FLORIDA EDUCATION STANDARDS COMMISSION ___________________________

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FLORIDAEDUCATIONSTANDARDSCOMMISSION_________
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Professionalism Through Integrity
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WELCOME

• SIT -in groups of 5-10 -Get Acquainted !
  
• READ -Just One Thing After Another
• OR
• -Ms. Jones and Her Relationships
• DISCUSS -the ethical problems -how you might
  behave if this occurred at your school
  
  
  

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OBJECTIVES
1. 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
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OBJECTIVES2. The
System and Structure -Understand the different
roles of the Education Standards Commission,
the Professional Practices Services and the
Education Practices Commission
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OBJECTIVES
3. The Process -Describe What to
Expect 4. Common Sense List appropriate steps
to take -during interactions with students

-during record keeping and accounting
-while in the community
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OBJECTIVES
5. 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
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AGENDA
Opener
Written Case and Discussion Purpose/Ob
jectives for the Session Agenda for the Session
Pre-Test and Discussion Participants Issues and
Questions
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AGENDAAgency Description
Overview of the Code and the PrinciplesEPC
Action/Findings Mr. Jones Case and Ms. Jones
Case
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AGENDA
Exercise 1 - Read, Discuss and Analyze
- Principles Violated Exercise 2

- Read, Discuss, and Analyze
- EPC Action

- Reaction and Discussion
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AGENDA
Exercise 3 - Read, Discuss, and Analyze - EPC
Action - Reaction and
Discussion So What!
Guidelines and Common
Sense - Looking to yourself to avoid
problems
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AGENDA Closing RemarksUnanswered
QuestionsAdams and Tomerlin Cases
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INTRODUCTION OFPARTICIPANTS
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PRE-TEST ANSWERS
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PRE-TEST ANSWERS1. D 1998-1999 EPC
Data2. C Principles 3(e) (h)3. E NEAT
Process, s. 1012.34(3)(d), F. S. 4. A
Principle 2 s. 1012.795(1)(i), F. S.5.
B Principle 3(a)
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PRE-TEST ANSWERS6. C s. 1012.796,
F. S.7. C Principle 3(a)8. A Principle
39. D Principle 3(g)10. B Principle
5(m)
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PARTICIPANTSISSUES AND QUESTIONS
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AGENCY DESCRIPTIONSEducation Standards
Commission (ESC) - 24 educators and citizens
Defines standards for -teacher preparation
programs -entry-level teachers -certification
renewalEducation Practices Commission (EPC) -
17 educators and citizens -Interprets and
applies standards -Orders disciplinary
actions regarding certificates
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Professional Practices Services
(PPS) Investigates allegations of violations
of the Principles and s. 1012.795, F.S.
(formerly s. 231.2615, F.S.)
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Overview of The Code Of Ethics and The
Principles of Professional Conduct of the
Education Profession in Florida
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CODE OF ETHICS6B-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
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The educators primary professional
concern will always be for the student and the
development of the students potential.The
educator strives to achieve and sustain the
highest degree of ethical conduct.
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PRINCIPLES OF
PROFESSIONAL CONDUCT6B-1.006,
FAC., The Principles of Professional Conduct of
the Education Profession in FloridaObligation
to the StudentThe educator will-commit to
academic openness, fairness, honesty, and
objectivity to students and the learning material
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-avoid harassment, embarrassment or
discrimination against studentsObligation to
the PublicThe 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 judgement
-avoid using professional position for personal
gain or advantage
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Obligation to the ProfessionThe
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
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FLORIDA STATUTESSection 1012.79
Education Practices Commission (EPC)Section
1012.795 EPC Authority to DisciplineSection
1012.796 Complaints against Teachers and
Administrators Procedure PenaltiesSection
1012.798 Recovery Network ProgramSection
1012.34 Assessment ProceduresSection 1012.33
Contracts with Instructional Staff, Supervisors,
and Principals Section 1000.01(5)(a)8
Education Standards Commission (ESC)
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CASE DECISIONS-Mr. Jones and Just One
Thing After the Other-Ms. Jones and Her
Relationships
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CASE DECISIONSMr. Jones and Just One
Thing After the OtherThe 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.
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CASE DECISIONSMs. Jones and Her
RelationshipsMs. 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.
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EXERCISE
1SIT -in groups of five to tenREAD -your
assigned casesDISCUSS -the case and decide what
action would be
appropriateFIND -the Principles that were
violatedDISCUSS -how you would handle
this case as an EPC panel REPORT -on
your groups conclusionsREVIEW -EPC
action/decision
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EXERCISE 1 CASES 1. A Picture Is
Worth . . .2. If the Sixth Time You Dont
Succeed3. Inappropriate Language4. Kiss and
Tell5. A Mothers Word6. Under 21- Twenty
Years Later7. Misdirected Love8. Equal
Opportunity Battery
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CASE DECISIONS FROM EXERCISE 1
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1. Mr. Rock and A Picture is
WorthThe EPC permanently revoked Mr. Rocks
certificate.
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2. Mrs. Trillum and the Sixth
TimeThe EPC upheld the denial of Mrs. Trillums
certificate for two years or until she
successfully passed the CLAST exam or completed
the CLAST alternatives as provided in statutes.
She was also placed on three years probation
after she obtains her Florida Educators
Certificate and employment.
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3. Mr. Mason and Inappropriate
LanguageMr. Masons 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 inservice training on both
Classroom Management and Appropriate Language to
students.
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4. Mr. Navarre and Kiss and TellMr.
Navarre surrendered his certificate and EPC
permanently revoked it.
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5. Mr. Harrison and A Mothers WordThe
EPC gave Mr. Harrison a letter of reprimand. He
was required to provide written verification from
his supervisor that he has reviewed and is
familiar with his employing School Boards
testing policies. He continues to be employed in
the school district.
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6. Mr. Soucheck and Twenty Years Later
The Commissioner of Education did not find
probable cause.
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7. Coach Buckmaster and Misdirected
LoveMr. Buckmaster surrendered his certificate
which the EPC permanently revoked.
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8. Mrs. Moore and Equal Opportunity
BatteryThe 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.
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EXERCISE
2SIT -in groups of five to tenREAD -your
assigned casesFIND -the element of the
Principles that was violatedDISCUSS
-how you would handle this case as an EPC
panel REPORT -on your groups
conclusionsREVIEW -EPC action/decision
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EXERCISE 2 CASES1. Assault and
Battery on Ex- Husband2. A Lost
Temper3. Private Acts in Public
Places4. Domestic Violence5. At Home
Hobbies6. Just A Little Help7. Teacher Takes a
Hit and a Hike8. Ms. Hartson and Her Anger
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CASE DECISIONS FROM EXERCISE 2
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1. Mrs. Canning and Assault and Battery
of Ex-HusbandThe EPC rejected the count that
Ms. Canning was guilty of gross immorality or an
act involving moral turpitude. The administrative
complaint was dismissed.
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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 inservice training in
Classroom Management within a year.
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3. Mr. Grant and Private Acts in Public
PlacesThe EPC put Mr. Grant on three years of
probation and a letter of reprimand was placed in
his file. He was ordered to obtain written
verification from the Recovery Network Program
that he poses no threat to students.
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4. Mr. Knight and Domestic ViolenceThe
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 Domestice Violence Prevention and
Anger Control.
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5. Mr. Black and At- Home HobbiesThe EPC
permanently revoked Mr. Blacks certificate.
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6. Ms. Gardener and Just A Little
HelpThe 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 inservice
equivalent program on Ethics.
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7. Mr. Rosselli and a Hit and a
HikeThe EPC placed Mr. Rosselli on one year
probation and a letter of reprimand was placed in
his file. He was required to complete a three
credit hour college course or 60 inservice hours
in Classroom Management and Appropriate
Discipline Techniques.
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8. Mrs. Hartson and Her AngerThe EPC
placed Mrs. Hartson on three years probation and
a letter of reprimand was placed in her file.
She was required to take a psychological
evaluation, and to complete prescribed treatment.
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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
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-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)
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WHAT TO EXPECTEPC makes final
order, which can be appealed to District
Court -revoke certificate -suspend
certificate -letter of reprimand -fine up to
2000 per count/offense -limit scope of
practice -deny issuance or endorsement
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-conditional issuance of
appropriate certificate -probation -stipulation
or settlement agreement
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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
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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.
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N-E-A-T PROCESSS.
1012.34(3)(d), F.S., explains the NEAT process
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.
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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 reason able 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.
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DISMISSAL, SUSPENSION OR
REVOCATION OF CERTIFICATESection
1012.33, Florida Statutes, describes
circumstances for just cause dismissal from
district employmentSection 1012.795, Florida
Statutes, describes causes for disciplinary
actions taken against a teachers certificate
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REVOCATIONSUSPENSION OF
CERTIFICATES-Fraudulent Certificate-Incompeten
ce-Act of Moral Turpitude-Guilty of Gross
Immorality-Revocation of Certificate in Another
State
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-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
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JUST CAUSE FOR DISMISSAL
FROM DISTRICT
EMPLOYMENTIncludes but not limited
to1. Misconduct in Office2. Incompetence3.
Gross Insubordination4. Willful Neglect of
Duties5. Conviction of a Crime of Moral
Turpitude
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HOW TO USE COMMON SENSEMANY PROBLEMS
EDUCATORS ENCOUNTERED COULD HAVE BEEN AVOIDED IF
THEY USED SOME COMMON SENSE AND RATIONAL
JUDGEMENT
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A. Interaction with Students1. Maintain
a professional barrier2. Keep the classroom
door open3. Do NOT Flirt or joke with
students4. Do NOT discuss your personal
life5. Coordinate transportation issues with
principal/supervisor 6. Avoid leaving your
students alone7. Keep your hands and body to
yourself8. Know policies and laws governing
corporal punishment and use of reasonable
force9. Chaperon only school sponsored
events10. Do NOT telephone students or write
them notes of a personal nature11. Do not
harass students
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B. Record Keeping and Accounting
Procedures1. Know laws, policies, and school
rules2. Know your rights3. Know policies about
money/finances4. Establish a grading
system5. Establish behavior management
rulesC. Reputation in the Community1. Keep
your co-workers and supervisor
informed2. Communicate with parents and
document your communication3. Dress and act
appropriately4. Avoid indefensible
behaviors/actions 5. Maintain a professional
reputation
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ADAMS TOMERLIN
CASESThe 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).
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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).
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UNANSWERED QUESTIONSEVALUATIONFRAMEABLE
CODEThank you, you were a great group.