The purpose and effect of this rule development is to update the Criteria for Suspension and Dismissal to include a definition of just cause.

DEPARTMENT OF EDUCATION
Education Practices Commission

RULE NO.: RULE TITLE:
6B-4.009: Criteria for Suspension and Dismissal
PURPOSE AND EFFECT: The purpose and effect of this rule development is to update the Criteria for Suspension and Dismissal to include a definition of just cause.
SUBJECT AREA TO BE ADDRESSED: Define “just cause” and other criteria for which a district may dismiss or suspend instructional personnel.
RULEMAKING AUTHORITY: 1012.33, 1012.335 FS.
LAW IMPLEMENTED: 1012.33, 1012.335 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 19, 2012, 9:30 a.m., EST
PLACE: Via Conference call # 1(866)304-6786, Code 28789527. The conference call will last for a minimum of 30 minutes but will conclude after 30 minutes if no additional callers are on the line.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Marian W. Lambeth, Chief, Professional Practices Services, Florida Department of Education, 325 W. Gaines St., Room 203, Tallahassee, FL 32399, [phone] or e-mail [e-mail]. To request a rule development workshop, please contact: Lynn Abbott, Agency Clerk, Department of Education, [phone] or e-mail [e-mail] or go to https://app1.fldoe.org/rules/default.aspx.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

(Substantial rewording of Rule 6B-4.009 follows. See Florida Administrative Code for present text.)

6B-4.009 Criteria for Suspension and Dismissal.

The bases for charges upon which dismissal action against specified school personnel may be pursued are set forth in Sections 1012.33 and 1012.335, Florida Statutes. The basis for each of such charges 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) Unsatisfactory or ineffective performance evaluation ratings as defined in Section 1012.33(1)(a)., Florida Statutes.

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

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

(b) Section 782.051, Florida Statutes, relating to attempted felony murder.

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

(d) Section 787.06, Florida Statutes, relating to human trafficking.

(e) Section 790.166, Florida Statutes, relating to weapons of mass destruction.

(f) Section 838.015, Florida Statutes, relating to bribery.

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

(h) Section 859.01, Florida Statutes, relating to poisoning of food or water.

(i) Section 876.32, Florida Statutes, 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), Florida Statutes.

Rulemaking Specific Authority 1001.02, 229.053(1), 231.546(2)(a), (b) FS. Law Implemented 1012.33, 1012.335, 231.36(4)(c), 231.546(2) 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, Amended________.