6A-5.056. Criteria for Suspension and Dismissal

Just cause” means cause that is legally sufficient. Each of the charges upon which just cause for a dismissal action against specified school personnel may be pursued are set forth in Sections 1012.33 and 1012.335, F.S. In fulfillment of these laws, the basis for each such charge is hereby defined:

(1) “Immorality” means conduct that is inconsistent with the standards of public conscience and good morals. It is conduct that brings the individual concerned or the education profession into public disgrace or disrespect and impairs the individual’s service in the community.

(2) “Misconduct in Office” means one or more of the following:

(a) A violation of the Code of Ethics of the Education Profession in Florida as adopted in Rule 6B-1.001, F.A.C.;

(b) A violation of the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, F.A.C.;

(c) A violation of the adopted school board rules;

(d) Behavior that disrupts the student’s learning environment; or

(e) Behavior that reduces the teacher’s ability or his or her colleagues’ ability to effectively perform duties.

(3) “Incompetency” means the inability, failure or lack of fitness to discharge the required duty as a result of inefficiency or incapacity.

(a) “Inefficiency” means one or more of the following:

1. Failure to perform duties prescribed by law;

2. Failure to communicate appropriately with and relate to students;

3. Failure to communicate appropriately with and relate to colleagues, administrators, subordinates, or parents;

4. Disorganization of his or her classroom to such an extent that the health, safety or welfare of the students is diminished; or

5. Excessive absences or tardiness.

(b) “Incapacity” means one or more of the following:

1. Lack of emotional stability;

2. Lack of adequate physical ability;

3. Lack of general educational background; or

4. Lack of adequate command of his or her area of specialization.

(4) “Gross insubordination” means the intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority; misfeasance, or malfeasance as to involve failure in the performance of the required duties.

(5) “Willful neglect of duty” means intentional or reckless failure to carry out required duties.

(6) “Drunkenness” applies only to persons who hold a contract issued on or before July 1, 1984, and means:

(a) That condition which exists when an individual publicly is under the influence of alcoholic beverages or drugs to such an extent that his or her normal faculties are impaired; or

(b) Conviction on the charge related to drunkenness by a court of law.

(7) Multiple annual performance ratings of unsatisfactory or needs improvement as specified in Section 1012.33(1)(a), F.S.

(8) “Crimes involving moral turpitude” means offenses listed in Section 1012.315, F.S., and the following crimes:

(a) Section 775.085, F.S., relating to evidencing prejudice while committing offense, if reclassified as a felony.

(b) Section 782.051, F.S., relating to attempted felony murder.

(c) Section 782.09(1), F.S., relating to killing of unborn quick child by injury to mother.

(d) Section 787.06, F.S., relating to human trafficking.

(e) Section 790.166, F.S., relating to weapons of mass destruction.

(f) Section 838.015, F.S., relating to bribery.

(g) Section 847.0135, F.S., relating to computer pornography and/or traveling to meet a minor.

(h) Section 859.01, F.S., relating to poisoning of food or water.

(i) Section 876.32, F.S., relating to treason.

(j) An out-of-state offense, federal offense or an offense in another nation, which, if committed in this state, constitutes an offense prohibited under Section 1012.315(6), F.S.

Rulemaking Authority 1001.02, 1012.33, 1012.335 FS. Law Implemented 1012.33, 1012.335 FS. History–New 12-25-66, Amended 9-8-68, Repromulgated 12-5-74, Amended 8-12-81, 4-5-83, Formerly 6B-4.09, 6B-4.009, Amended 7-8-12.