“ethics in education act”

““Ethics in Education Act”Ethics in Education Act”

Senate Bill 1712Senate Bill 1712

2008 Florida Legislature2008 Florida Legislature

Effective July 1, 2008Effective July 1, 2008

22

HeadlinesHeadlines

Debra LaFaveDebra LaFaveProvocative Pictures Of Sex-Arrest Teacher Surface Teacher Provocative Pictures Of Sex-Arrest Teacher Surface Teacher

Accused Of Sex With 14-Year-OldAccused Of Sex With 14-Year-Old StudentStudent TAMPA -- Provocative pictures TAMPA -- Provocative pictures of a Tampa-area middle school of a Tampa-area middle school teacher accused of sex with a teacher accused of sex with a student have surfaced on the Internet. student have surfaced on the Internet. Reading teacher Debra Beasley LaFave, Reading teacher Debra Beasley LaFave, 23, is a newlywed who is accused of 23, is a newlywed who is accused of having intercourse with and performing having intercourse with and performing oral sex on a 14-year-old student at oral sex on a 14-year-old student at Greco Middle School several times. Greco Middle School several times.

The pictures were reportedly taken The pictures were reportedly taken when LaFave was modeling as when LaFave was modeling as an 18-year-old. an 18-year-old.

LaFave was released from the Hillsborough County Jail after LaFave was released from the Hillsborough County Jail after posting $5,000 bail. posting $5,000 bail.

Her bail was reduced from $15,000.Her bail was reduced from $15,000.

3

Stephanie RagusaStephanie Ragusa

New sex charges for Tampa teacherNew sex charges for Tampa teacher HILLSBOROUGH COUNTYHILLSBOROUGH COUNTY -- --

Stephanie Ragusa, a teacher accused of having Stephanie Ragusa, a teacher accused of having

sex with two of her students, has been arrestedsex with two of her students, has been arrested

for a third time. for a third time.

The 28-year-old was arrested and booked into The 28-year-old was arrested and booked into

Orient Road Jail Monday afternoon on twoOrient Road Jail Monday afternoon on two

counts of unlawful sexual activity with a minor. counts of unlawful sexual activity with a minor.

According to reports, Ragusa was caughtAccording to reports, Ragusa was caught

in the act with a boy she is accused of havingin the act with a boy she is accused of having

sex with before.sex with before.

Ragusa was first arrested on March 13th, Ragusa was first arrested on March 13th,

for having sex with a 14-year-old boy.for having sex with a 14-year-old boy.

She was arrested for a second time on April 15th for having sex with another She was arrested for a second time on April 15th for having sex with another student.student.

Ragusa was a teacher at Davidson Middle School, in Tampa.Ragusa was a teacher at Davidson Middle School, in Tampa.

ABC Action News-4/28/2008ABC Action News-4/28/2008

4

Heidi SweetHeidi Sweet

Penalties very harsh for teachers caught in FCAT Penalties very harsh for teachers caught in FCAT cheating limbocheating limboBy BILL KACZORBy BILL KACZORTHE ASSOCIATED PRESSTHE ASSOCIATED PRESS

TALLAHASSEETALLAHASSEE – – Teacher Heidi Sweet says she put pencil Teacher Heidi Sweet says she put pencil marks next to questions some fifth-graders marks next to questions some fifth-graders had skipped or gotten wrong while taking had skipped or gotten wrong while taking Florida's high-stakes standardized test to Florida's high-stakes standardized test to encourage them to try again.encourage them to try again.It was a career-ending mistake.It was a career-ending mistake.She is one of 50 Florida teachers, counselorsShe is one of 50 Florida teachers, counselors and administrators the state has disciplinedand administrators the state has disciplined in the past 10 years for cheating or making errors in giving the FCAT in the past 10 years for cheating or making errors in giving the FCAT used to grade public schools and students, as well as other exams, used to grade public schools and students, as well as other exams, according to files obtained from the state Education Department according to files obtained from the state Education Department through a public records request.through a public records request.

"This is like a warning to all you teachers out there -- don't "This is like a warning to all you teachers out there -- don't

mess with that FCAT," said Sweet, who taught for 25 years.mess with that FCAT," said Sweet, who taught for 25 years.

55

Lesson on explosives gets teacher arrested By Amy C. RippelThe Orlando SentinelThursday, February 17, 2005

ORLANDO, Fla. — A Florida high-school chemistry teacher was arrested this week after students told authorities he taught his class how to make explosives, the Orange County Sheriff's Office said. David Pieski, 42, a teacher at Freedom High School for two years, used an overhead projector in his classroom to give students detailed instructions in bomb-making, including advising them to use an electric detonator to stay clear from the blast, according to an arrest report Monday.

General Purpose of SB 1712General Purpose of SB 1712

To establish a set of requirements for To establish a set of requirements for the employment and certification of the employment and certification of educatorseducators

To establish a procedure for reporting To establish a procedure for reporting educator misconducteducator misconduct

To identify the disciplinary actions taken To identify the disciplinary actions taken against educators guilty of misconductagainst educators guilty of misconduct

To whom does the law apply?To whom does the law apply?

Instructional PersonnelInstructional Personnel: any : any teacher, paraprofessional, aide, or teacher, paraprofessional, aide, or substitute teacher who has direct substitute teacher who has direct contact with students.contact with students.

AdministratorsAdministrators: any principal, : any principal, assistant principal, dean, etc. who assistant principal, dean, etc. who manages the daily operation of a manages the daily operation of a school.school.

Background InformationBackground Information

Florida has traditionally held all educators Florida has traditionally held all educators – instructional and administrative- to a – instructional and administrative- to a “higher moral standard” in the “higher moral standard” in the community because of their role in community because of their role in educating children. They are placed in a educating children. They are placed in a “position of trust” as custodians of “position of trust” as custodians of children and therefore must have a children and therefore must have a “good moral character.”“good moral character.”

(Paraphrased and quoted from various court rulings) (Paraphrased and quoted from various court rulings)


Florida Statutes:Florida Statutes: 1006.061, 1012.315, 1012.321006.061, 1012.315, 1012.32 1012.56, 1012.785, 1012.7961012.56, 1012.785, 1012.796

State Board Rules:State Board Rules: 6B-1.001 (Code of Ethics of the Education6B-1.001 (Code of Ethics of the Education Profession in Florida)Profession in Florida) 6B-1.006 (Principles of Professional 6B-1.006 (Principles of Professional

Conduct)Conduct)


Code of EthicsCode of Ethics *applies to all persons holding a Florida*applies to all persons holding a Florida temporary or professional certificatetemporary or professional certificate

*establishes the development of the*establishes the development of the student’s potential and the maintenancestudent’s potential and the maintenance of the highest degree of ethical conductof the highest degree of ethical conduct as the primary concerns of educatorsas the primary concerns of educators


Principles of Professional ConductPrinciples of Professional Conduct

*applies to all persons holding a Florida*applies to all persons holding a Florida

temporary or professional certificatetemporary or professional certificate

*outlines the obligations all educators*outlines the obligations all educators

have to the student, to the public, and have to the student, to the public, and

to the profession.to the profession.


Employee Code of Ethics Employee Code of Ethics and Standards of Conductand Standards of Conduct

(for the School District of DeSoto County)(for the School District of DeSoto County)

*applies to *applies to allall district employees district employees *establishes standards of behavior in the*establishes standards of behavior in the workplace, a chain of command andworkplace, a chain of command and procedures for reporting violations andprocedures for reporting violations and an outline of possible disciplinary an outline of possible disciplinary

actions actions

Employee Code of EthicsEmployee Code of Ethics(DeSoto County Schools)(DeSoto County Schools)

Employees shall respect the rights Employees shall respect the rights of others. of others.

Employees shall exhibit behavior Employees shall exhibit behavior supporting the mission, goals, and supporting the mission, goals, and best interests of the school district.best interests of the school district.

Employees shall perform assigned Employees shall perform assigned duties in an orderly and efficient duties in an orderly and efficient manner.manner.

Employee Code of EthicsEmployee Code of Ethics(DeSoto…continued)(DeSoto…continued)

Employees shall work together to Employees shall work together to build a high performance team and build a high performance team and perform as an active, positive perform as an active, positive member of that team.member of that team.

Employees shall not withhold or Employees shall not withhold or conceal any information requested conceal any information requested by school officials.by school officials.

Employee Code of EthicsEmployee Code of Ethics (Desoto…continued)(Desoto…continued)

Employees are expected to Employees are expected to exemplify conduct that is lawful, exemplify conduct that is lawful, professional, and that contributes to professional, and that contributes to a positive learning environment for a positive learning environment for students.students.

Employees shall adhere to the ethics Employees shall adhere to the ethics of the statewide testing programof the statewide testing program

Employees who are teachers shall Employees who are teachers shall comply with the Code of Ethics of the comply with the Code of Ethics of the Education Profession in Florida.Education Profession in Florida.

Employee Code of EthicsEmployee Code of Ethics (Desoto…continued)(Desoto…continued)

Employees who are teachers shall Employees who are teachers shall comply with the state’s Principles of comply with the state’s Principles of Professional Conduct.Professional Conduct.

Employees shall adhere to the Employees shall adhere to the Organizational Code of Conduct and all Organizational Code of Conduct and all school district policies and regulations.school district policies and regulations.

(See “School Board Policies” and “Employee (See “School Board Policies” and “Employee Handbook” in the Human Resources link on the Handbook” in the Human Resources link on the district website)district website)

What SB 1712 Requires What SB 1712 Requires School Districts to do… School Districts to do…

When hiring new instructional or When hiring new instructional or administrative personnel,administrative personnel,

1. check and document references and 1. check and document references and previous employment history, previous employment history,

2. check various databases for 2. check various databases for disciplinary actions taken against any disciplinary actions taken against any job candidate,job candidate,

3. perform federal criminal records re-3. perform federal criminal records re-screening every 5 years.screening every 5 years.


4. disqualify from employment any individual 4. disqualify from employment any individual convicted of any felony offense listed on the convicted of any felony offense listed on the handout or link provided.handout or link provided.

(mandatory self-reporting within 48 hours)(mandatory self-reporting within 48 hours)

Note: SB 1712 denies certification to any Note: SB 1712 denies certification to any applicant or revokes the certificate of applicant or revokes the certificate of any current educator who has been any current educator who has been convicted of a disqualifying felony convicted of a disqualifying felony regardless of the date of the prior regardless of the date of the prior offense or conviction.offense or conviction.


5. Report any convictions of disqualifying 5. Report any convictions of disqualifying felonies to the Department of Educationfelonies to the Department of Education

Note: Any Educator convicted of a Note: Any Educator convicted of a felony involving “lewd and lascivious felony involving “lewd and lascivious offenses committed on or in the offenses committed on or in the presence of a person under 16” or presence of a person under 16” or “unlawful activity with certain “unlawful activity with certain minors” committed on or after minors” committed on or after October 1, 2008, shall forfeit all October 1, 2008, shall forfeit all publicly-funded retirement benefits.publicly-funded retirement benefits.


Establish ethical standards and train Establish ethical standards and train instructional and administrative staff instructional and administrative staff in these standards in these standards

Require the reporting of any alleged Require the reporting of any alleged misconduct, establish a procedure misconduct, establish a procedure for reporting, and explain the liability for reporting, and explain the liability protections afforded to reportersprotections afforded to reporters

Prohibit confidentiality agreements Prohibit confidentiality agreements with terminated employees with terminated employees

Some Examples of MisconductSome Examples of Misconduct

Obscene languageObscene language Drug and alcohol useDrug and alcohol use Disparaging commentsDisparaging comments Prejudice or bigotryPrejudice or bigotry Sexual innuendoSexual innuendo CheatingCheating Testing violationsTesting violations Physical aggression etc.Physical aggression etc.

Common Types of AllegationsCommon Types of Allegationsreported to the statereported to the state

Sexual MisconductSexual Misconduct Inappropriate Comments, ConductInappropriate Comments, Conduct Boundary ViolationsBoundary Violations Misappropriation of School FundsMisappropriation of School Funds Bullying/ HarassmentBullying/ Harassment IncompetenceIncompetence Fraudulent Information/CredentialsFraudulent Information/Credentials Criminal Charges Criminal Charges Alcohol/Drug UseAlcohol/Drug Use

The Many “Faces” of FraudThe Many “Faces” of Fraud

Producing a “manufactured” bogus Producing a “manufactured” bogus degreedegree

Purchasing a degree from a “Diploma Purchasing a degree from a “Diploma Mill”Mill”

Lying on a job applicationLying on a job application

Lying on an application for certificationLying on an application for certification


Tampering with student records/gradesTampering with student records/grades

Falsifying travel/reimbursement recordsFalsifying travel/reimbursement records

Mishandling/personally using school Mishandling/personally using school fundsfunds

Violating record keeping and/or Violating record keeping and/or accounting proceduresaccounting procedures


Taking a “sick day” to shop, go to the Taking a “sick day” to shop, go to the beach, see a movie, etc.beach, see a movie, etc.

Misrepresenting yourself, your work, Misrepresenting yourself, your work, or your professional credentials to or your professional credentials to others others

(All fraudulent acts are acts of misconduct (All fraudulent acts are acts of misconduct

which should be reported.)which should be reported.)

Some Signs Some Signs of Possible Misconductof Possible Misconduct

Excessive physical contact with studentsExcessive physical contact with students Communicating using student slangCommunicating using student slang Provocative dress or speechProvocative dress or speech Phone calls, cards, gifts, emails, text Phone calls, cards, gifts, emails, text

messages between adult and studentmessages between adult and student Using demeaning comments or disciplineUsing demeaning comments or discipline ““Borrowing” money from students, Borrowing” money from students,

parents or school fundsparents or school funds

How to Report Misconduct How to Report Misconduct of Educators or Administratorsof Educators or Administrators

Report, verbally or in writing, any Report, verbally or in writing, any alleged alleged educator misconducteducator misconduct to to the site manager or administrator or the site manager or administrator or to Mr. Dan Dubbert, Director of to Mr. Dan Dubbert, Director of Student Services at 863.993.1333Student Services at 863.993.1333

Report any Report any administrator administrator misconductmisconduct directly to the Director directly to the Director of Human Resources or to the of Human Resources or to the Superintendent of Schools at Superintendent of Schools at 863.494.4222.863.494.4222.

Is Reporting Required?Is Reporting Required?

All employees have the All employees have the legallegal and and ethicalethical responsibility to report any responsibility to report any alleged educator or administrator alleged educator or administrator misconduct which affects the health, misconduct which affects the health, safety, and welfare of students.safety, and welfare of students.

Failure to report may result in Failure to report may result in disciplinary action or termination of disciplinary action or termination of employment.employment.

Whom Should You Report?Whom Should You Report?

Classroom TeachersClassroom Teachers ParaprofessionalsParaprofessionals Substitute TeachersSubstitute Teachers Librarians (Media Specialists)Librarians (Media Specialists) Guidance CounselorsGuidance Counselors Social workersSocial workers PsychologistsPsychologists Administrators etc.Administrators etc.

What will happen after you report?What will happen after you report?

If the report is made “in good faith,” you If the report is made “in good faith,” you are immune from civil or criminal are immune from civil or criminal liability.liability.

The person receiving the report will log The person receiving the report will log date, time, and details and notify the date, time, and details and notify the Superintendent within 24 hours.Superintendent within 24 hours.

The accused may be reassigned or The accused may be reassigned or suspended pending further investigation suspended pending further investigation and/or notification of higher authorities.and/or notification of higher authorities.

What kinds of Disciplinary Actions What kinds of Disciplinary Actions Can be Taken?Can be Taken?

Depending on the severity of the offense, Depending on the severity of the offense, disciplinary actions could includedisciplinary actions could include

Oral Reprimand (by supervisor or higher)Oral Reprimand (by supervisor or higher) Written Reprimand (by supervisor or higher)Written Reprimand (by supervisor or higher) Suspension (by Superintendent and School Board)Suspension (by Superintendent and School Board) Dismissal (by Superintendent and School Board)Dismissal (by Superintendent and School Board)

(See School Board Policies)(See School Board Policies)

Cumulative DisciplineCumulative Discipline

Prior offenses resulting in discipline Prior offenses resulting in discipline may be used to determine the may be used to determine the severityseverity of the action taken for the of the action taken for the current offense.current offense.

Progressive DisciplineProgressive Discipline

Employees who continue to violate the Employees who continue to violate the same standard of conductsame standard of conduct may be may be subjected to progressively more subjected to progressively more severe discipline for the continued severe discipline for the continued violations.violations.

Standards for Disciplinary ActionStandards for Disciplinary Actionin DeSoto County School Districtin DeSoto County School District

(examples)(examples)

Damage or destruction of school Damage or destruction of school propertyproperty

11stst offense: written reprimand to dismissal offense: written reprimand to dismissal

22ndnd offense: suspension or dismissal offense: suspension or dismissal

33rdrd offense: dismissal offense: dismissal

Standards for Disciplinary ActionStandards for Disciplinary Action(examples)(examples)

Conviction of a misdemeanor or Conviction of a misdemeanor or felony for a crime committed on or felony for a crime committed on or off the job:off the job:

11stst offense: suspension or dismissal offense: suspension or dismissal

22ndnd offense: dismissal offense: dismissal


Tardiness or absenteeismTardiness or absenteeism

11stst offense: oral reprimand offense: oral reprimand

22ndnd offense: written reprimand offense: written reprimand

33rdrd offense: suspension offense: suspension

44thth offense: dismissal offense: dismissal


Misuse of school district funds, Misuse of school district funds, property, or equipment:property, or equipment:

11stst offense: written reprimand to offense: written reprimand to dismissaldismissal

22ndnd offense: dismissal offense: dismissal

Reporting Child Abuse/NeglectReporting Child Abuse/Neglect

““Good Faith” reporting of child abuse, Good Faith” reporting of child abuse, neglect, abandonment, is mandatory.neglect, abandonment, is mandatory.

Reporting is confidential.Reporting is confidential. ““Good faith” reporters are immune from Good faith” reporters are immune from

liability & must comply with investigations.liability & must comply with investigations. False reporters or those who fail to report False reporters or those who fail to report

may be guilty of a misdemeanor or felony.may be guilty of a misdemeanor or felony.

Where to Report Child AbuseWhere to Report Child Abuse

Hotline: Hotline:

1.800.96ABUSE (962.2873)1.800.96ABUSE (962.2873)

Online: Online:

www.dcf.state.fl.us/abuse/www.dcf.state.fl.us/abuse/report/report/

“ethics in education act”

Documents