The rule outlines the range of penalties to be imposed in disciplinary cases.

 

DEPARTMENT OF EDUCATION
Education Practices Commission

RULE NO: RULE TITLE
6B-11.007: Disciplinary Guidelines
PURPOSE AND EFFECT: The rule outlines the range of penalties to be imposed in disciplinary cases.

SUMMARY: The rule establishes a penalty range for violations; updates language; and incorporates the penalty for third or subsequent violations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 1012.79(7), 1012.795(6)(b)FS.
LAW IMPLEMENTED: 1012.795, 1012.796(7),(8) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathleen M. Richards, Executive Director, Education Practices Commission, 325 W. Gaines Street, 224 Turlington Building, Tallahassee, Florida 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6B-11.007 Disciplinary Guidelines.

(1) No change.

(2) The following disciplinary guidelines shall apply to violations of the below listed statutory and rule violations and to the described actions which may be basis for determining violations of particular statutory or rule provisions. Each of the following disciplinary guidelines shall be interpreted to include “probation,” “Recovery Network Program,” “letter of reprimand,” “restrict scope of practice,” “fine,” and “administrative fees and/or costs” with applicable terms thereof as an additional penalty provisions. The terms “suspension” and “revocation” shall mean any length of suspension or revocation, including permanent revocation, permitted by statute, and shall include a comparable period of denial of an application for an educator's certificate.

 

(a)1. Obtaining or attempting to obtain a Florida educator’s certificate or employment by fraudulent means in violation of Section 1012.795 231.28(1)(a), F.S.	Probation – Revocation Suspension
2. Alteration of a Florida educator’s certificate in violation of Section 1012.795 231.28(1)(c), (f), (i), F.S., paragraphs subsections 6B-1.006(5)(a), (g), (h), F.A.C.	Revocation
(b)1. Being incompetent to teach or to perform duties as an educator due to physical or mental incapacity in violation of Section 1012.795 231.28(1)(b), F.S.	3 to 6 Year Probation Suspension – Revocation
2. Being incompetent to teach or to perform duties as an educator due to inefficiency in violation of Section 1012.795 231.28(1)(b), F.S.	Probation Suspension  Revocation
(c)1. Being guilty of gross immorality or an act involving moral turpitude in violation of Section 1012.795(1)(c), F.S. 2. When a student or school activity is involved.	Probation – Revocation   Suspension – Revocation
(d) Having an educator certificate sanctioned by another state in violation of Section 1012.795(1)(d), F.S.	Suspension – Revocation
(e) Committing criminal acts and/or convictions in violation of Section 1012.795(1)(e), F.S. 1. Misdemeanors	Reprimand – Suspension
2. Felonies	Suspension – Revocation
(f) Engaging in personal conduct which seriously reduces effectiveness as a district school board employee in violation of Section 1012.795(1)(f), F.S.	Probation – Revocation
(g) Having breached a contract, as provided in Section 1012.33(2), F.S. in violation of Section 1012.795(1)(g), F.S.	Probation – Suspension
(h) Violating any order of probation terms ordered by the Education Practices Commission in violation of Section 1012.795 231.28(1)(k)(b), F.S., or paragraph 6B-1.006(5)(p)(o), F.A.C.	1-Year Probation – Revocation 3-Year Suspension
(i) Violating the Principles of Professional Conduct in violation of s. 1012.795(i), F.S. by:
1.(d) Misappropriation of money in violation of Section 231.28(1)(c), (e), (f), (i), F.S., paragraphs 6B-1.006(4)(c), (5)(a), F.A.C.	Probation Restrict Scope of Practice Suspension  Permanent Revocation
2.(e) Using position for personal gain in violation of Section 231.28(1)(c), (f), (i), F.S., paragraph 6B-1.006(4)(c), F.A.C.	Probation – Revocation 2-Year Suspension
3.(f) Altering student/school records in violation of Section 231.28(1)(c), (f), (i), F.S., paragraphs 6B-1.006(3)(f), (4)(b), (5)(a), F.A.C.	Probation 3-Year Suspension – Revocation
(g) Committing criminal acts and/or convictions in violation of Section 231.28(1)(c), (e), (f), F.S. 1. Misdemeanors	Reprimand – Suspension
2. Felonies	Suspension – Revocation
4.(h) Sexual misconduct, no students involved, in violation of Section 231.28(1)(c), (f), (i), F.S., paragraphs 6B-1.006(4)(c), (5)(c), (d), F.A.C.	Probation – Revocation Suspension
5.(i) Sexual misconduct with any student or any minor in violation of Section 231.28(1)(c), (f), (i), F.S., paragraphs 6B-1.006(3)(a), (e), (g), (h), (4)(c), F.A.C.	Revocation
6.(j) Misuse of corporal punishment/Inappropriate methods of discipline in violation of Section 231.28(1)(b), (c), (f), (i), F.S., paragraphs 6B-1.006(3)(a), (e), F.A.C.	Reprimand – Revocation
7.(k) Alcohol or drug-related offenses in violation of Section 231.28(1)(c), (e), (f), (i), F.S., paragraphs 6B-1.006(3)(a), (e), F.A.C. 1. Student-involvement 2. Non-Student involvement	Suspension – 2-Year Revocation Probation – 1-Year Revocation
8.(l) Possession of controlled substances in violation of Section 231.28(1)(c), (e), (f), (i), F.S., paragraph 6B-1.006(3)(a), F.A.C. 1. Student Involvement 2. No Student Involvement	1-Year Suspension – 2-Year Revocation Suspension – Revocation Probation – Revocation
9.(m) Sale, trafficking, conspiracy to traffic controlled substances in violation of Section 231.28(1)(c), (e), (f), (i), F.S., paragraph 6B-1.006(3)(a), F.A.C.	7-Year Revocation Permanent Revocation
10.(n) Harassment or discrimination of students on the basis of race, color, religion, sex, age, origin, political beliefs, handicap, sexual orientation, or family status in violation of Section 231.28(1)(i), F.S., paragraph 6B-1.006(3)(g), F.A.C.	Reprimand – Revocation
11.(o) Harassment or discrimination which interferes with an individual’s performance or work in violation of Section 231.28(1)(i), F.S., paragraph 6B-1.006(5)(d), F.A.C.	Reprimand – Revocation
12. Testing violations for tests involving teacher certification and credentialing in violation of paragraph 6B-1.006(5)(a),(h),(l), F.A.C.	Revocation
13.a. Improperly assisting a student with testing in violation of paragraphs 6B-1.006(3)(a),(5)(a), F.A.C. b. When standardized testing is involved.	Suspension – Revocation   Revocation
14. Engaging in inappropriate electronic communications/ transmissions/downloads in violation of paragraphs 6B-1.006(3)(a), (g),(4)(c), (5)(d), F.A.C.
a.1. Involving pornography. 2.When students are also involved.	Suspension – Revocation; Revocation
b.1. Involving gambling. 2.When students or colleagues are also involved.	Probation – Revocation Suspension  Revocation
15. Failure to report child abuse in violation of paragraph 6B-1.006(3)(a), F.A.C.	Probation – Suspension
16. Failure to protect or supervise students in violation of paragraph 6B-1.006(3)(a), F.A.C.	Probation – Revocation
17. Engaging in plagiarism or other fraud or dishonesty in professional activities in violation of paragraphs 6B-1.006(5)(a),(g),(i), F.A.C.	Suspension – Revocation
18. Failure to self-report an arrest or disposition within 48 hours in violation of paragraph 6B-1.006(5)(m), F.A.C.	Reprimand – Suspension
19. Failure to report a violation of the Florida School Code or State Board of Education Rules in violation of paragraph 6B-1.006(5)(n), F.A.C.	Reprimand – Revocation
20. Failure for a supervising administrator to enforce the terms of a Final Order in violation of paragraph 6B-1.006(5)(q), F.A.C.	Probation – Revocation
21. Retaliation for reporting/interference with investigation/failure to cooperate with investigation in violation of paragraph 6B-1.006(5)(0), F.A.C.	Suspension – Revocation
22. Other violations of the Principles of Professional Conduct and the Florida Administrative Code.	Probation – Revocation
(j) Other violations of Section 1012.795, F.S.	Probation – Revocation or such penalty as is required by statute
(k)(p) Multiple categories of violations. enumerated above in concurrent or consecutive terms.	EPC will apply penalties

(a) through (l) No change.

(m) Attempts by the educator to correct or stop the violation or refusal by the educator licensee to correct or stop the violation;

(n) through (4) No change.

(5) The above guidelines notwithstanding, any individual who committed violations where the Commission imposed a penalty on two prior occasions shall have their certificate permanently revoked as the penalty for a third or subsequent disciplinary case appearing before the Commission. The Commission will not count the following as prior discipline for purposes of this subsection:

(a) Penalties for administrative violations of failing to submit annual reports or failing to pay a probation fee ordered by the Commission; and

(b) First-time penalties against an applicant for certification who has never been disciplined by the Commission.

Specific Authority 1012.79(7), 1012.795(6)(b) FS. Law Implemented 1012.795, 1012.796(7),(8) FS. History–New 2-27-94, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Education Practices Commission

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Education Practices Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 5, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 3, 2006