This rule was originally created in April 5, 1983, and provides the criteria for suspension and dismissal of school district instructional staff, supervisors and principals. In 2011, Senate Bill 736 called for a definition of just cause and other ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-5.056: Criteria for Suspension and Dismissal
PURPOSE AND EFFECT: This rule was originally created in April 5, 1983, and provides the criteria for suspension and dismissal of school district instructional staff, supervisors and principals. In 2011, Senate Bill 736 called for a definition of just cause and other criteria for which a district may suspend or dismiss instructional personnel. School districts, and district instructional staff, supervisors and school principals will be affected as the rule defines the reasons a district may suspend or dismiss district instructional staff, supervisors, and school principals.
SUMMARY: The rule is being substantially re-structured. The statute requires six areas be included in the definition of Just Cause. The new rule updates the definitions for each of the six areas and changes their order to mirror the statute.
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: Upon review of the proposed changes to the rule, and based upon its experience, the Department has determined that the rule does not meet the requirements for ratification by the legislature. The changes to the rule do not have an adverse impact on small business and do not directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate within one year of implementation.
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: 1001.02 FS.
LAW IMPLEMENTED: 1012.33, 1012.335 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 10, 2012, 7:30 a.m.
PLACE: Tampa Airport Marriott, Hillsborough Grand Ballroom, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Marian W. Lambeth, Chief, Professional Practices Services, Florida Department of Education, 325 W. Gaines St., Room 203, Tallahassee, FL 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 6A-5.056 follows. See Florida Administrative Code for present text.)

6A-5.056 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, Formerly 6B-4.009, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 4, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 2, 2011