -Conviction of a Misdemeanor, Felony, Felony,

or any other Criminal Charge other or any other Criminal Charge other than a Minor Traffic Violationthan a Minor Traffic Violation

-Guilty of Personal Conduct which -Guilty of Personal Conduct which

Seriously Reduced Effectiveness as Seriously Reduced Effectiveness as an Employee of the School Boardan Employee of the School Board

-Breach of Local Contract-Breach of Local Contract

-Violated the Principles of -Violated the Principles of Professional Professional

Conduct of the Education Profession Conduct of the Education Profession in Florida in Florida

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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 Conviction of a Crime of Moral TurpitudeTurpitude

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HOW TO USEHOW TO USE COMMON SENSECOMMON SENSE

MANY PROBLEMS MANY PROBLEMS EDUCATORS EDUCATORS

ENCOUNTERED COULD ENCOUNTERED COULD HAVE BEEN AVOIDED IF HAVE BEEN AVOIDED IF

THEY USED SOME THEY USED SOME COMMON SENSE AND COMMON SENSE AND

RATIONAL JUDGEMENTRATIONAL JUDGEMENT

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A.A. Interaction with StudentsInteraction with Students

1.1. Maintain a professional barrierMaintain a professional barrier2.2. Keep the classroom door openKeep the classroom door open3.3. Do NOT Flirt or joke with studentsDo NOT Flirt or joke with students4.4. Do NOT discuss your personal lifeDo NOT discuss your personal life5.5. Coordinate transportation issues Coordinate transportation issues

with principal/supervisor with principal/supervisor 6.6. Avoid leaving your students aloneAvoid leaving your students alone7.7. Keep your hands and body to yourselfKeep your hands and body to yourself8.8. Know policies and laws governing Know policies and laws governing

corporal punishment and use of corporal punishment and use of reasonable forcereasonable force

9.9. Chaperon only school sponsored Chaperon only school sponsored eventsevents10.10. Do NOT telephone students or write Do NOT telephone students or write

them notes of a personal naturethem notes of a personal nature11.11. Do not harass studentsDo not harass students

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B.B. Record Keeping and Record Keeping and Accounting ProceduresAccounting Procedures

1.1. Know laws, policies, and school rulesKnow laws, policies, and school rules2.2. Know your rightsKnow your rights3.3. Know policies about money/financesKnow policies about money/finances4.4. Establish a grading systemEstablish a grading system5.5. Establish behavior management rulesEstablish behavior management rules

C.C. Reputation in the Reputation in the CommunityCommunity1.1. Keep your co-workers and supervisor Keep your co-workers and supervisor

informed informed2.2. Communicate with parents and Communicate with parents and

document your communication document your communication3.3. Dress and act appropriatelyDress and act appropriately4.4. Avoid indefensible behaviors/actionsAvoid indefensible behaviors/actions5.5. Maintain a professional reputationMaintain a professional reputation

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ADAMS & TOMERLINADAMS & TOMERLIN CASESCASES

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

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

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

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UNANSWERED UNANSWERED QUESTIONSQUESTIONS

EVALUATIONEVALUATION

FRAMEABLE CODEFRAMEABLE CODE

Thank you, you were a great Thank you, you were a great group. group.