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ETHICS IN EDUCATION ACT Senate Bill 1712

ETHICS IN EDUCATION ACT Senate Bill 1712. Presented by: Vivianne waldron Department of human resources, recruitment, & professional development. Ethics in Education Act, cont’d. Signed into law June 10, 2008; effective July 1, 2008 Impacts certain operational procedures

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ETHICS IN EDUCATION ACT Senate Bill 1712

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  1. ETHICS IN EDUCATION ACTSenate Bill 1712 Presented by: Viviannewaldron Department of human resources, recruitment, & professional development

  2. Ethics in Education Act, cont’d Signed into law June 10, 2008; effective July 1, 2008 Impacts certain operational procedures Basic provisions include: Forfeiture of state retirement benefits for persons convicted on/after Oct. 1, 2008, of certain crimes against children List of offenses that disqualify individuals from employment and/or certification if convicted of the offense (51 offenses) Requires each district accepting scholarship funding to develop and adopt policies of ethical conduct and provide training on the standards, responsibilities, and procedures Prohibition of confidentiality agreements with dismissed or terminated instructional or administrative staff

  3. Ethics in Education Act, cont’d Requirement to conduct employment history check on potential candidates; use screening tools available through DOE Requirement to post policies for reporting abuse/misconduct, contact information, and penalties for failure to report Requirement to report legally sufficient (1012.796 FS) complaints to the DOE/PPS within 30 days of knowledge of incident Requirement for district school superintendents to immediately suspend with pay any instructional/administrative personnel upon allegations of misconduct affecting the health, safety, or welfare of students Strengthening/broadening of penalties for failure of district administrators to investigate/report misconduct, adopt policies, and for submission of false reports

  4. Ethics in Education Act, cont’d • Review of current instructional personnel • 1002.01 FS defines instructional personnel as: • Classroom Teachers • Student Personnel Services • Media Specialists • Education Paraprofessionals • Other Instructional Staff (Resource Teachers) • Eligibility for employment (1012.315 FS): Requires districts to notify PPS regarding any certified educator convicted of offenses listed in statute, which makes one ineligible for educator certification or disqualifies one from employment as instructional or administrative personnel as defined in 1012.01,FS Out of state applicants who apply to DOE for certification and who have prior disqualifying offenses will have a NASDTEC notification on the BEC Pass website. PERSONNEL WHO HAVE BEEN CONVICTED OF A DISQUALIFYING OFFENSE CANNOT BE EMPLOYED IN A POSITION WHICH HAS DIRECT CONTACT WITH STUDENTS

  5. Ethics in Education Act, cont’d • Duties/responsibilities of Superintendents • Investigate alleged misconduct • Report legally sufficient allegations of misconduct to PPS • Submit true and accurate reports • Any elected/appointed school board official forfeits his/her salary for one year if he/she knowingly: • Fails to adopt policies that require reporting of misconduct/investigation of misconduct • Transmits a false/incorrect report

  6. Ethics in Education Act, cont’d • Prior to appointment by Superintendent • Must contact each candidate’s previous employer • Screen candidate for hire through tools provided (1001.10 FS) • Document results from • PPS database of disciplinary actions • Teacher certification database • Candidates previous employer (if unable to contact, must document efforts to contact) THE ACT DISQUALIFIES FROM CERTIFICATION ANY APPLICANT OR EDUCATOR WHO HAS BEEN CONVICTED OF ANY OF THE DISQUALIFYING OFFENSES; DOE WILL DENY CERTIFICATION OR WILL SEEK TO REVOKE CERTIFICATION OF ANY PERSON CONVICTED OF A DISQUALIFYING OFFENSE, REGARDLESS OF THE DATE OF PRIOR OFFENSE OR CONVICTION.

  7. Ethics in Education Act, cont’d • Amended requirements • Must not be disqualified from employment under 1012.315 FS • Must not be convicted of a crime of moral turpitude as defined by State Board of Education • Just cause may now include “immorality” as grounds for termination • Requires showing “gross immorality or an act involving moral turpitude” to impose discipline against an educator’s certificate • Division of Retirement will conduct review of charges to determine if an offense should result in termination of benefits (related to acts with use of power, rights, privileges, or duties of one’s position)

  8. Ethics in Education Act, cont’d • How will the district comply? • Develop/adopt policies and procedures for reporting • Screen ALL candidates for hire through BEC/PPS system (HRRPD doing this currently) • Contact previous employers of potential candidates for hire regarding disqualifying offenses (Principals currently only check references) • Document results and maintain in personnel files • Review existing instructional and administrative staff for disqualifying offenses • Establish procedures to report to PPS allegations of misconduct (HRRPD/ D. Sup’t doing this currently) and findings of disqualifying offenses on candidates and/or employees • Disqualify from employment, when applicable • Provide training for all affected staff on the standards, duties to report, and results of violations (HRRPD/schools currently provide ethics training) • Post policies, penalties, and contact information on website

  9. Ethics in Education Act, cont’d QUESTIONS?

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