The Principles of Professional Conduct for the Education Profession exist to provide ethical guidelines for Florida Educators to practice and be held accountable for, if there is a violation of the principles. The Commissioner ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.081Principles of Professional Conduct for the Education Profession in Florida

PURPOSE AND EFFECT: The Principles of Professional Conduct for the Education Profession exist to provide ethical guidelines for Florida Educators to practice and be held accountable for, if there is a violation of the principles. The Commissioner may pursue disciplinary action against the license of an educator who violates the principles.

SUMMARY: The amendment prohibits classroom instruction to students in kindergarten through grade 3 on sexual orientation or gender identity and protects all students by expanding the definition of discrimination to include subjecting students to training or instruction that espouses, promotes, advances, inculcates, or compels any of the concepts listed in Section 1000.05(4)(a), F.S.

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: The proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and is not expected to require legislative ratification. The proposed rule is not anticipated to result in any new costs.

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(1), (2)(n), 1012.795(1)(j), F.S.

LAW IMPLEMENTED: 1012.795, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 19, 2022, 9:00 a.m.

PLACE: Caribe Royale, 8101 World Center Drive, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Randy Kosec, Jr., Chief, Office of Professional Practices Services, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-10.081 Principles of Professional Conduct for the Education Profession in Florida.

(1) No change.

(2) Florida educators shall comply with the following disciplinary principles. Violation of any of these principles shall subject the individual to revocation or suspension of the individual educator’s certificate, or the other penalties as provided by law.

(a) Obligation to the student requires that the individual:

1. through 5. No change.

6. Shall not intentionally provide classroom instruction to students in kindergarten through grade 3 on sexual orientation or gender identity.  

7. 6. Shall not intentionally violate or deny a student’s legal rights.

8. 7. Shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. Discrimination on the basis of race, color, national origin, or sex includes subjecting any student to training or instruction that espouses, promotes, advances, inculcates, or compels such student to believe any of the concepts listed in Section 1000.05(4)(a), F.S.

9. 8. Shall not exploit a relationship with a student for personal gain or advantage.

10. 9. Shall keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.

(b) through (c) No change.

Rulemaking Authority 1001.02, 1012.795(1)(j) FS. Law Implemented 1012.795 FS. History–New 7-6-82, Amended 12-20-83, Formerly 6B-1.06, Amended 8-10-92, 12-29-98, Formerly 6B-1.006, Amended 3-23-16,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Randy Kosec, Jr., Chief, Office of Professional Practices Services.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 23, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 4, 2022