The amendment proposes a substantial rewording of the rule.

 

DEPARTMENT OF EDUCATION

Education Practices Commission

RULE NO.: RULE TITLE:

6B-11.007  Disciplinary Guidelines

PURPOSE AND EFFECT: The amendment proposes a substantial rewording of the rule.

SUMMARY: Substantial rewording of rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at the Commission meeting, the Commission, based upon the expertise and experience of its members and the substance of the rule amendment, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule does not impose additional rights, obligations, or duties on any persons or businesses, and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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.

RULEMAKING 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 FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gretchen Kelley Brantley, Executive Director, Education Practices Commission, Turlington Building, 325 West Gaines Street, Tallahassee, FL 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

 

Substantial rewording of Rule 6B-11.007 follows.  See Florida Administrative Code for present text.

6B-11.007 Disciplinary Guidelines.

(1) When the Education Practices Commission finds that a person has committed any act for which the Commission may impose discipline, the Commission shall impose an appropriate penalty within the ranges set forth for various acts or violations in the following disciplinary guidelines unless, based upon consideration of aggravating and mitigating factors in the individual case which are among those set out in subsection (3), the Commission determines that a penalty outside the range in those guidelines but within statutory limitation is appropriate. In those cases in which the Commission relies on aggravating or mitigating factors to depart from the ranges in these disciplinary guidelines, such aggravating and mitigating factors shall be stated in the record of the case and in the Final Order imposing the applicable penalty.

(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,” “restrict scope of practice,” “fine,” and “administrative fees and/or costs” with applicable terms thereof as additional penalty provisions in each case in which neither a suspension or revocation is imposed, the penalty shall include a letter of reprimand. 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) Obtaining or attempting to obtain a Florida educator’s certificate by fraudulent means in violation of Section 1012.795(1)(a), F.S.	Probation – Revocation
(b) Knowingly failing to report actual or suspected child abuse as required in s. 1006.061 or report alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student as required in s. 1012.796, in violation of Section 1012.795(1)(b), F.S.	Probation - Revocation
(c) 1. Being incompetent to teach or to perform duties as an educator due to physical or mental incapacity in violation of Section 1012.795(1)(c), F.S.	Suspension – Revocation
2. Being incompetent to teach or to perform duties as an educator due to inefficiency in violation of Section 1012.795(1)(c), F.S.	Suspension – Revocation
(d) 1. Being guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education in violation of Section 1012.795(1)(d), F.S. 2. When a student or school activity is involved.	Probation – Revocation   Suspension – Revocation
(e) Having an educator certificate sanctioned by revocation, suspension, or surrender by another state in violation of Section 1012.795(1)(e), F.S.	Suspension – Revocation
(f) Committing criminal acts and/or convictions in violation of Section 1012.795(1)(f), F.S. 1. Misdemeanors	Reprimand – Suspension
2. Felonies	Suspension – Revocation
(g) Engaging in personal conduct which seriously reduces effectiveness as a district school board employee in violation of Section 1012.795(1)(g), F.S.	Probation – Revocation
(h) Having breached a contract, as provided in Section 1012.33(2), F.S., in violation of Section 1012.795(1)(h), F.S.	Probation – Suspension
(i) Violating any order of the Education Practices Commission in violation of Section 1012.795(1)(l), F.S.	Probation – Revocation
(j) Violating the Principles of Professional Conduct in violation of Section 1012.795(1)(j), F.S. by:
1. Failing to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety [Rule 6A-10.081(2)(a)1.]	Reprimand - Revocation
2. Unreasonably restraining a student from independent action in pursuit of learning [Rule 6A-10.081(2)(a)2.]	Reprimand - Revocation
3. Unreasonably denying a student access to diverse points of view. [Rule 6A-10.081(2)(a)3.]	Reprimand - Revocation
4. Intentionally suppressing or distorting subject matter relevant to a student’s academic program. [Rule 6A-10.081(2)(a)4.]	Reprimand - Revocation
5. Intentionally exposing a student to unnecessary embarrassment or disparagement. [Rule 6A-10.018(2)(a)5.]	Reprimand - Revocation
6. Intentionally violating or denying a student’s legal rights.  [Rule 6A-10.081(2)(a)6.]	Suspension - Revocation
7. Harassing or discriminating against any student on the basis of race, color, religion, sex, age, origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background or failing to make reasonable effort to assure that each student is protected from harassment or discrimination.  [Rule 6A-10.081(2)(a)7.]	Suspension - Revocation
8. Exploiting a relationship with a student for personal gain or advantage.  [Rule 6A-10.081(2)(a)8.]	Suspension - Revocation
9. Failing to keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.  [Rule 6A-10.081(2)(a)9.]	Probation - Revocation
10. Failing to take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated.  [Rule 6A-10.081(2)(b)1.]	Reprimand - Revocation
11. Intentionally distorting or misrepresenting facts concerning an educational matter in direct or indirect public expression.  [Rule 6A-10.081(2)(b)2.]	Probation - Revocation
12. Using institutional privileges for personal gain or advantage.  [Rule 6A-10.081(2)(b)3.]	Reprimand - Revocation
13. Accepting a gratuity, gift, or favor that might influence professional judgment. [Rule 6A-10.081(2)(b)4.]	Reprimand - Revocation
14. Offering a gratuity, gift, or favor to obtain special advantages.  [Rule 6A-10.081(2)(b)5.]	Probation - Revocation
15. Failing to maintain honesty in all professional dealings.  [Rule 6A-10.081(2)(c)1.]	Reprimand - Revocation
16. Denying to a colleague professional benefits or advantages or participation in any professional organization on the basis of race, color, religion, sex, age, origin, political beliefs, marital status, handicapping condition if otherwise qualified, or social and family background.  [Rule 6A-10.081(2)(c)2.]	Suspension - Revocation
17. Interfering with a colleague’s exercise of political or civil rights and responsibilities.  [Rule 6A-10.081(2)(c)3.]	Probation - Revocation
18. Engaging in harassment or discriminatory conduct which unreasonably interferes with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, intimidating, abusive, offensive, or oppressive environment or failing to make reasonable effort to assure that each individual is protected from such harassment or discrimination.  [Rule 6A-10.081(2)(c)4.]	Suspension - Revocation
19. Making malicious or intentionally false statements about a colleague.  [Rule 6A-10.081(2)(c)5.]	Reprimand - Revocation
20. Using coercive means or promising special treatment to influence professional judgments of colleagues.  [Rule 6A-10.081(2)(c)6.]	Probation - Revocation
21. Misrepresenting one’s own professional qualifications.  [Rule 6A-10.081(2)(c)7.]	Suspension - Revocation
22. Submitting fraudulent information on any document in connection with professional activities.  [Rule 6A-10.081(2)(c)8.]	Suspension - Revocation
23. Making any fraudulent statement or failing to disclose a material fact in one’s own or another’s application for a professional position.  [Rule 6A-10.081(2)(c)9.]	Probation - Revocation
24. Withholding information regarding a position from an applicant or misrepresenting an assignment or condition of employment.   [Rule 6A-10.081(2)(c)10.]	Reprimand - Revocation
25. Failing to provide upon the request of the certificated individual a written statement of specific reasons for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment.  [Rule 6A-10.081(2)(c)11.]	Reprimand - Revocation
26. Assisting entry into or continuance in the profession of any person known to be unqualified in accordance with these Principles of Professional Conduct for the Education Profession in Florida and other applicable Florida Statutes and State Board of Education Rules.  [Rule 6A-10.081(2)(c)12.]	Probation - Revocation
27. Failing to self-report within 48 hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance or failing to report any conviction, finding of guilty, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or nolo contendere for any criminal offense other than a minor traffic violation within 48 hours after the final judgment.  [Rule 6A-10.081(2)(c)13.]	Reprimand - Revocation
28. Failing to report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education Rules.  [Rule 6A-10.081(2)(c)14.]	Reprimand - Revocation
29. Seeking reprisal against any individual who has reported any allegation of a violation of the Florida School Code or State Board of Education Rules.  [Rule 6A-10.081(2)(c)15.]	Probation - Revocation
(k)  Violating other provisions of law, the penalty for which is revocation of the educator certificate in violation of Section 1012.795(1)(k), F.S.	Revocation
(l)  Being subject of a court order or plea agreement in any jurisdiction which requires the certificate holder to surrender or otherwise relinquish his or her educator’s certificate in violation of Section 1012.795(1)(m)	Revocation
(m)  Being disqualified from educator certification under s. 1012.315	Revocation
(n)  Having committed a third recruiting offense as determined by the Florida High School Athletic Association (FHSAA) in violation of Section 1012.795(1)(o)	Revocation for a minimum of three years
(o) Other violations of Section 1012.795, F.S.	Probation – Revocation or such penalty as is required by statute
(p) Multiple categories of violations enumerated above in concurrent or consecutive terms.	EPC will apply penalties

(3) Based upon consideration of aggravating and mitigating factors present in an individual case, the Commission may deviate from the penalties recommended in subsection (2). The Commission may consider the following as aggravating or mitigating factors:

(a) The severity of the offense;

(b) The danger to the public;

(c) The number of repetitions of offenses;

(d) The length of time since the violation;

(e) The number of times the educator has been previously disciplined by the Commission;

(f) The length of time the educator has practiced and the contribution as an educator;

(g) The actual damage, physical or otherwise, caused by the violation;

(h) The deterrent effect of the penalty imposed;

(i) The effect of the penalty upon the educator’s livelihood;

(j) Any effort of rehabilitation by the educator;

(k) The actual knowledge of the educator pertaining to the violation;

(l) Employment status;

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

(n) Related violations against the educator in another state including findings of guilt or innocence, penalties imposed and penalties served;

(o) Actual negligence of the educator pertaining to any violation;

(p) Penalties imposed for related offenses under subsection (2) above;

(q) Pecuniary benefit or self-gain inuring to the educator;

(r) Degree of physical and mental harm to a student or a child;

(s) Present status of physical and/or mental condition contributing to the violation including recovery from addiction;

(t) Any other relevant mitigating or aggravating factors under the circumstances.

(4) These guidelines shall not be interpreted as limitations on penalties assessed within statutory parameters as a result of a negotiated settlement agreement offered by the parties. However, a panel of the EPC shall not be prohibited from rejecting a proposed stipulation. Furthermore, a panel of the EPC may direct that the basis for a penalty arrived at as a result of a settlement agreement of the parties be stated in the final order.

(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.

Rulemaking Authority 1012.79(7), 1012.795(6)(b) FS. Law Implemented 1012.795, 1012.796(7), (8) FS. History–New 2-27-94, Amended 3-22-07, 4-9-09,                              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Education Practices Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Education Practices Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 31, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 6, 2018