Ethics in Education Act

Florida Department of Education Office of Professional Practices

Services

Adams v. State Professional Practices Council (FL 1st DCA, 1981)

“By virtue of their leadership capacity, teachers are traditionally held to a high moral standard in a community.”

What’s New

• Establish Ethical Standards for Instructional Personnel and School Administrators

• Establish duty of Instructional Personnel and School Administrators to report misconduct of Instructional Personnel or School Administrators

• Prohibit Confidentially Agreements• Require employment history checks• Establish Disqualifying Offenses• Re-assignment during investigations• Reporting of Abuse and Misconduct

Ethical Standards§1001.42 and 1012.796(1)(d).

District policies must, at a minimum:• establish ethical standards for instructional

personnel and school administrators, and the duty to uphold the standards

• require instructional personnel or school administrators to complete training on the standards

• establish the duty of instructional personnel and school administrators to report alleged misconduct of instructional personnel or school administrators

• establish the detailed procedures for reporting

Reporting Procedures

• Designate to whom instructional staff and school administrators report misconduct

• Inform staff of penalties for the failure to report

• Explanation of the liability protections pursuant to § 39.203 or § 768.095, Florida Statutes

Confidentiality AgreementsProhibited

• prohibit confidentiality agreements regarding instructional personnel or school administrators who are:

– terminated – dismissed– allowed to resign in lieu of termination– based in whole or in part on misconduct that

affects the health, safety or welfare of a student

Any part of an agreement or contract that has the purpose or effect of concealing misconduct which affects the health, safety or welfare of a student is void

Employment History Checks

Prior to employment of school administrators or instructional personnel which require direct student contact an employer should: – Review for certificate action through the

Disciplinary Action web page– Review certificate information and any

flags through the Bureau of Educator Certification

– Conduct reference checks from previous employer

and– Document the findings

Disqualifying Offenses• § 1012.315, Florida Statutes

– 45 felony crimes– 2 misdemeanor crimes

• Similar federal or other state offenses

• Registered Juvenile Sex Offenders -----------------------• Conviction• Regardless of date of offense or

conviction

Reassignment• Allegation of misconduct by

Instructional Personnel or School Administrator

• Affects the Health, Safety or Welfare of a student

• Superintendent in consult with principal must: – Immediately suspend, with pay, the

Instructional Personnel or School Administrator from regularly assigned duties to position that does not require direct student contact

• Until completion of the proceedings

Reporting Abuse or Misconduct

• Post in a prominent place at each school site and on each school’s web page– Policies and Procedures for

reporting misconduct by Instructional Personnel and School Administrators which affects the health, safety or welfare of a student

– The contact person to whom the report is made

– Penalties imposed for failure to report

Reporting Known or Suspected

Abuse and Neglect • Public and Private school employees are

mandated reporters and have a legal obligation to report known or suspected child abuse or neglect to the Department of Children and Families. {Chapter 39.201 Florida Statutes}

• To make a report call

1-800-96-ABUSE

Reporting Educator Misconduct

All employees and agents of Florida public schools, charter schools and private schools that accept scholarship students have an affirmative duty to report educator misconduct.

If you are charged with investigating misconduct

-Ensure student safety

-Take all allegations seriously

DO

• Act Immediately • Take photographs of the scene or event• Secure physical evidence• Compile a list of potential witnesses• Record known information about the

event• Remain objective• Determine if law enforcement or DCF

needs to be called

DO NOT

• Assume anything• Ignore the complaint• Gossip• Be defensive• Threaten a victim or witness• Fail to maintain records• Act with prejudice to a personal

relationship

Important items

• Photographs / Videos

• Letters / Cards / Gifts

• Seating Charts / Class Rosters

• Attendance Records

• Computer evidence / Emails

• Text Messages

• Personnel Records

Common Types of Allegations

• Boundary Violations• Sexual Misconduct• Inappropriate Comments• Inappropriate Discipline• Misappropriation of School Funds• Criminal Charges• Alcohol or Drug Abuse• Fraudulent Information/ Credentials• Standardized Testing Violations• Incompetence

Criminal Charges

Shall self-report within 48 hours to appropriate authorities…any arrests/charges or incidents involving the abuse of a child or the sale and/or possession of a controlled substance…conviction of finding of guilt, withholding of adjudication, commitment to a pretrial diversion program…

State Board of Education Rule 6B-1.006(5)(m)

www.myfloridateacher.com

Sexual Misconduct with Students…Don’t think it doesn’t happen

• Overly friendly or familiar contact with students

• Colloquial conversations with students• Preferential treatment toward a student• Phone calls, letters, cards, gifts, emails, text

or instant messages• Sitting in a car alone with a student• Meeting a student outside of school• Allowing unaccompanied students to visit

their home • Accepting or offering gifts or favors

CautionSlippery Slope

• Frequently issuing passes to a particular student

• Taking a student to a restaurant

• Giving a student a ride home

• Sitting alone with a student in a dark room

• Writing notes or letters to a student

• Meeting students before or after school

• Communicating to students via cell phone, text message or email

• Giving students cards or gifts

• Pronounced interest in a student’s home life

• Talking about other students• Visiting a student at work• Taking pictures of or with

students• Posting photos of students

online• Hugs and kisses• Overly friendly pats or rubs on

a student• Using pet names• Showing favoritism• Allowing a student to drive a

teacher’s personal vehicle

Potential Negative Actions

Criminal Charges

Adverse employment action

Adverse certificate action

Professional Boundaries

Consider how your actions may be perceived by others –

Perceptions are often greater than reality

Contact Information

Office of Professional Practices Services

325 West Gaines Street

Tallahassee, Florida 32399-0400

Telephone: 850.245.0438

www.myfloridateacher.com