Geraldine D. Wright, Ed.D.

Executive Director

Elementary Education

for

Seminole County Public Schools

Senate Bill 1712Ethics in Education Act

Seminole County Public Schools

Effective July 1, 2008

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Ethics in Education Act

The Ethics in Education Act

requires Florida School Boards to adopt policies

establishing standards of ethical conduct

for instructional personnel and school administrators

as defined in FS 1012.01.

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Who Is ImpactedAs defined in Section 1012.01

• “Instructional Personnel”Classroom Teachers Other Instructional

Staff

Student Personnel Services Education Paraprofessionals

Librarians/Media Substitute Teachers

• “School Administrators” School Principals/Directors

Assistant Principals

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School Board Policy RequirementsSection 1001.42 and 1012.796(1)(d)

• For all instructional personnel and school administrators:- Sets standards of ethical conduct and establishes the duty to uphold

those standards.

- Requires training on the standards of ethical conduct, policies and procedures.

- Establishes the duty to report alleged misconduct by other instructional and school administrators which affects the health, safety, or welfare of a student.

- Establishes the procedures for local and state reporting of alleged misconduct by other instructional and school administrators which affects the health, safety, or welfare of a student.

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School Board Policy Requirements(Continued)

- Includes an explanation of liability protection.

- Establishes standards and procedures for screening, hiring, and terminating instructional personnel/school administrators.

- Provides requirements for the reassignment of instructional/school administrators under investigation for misconduct from regularly assigned duties, and reassignment to positions with no direct contact with students.

- Establishes penalties for failure to comply with FS 1001.51 or

FS 1012.795.

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Prohibition of Confidentiality Agreements

The School Board or any of its employees

may NOT enter into a

Confidentiality Agreement

regarding terminated or dismissed instructional personnel/school administrators who resign in lieu

of termination based in whole or in part on misconduct that affects the health, safety, or

welfare of a student.

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References for Former EmployeesSection 1001.42 (6)

The school board or any of its employees may NOT provide

instructional personnel/school administrators with employment references

or discuss the employee’s performance with prospective employers in another education setting without disclosing the employee's misconduct

which affects the health, safety, or welfare of a student. (No purpose or effect of concealing misconduct.)

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Background ScreeningSection 1012.56

• Chapter 435 does not apply to certification or employment of licensed educators. Under the bill, all references to “Level 2” screening have been deleted, making clear that chapter 1012 governs employment and licensure of educators.

• Rescreening - Criminal background screening is

required every five years. If it is found that an educator has not been screened appropriately, he/she must be suspended from any position requiring

a certificate.

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Employment DisqualificationSection 1012.315

Instructional personnel and school administrators are ineligible for certification (when indicated below) and employment in any position that requires direct contact

with students if the person has been convicted of:

1) Any one of 47 felony offenses as identified in 1012.315(1) to include, but not limited, to aggravated assault, prostitution, lewdness and indecent exposure, voyeurism, obscenity, sexual misconduct, robbery, resisting arrest with violence, etc. (Covers Employment and Certification)

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Employment Disqualification(Continued)

2) Any criminal act from another state or under federal law if it constitutes a disqualifying offense under Florida law. (Covers Employment and Certification)

3) Any delinquent act in state or out of state which qualifies a person for inclusion on the Registered Juvenile Sex Offender List. (Covers Employment and Certification)

4) Misdemeanor battery, if the victim was a minor, or luring or enticing a child. (Covers Employment and Certification)

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Employment Disqualification(Continued)

5) Has been convicted of a “crime of moral turpitude” as defined by State Board Rule.

(NOTE: Covers offenses occurring prior to effective date of act and juvenile offenses.)

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Dismissal for Just CauseSection 1012.33

Grounds for termination of instructional AC and PSC personnel now includes “immorality,” which joins misconduct in office, incompetency, gross insubordination, willful neglect of duty, or being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude as defined by State Board of Education Rule.

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Dismissal for Just Cause(Continued)

Grounds for termination of any administrator or instructional CC staff includes immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude as defined by State Board of Education Rule.

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Moral TurpitudeAs defined in SBR 6B-4.009(6)

“…a crime that is evidenced by an act of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time a man owes to his or her fellow man or to society in general, and the doing to the act itself and not its prohibition by statute fixes the moral turpitude.”

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Immorality

“Immorality” is defined as:

“conduct that is inconsistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace or disrespect and impair the individual's service in the community.” FAC 6B-4.009(2)

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Complaints - Reporting Certificated Educators Section 1012.796

• Each district shall report to the DOE/PPS legally sufficient complaints within thirty (30) days after the complaint comes to the attention of the school/district. (“legally sufficient” - the ultimate facts show that a violation has occurred - 1012.795)

• Misconduct by instructional/school administrators that warrants termination may result in the employee’s resignation or their termination by the School Board. The Superintendent must report the misconduct to the PPS.

• If alleged misconduct affects the health, safety, or welfare of a student, the Superintendent must IMMEDIATELY SUSPEND the accused WITH PAY and assign him or her to a position not requiring direct contact with students.

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EPC – Educator Discipline

EPC discipline may include, but is not limited to:– Letter of reprimand in district and state certification file– Fine of up to $2000 per count or offense– Limit scope of practice– Denial of issuance or endorsement– Conditional issuance of appropriate certification– Require college course work– Participation in employee assistance/recovery program – Placement on probation– Stipulation or settlement agreement– Suspension of educator certificate– Revocation of educator certificate (up to 10 years; permanent)

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EPC - Revocation/Suspension of Certificate

Knowingly failing to report child abuse and/or instructional/ administrator misconduct which effects health, safety, or welfare of student.

Obtain/attempt to obtain certificate by fraudulent means. Incompetent to teach or perform duties. Guilty of gross immorality or act of moral turpitude. Certificate sanctioned by suspension, revocation or surrender in

another state. Convicted or found guilty of, or entered a plea of guilty to,

regardless of adjudication of guilt to a misdemeanor, felony or other criminal charge other than a minor traffic violation.

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EPC - Revocation/Suspension of Certificate(Continued)

Found guilty of personal conduct that seriously reduces effectiveness.

Breach of contract. Court order to suspend due to delinquent child support. Violation of the Principles of Professional Conduct of Education

Profession. Violated any order of the EPC. Subject to a court order to surrender. Disqualified from certification under offenses in 1012.315.

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Educator Misconduct - Examples

The following behavior may be indicative of misconduct that should be reported:

alone with a student in dark / closed room / secluded area behaving in an overly friendly or familiar way, or failing to

maintain an appropriate professional boundary with a student using forceful or unnecessary physical contact with a student administering discipline not compliant with district policy accepting or offering of gifts for return of a favor or privilege

from students or colleagues badgering or habitually teasing a student mocking or belittling a student accepting compensation for tutoring students in your class

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Educator Misconduct - Examples(Continued)

chronically embarrassing a student displaying prejudice or bigotry against a student suspicion of being under the influence of drugs or alcohol failing to properly supervise students or to ensure student safety cheating, falsifying information, or testing violations retaliating against a student or colleague for reporting

misconduct bantering or engaging in colloquial or slang communications

with a student directing or using profane, offensive, or explosive language in

the presence of students making lewd or suggestive comments or overtures toward a

student or colleague

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Does Misconduct Occur Within SCPS

Guilty of DUI

Statutory / Ethical / State Board Rule Violations:

• Guilty of Gross immorality / act involving moral turpitude

• Conviction other than minor traffic violation

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Does Misconduct Occur Within SCPS - Continued

Penalty imposed by EPC

• Reprimand

• Probation – 2 years

• Fines and Fees - $400

• Annual Assessments to EPC – 2 years

• Recovery Network Program

• “Three Strikes Provision”

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Does Misconduct Occur Within SCPS - Continued

Alter student’s test score - performance pay

Statutory / Ethical / State Board Rule Violations:• Guilty of Gross immorality / act involving moral

turpitude• Guilty of personal conduct that reduces

effectiveness as an employee• Violations of Principles of Prof. Conduct 6B-

1.006 (4) b, c - (5) a, g, h

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Does Misconduct Occur Within SCPS - Continued

Romantic relationship with a studentStatutory / Ethical / State Board Rule Violations:• Guilty of gross immorality / act involving moral

turpitude• Failure to protect student from conditions harmful

to learning / mental health/ physical health/safety• Exploited student relationship for personal gain • Violation of State Board Rule 6B-4.009(2) –

conduct that brings the profession into public disgrace or disrespect

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Does Misconduct Occur Within SCPS - Continued

Penalty imposed by EPC

• Permanent revocation

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Forfeiture of Retirement Benefits

Requires the forfeiture of retirement benefits for the conviction of a felony as defined in FS 800.04 (lewd and lascivious offenses committed upon or in the presence of persons under 16) or chapter 794, Florida Statutes (unlawful sexual activity when the victim is younger than 18), when committed on or after October 1, 2008. For the forfeiture of benefits:

• the person must be a public officer or employee when the offense occurred;

• the person must have committed the offense through the use or attempted use of power, rights, privileges, duties or position of the person’s public office or employment position; and,

• the victim was younger than 18 years of age when the offense occurred.

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Forfeiture of Retirement Benefits

(Continued)

Note that as it applies to forfeiture of retirement benefits, “conviction” is defined in FS 112.3173(2)(a) to include “an adjudication of guilt by a court of competent jurisdiction, a plea of guilty or of nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense.”

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Reporting Child AbuseSection 1006.06

Required School Postings:

1. District and Schools must post notice that all employees have an affirmative duty to report all actual or suspected cases of child abuse, abandonment or neglect to DCF. The notice is to include the statewide toll-free telephone number of the central abuse hotline. (1-800-96-ABUSE)

2. Each school must post in a prominent place on its website the policies and procedures for reporting alleged misconduct, the contact person to whom the report is made, and the penalties imposed for failure to report alleged misconduct or suspected or actual child abuse.

Superintendent or designee is required, when requested, to act as a liaison to DCF and the Child Protective Team.

All provisions now apply to public schools, charter schools, private schools that accept scholarships, and Florida School for the Deaf and the Blind.

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Questions