Code of Ethics for Educators in Florida: Upholding Professional Standards and Ensuring Student Well-being

The education profession demands the highest ethical standards. In Florida, certified educators are expected to adhere to a strict code of conduct as outlined in the Florida Statutes and State Board of Education Rule. These principles, coupled with regulations regarding misconduct reporting and disciplinary actions, aim to protect students, maintain the integrity of the profession, and foster community trust.

Principles of Professional Conduct

The Principles of Professional Conduct serve as a guide for educators and the community, outlining expectations for professional behavior. These principles underscore the obligations and expectations inherent in the education profession. The Florida Educator Accomplished Practices further reinforce professional responsibility and ethics as a cornerstone of teacher preparation programs, certification requirements, and instructional personnel appraisal systems within school districts.

(1) (a) The educator values the worth and dignity of every person, the pursuit of truth, devotion to excellence, acquisition of knowledge, and the nurture of democratic citizenship.

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

(2) Florida educators shall comply with the following disciplinary principles.

Reporting Educator Misconduct: A Shared Responsibility

Florida law mandates a clear obligation for reporting educator misconduct. Florida Statutes s. 1006.061 states that all employees and agents of district school boards, charter schools, and private schools accepting scholarship students must report misconduct by instructional personnel or school administrators. This responsibility is paramount to ensuring student safety and well-being.

Who Must Report?

The duty to report misconduct extends to all employees and agents of a district school board, charter school, or private school. If you are aware of or observe misconduct, immediate reporting is crucial.

To Whom Should Misconduct Be Reported?

The specific reporting channels within a school or district should be clearly defined. Participating private schools must determine the contact person to whom reports of misconduct are made. However, allegations of misconduct by Florida certified educators must also be reported to the Office of Professional Practices Services using the Educator Misconduct Reporting Form.

Who is covered by these rules?

These rules apply to a broad range of educational personnel, including:

Teachers
Paraprofessionals
Substitute teachers
Librarians, guidance counselors, and social workers
Career specialists and school psychologists
School administrators

What Constitutes Educator Misconduct?

Educator misconduct encompasses a wide range of behaviors that violate professional ethics and potentially harm students. The following behaviors may be indicative of misconduct:

Being alone with a student in a dark or closed room or 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.
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.

The Litmus Test: When to Report

When in doubt, err on the side of caution and report. Consider these questions:

Do you feel uncomfortable with the situation?
Do you question the person’s motives or actions?
If you are unsure, protect the students and yourself, and report.

Specific Prohibitions

Florida educators must adhere to specific prohibitions outlined in the disciplinary principles:

Shall not intentionally provide classroom instruction to students in prekindergarten through grade 8 on sexual orientation or gender identity, except when required by Sections 1003.42(2)(n)3.
Shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination.
Shall not violate s.
Shall not violate s.

Disciplinary Actions for Misconduct

Florida Statutes s. 1012.33 outlines disciplinary procedures regarding district employment contracts with instructional personnel staff, supervisors, and school principals. Florida Statutes s. 1012.795 grants the Education Practices Commission the authority to issue disciplinary action against an individual’s Florida Educator certificate. Florida Statutes s. 1012.796 empowers the Department of Education to investigate and prosecute allegations of educator misconduct.

Potential Disciplinary Measures

Disciplinary actions for educator misconduct can include:

Warning
Suspension with or without pay
Termination of employment
Discipline/Sanctions on an educator’s certificate

Reporting Obligations for Private Schools

Participating private schools must adhere to specific requirements:

Adopt policies establishing standards of ethical conduct for instructional personnel and school administrators as required in section 1002.421, Florida Statutes.
Prohibit confidentiality agreements with instructional personnel or school administrators who are dismissed, terminated, or resign in lieu of termination due to misconduct that affects the health, safety, or welfare of a student.
Post notice at the school stating that all employees have a duty to report actual or suspected cases of child abuse, abandonment, or neglect. The posting must include a contact person to whom the report is made and a statement about the penalties for personnel and administrators who fail to report abuse or misconduct.

The statute requires that the notice regarding the duty to report abuse, abandonment or neglect, and the policies and procedures for reporting alleged misconduct, be posted in a prominent place at each school site.

Read also: Already Claimed ACT Student Code?

Legally sufficient allegations of misconduct by Florida certified educators must be reported to the Office of Professional Practices Services using the Educator Misconduct Reporting Form.

The Department shall immediately suspend the payment of scholarship funds to a participating private school that knowingly fails to comply with these requirements. In certain cases, Florida law also requires the Department to prohibit the school from enrolling new scholarship students for one fiscal year and until the school complies.

Liability Protection for Reporting

Florida law provides liability protection for individuals who report misconduct in good faith.

Any person, official, or institution participating in good faith in any act authorized or required by law or reporting in good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency, shall be immune from any civil or criminal liability which might otherwise result by reason of such action. (F.S. 39.203)

An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under F.S. Chapter 760. (F.S. 768.095)

Employee Training

To ensure understanding and compliance with ethical standards, comprehensive training is essential. For example, all employees of Riverland Christian Academy will have mandatory Ethics in Education training during the week of teacher in-service before each school year begins. The training will cover everything in the above paragraphs, and specific procedures of reporting misconduct. Each employee must sign a signature page stating that they took the training and understand all the procedures. In addition, Ethics in Education information is posted in the School Office, as well as the Staff handbook.

The private school's policies must require all instructional personnel and school administrators, as defined in s. 1012.01(2) and (3), F.S., to complete training on the standards of ethical conduct, regardless of whether they have direct contact with scholarship students.

There is no standardized form for private schools' Standards of Ethical Conduct or Ethics Policy. Private schools may use the versions that are available, or may choose to design their own notices that include the required information.

The Role of the Office of Professional Practices Services (PPS)

The Florida Department of Education's Office of Professional Practice Services plays a critical role in maintaining educator accountability. The Office of Professional Practices Services (PPS) investigates alleged misconduct by educators in Florida who hold an educator’s certificate and pursues disciplinary actions against the certificates of educators found to have committed acts of misconduct. The PPS investigates when facts are presented which show a violation has occurred as provided in s. 1012.796, Florida Statutes, and defined by rules of the State Board of Education. The PPS administers a state-level grievance process and plays an integral part in ensuring that appropriate disciplinary actions are taken against the certificate of an educator certified to teach in Florida.

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