Updated 7-7-16

Training Requirement:

All instructional personnel and administrators are required as a condition of employment to complete training on these standards of ethical conduct.

In compliance with the Florida Department of Education, the following Principles of Professional Conduct for the Education Profession in Florida will be enforced as the minimum standard policies for all Educational (certified and non-certified), Therapeutic, and Support Staff of Arbor School.

Any employee of Arbor School found not to be in compliance with these policies and procedures will face disciplinary action and possible termination.

6B-1.006 Principles of Professional Conduct for the Education Profession in Florida. ____________________________________

6B-1.001 Code of Ethics of the Education Profession in Florida.

1. The educator values the worth and dignity of every person, the pursuit of truth, devotion to excellence, acquisition of knowledge, and the nurture of democratic citizenship. Essential to the achievement of these standards are the freedom to learn and to teach and the guarantee of equal opportunity for all.
2. The educator's primary professional concern will always be for the student and for the development of the student's potential. The educator will therefore strive for professional growth and will seek to exercise the best professional judgment and integrity.
3. Aware of the importance of maintaining the respect and confidence of one's colleagues, of students, of parents, and of other members of the community, the educator strives to achieve and sustain the highest degree of ethical conduct.
4. Specific Authority 229.053(1), 231.546(2)(b) FS. Law Implemented 231.546(2)(b) FS. History - New 3-24-65, Amended 8-9-69, Repromulgated 12-5-74, Amended 8-12-81, 7-6-82, Formerly 6B-1.01.

6B-1.006 Principles of Professional Conduct for the Education Profession in Florida.

1. The following disciplinary rule shall constitute the Principles of Professional Conduct for the Education Profession in Florida.
2. 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.
3. Obligation to the student requires that the individual:
   a. Shall 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.
   b. Shall not unreasonably restrain a student from independent action in pursuit of learning.
   c. Shall not unreasonably deny a student access to diverse points of view.
   d. Shall not intentionally suppress or distort subject matter relevant to a student's academic program.
   e. Shall not intentionally expose a student to unnecessary embarrassment or disparagement.
   f. Shall not intentionally violate or deny a student's legal rights.
   g. 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. h. Shall not exploit a relationship with a student for personal gain or advantage. i. Shall keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.
4. Obligation to the public requires that the individual: a. Shall take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. b. Shall not intentionally distort or misrepresent facts concerning an educational matter in direct or indirect public expression. c. Shall not use institutional privileges for personal gain or advantage. d. Shall accept no gratuity, gift, or favor that might influence professional judgment. e. Shall offer no gratuity, gift, or favor to obtain special advantages.
5. Obligation to the profession of education requires that the individual: a. Shall maintain honesty in all professional dealings.
   b. Shall not on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition if otherwise qualified, or social and family background deny to a colleague professional benefits or advantages or participation in any professional organization.
   c. Shall not interfere with a colleague's exercise of political or civil rights and responsibilities.
   d. Shall not engage 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; and, further, shall make reasonable effort to assure that each individual is protected from such harassment or discrimination.
   e. Shall not make malicious or intentionally false statements about a colleague.
   f. Shall not use coercive means or promise special treatment to influence professional judgments of colleagues.
   g. Shall not misrepresent one's own professional qualifications.
   h. Shall not submit fraudulent information on any document in connection with professional activities.
   i. Shall not make any fraudulent statement or fail to disclose a material fact in one's own or another's application for a professional position.
   j. Shall not withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.
   k. Shall provide upon the request of the certificated individual a written statement of specific reason for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment.
   l. Shall not assist 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.
   m. Shall self-report within forty-eight (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. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendre for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this rule, school districts shall comply with the confidentiality provisions of Sections 943.0585(4)(c) and 943.059(4)(c), Florida Statutes.
   n. Shall report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), Florida Statutes.
   o. Shall seek no reprisal against any individual who has reported any allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section1012.795(1), Florida Statutes.
   p. Shall comply with the conditions of an order of the Education Practices Commission.
   q. Shall, as the supervising administrator, cooperate with the Education Practices Commission in monitoring the probation of a subordinate.

Specific Authority 229.053(1), 231.546(2)(b) FS. Law Implemented 231.546(2), 231.28 FS. History - New 7-6-82, Amended 12-20-83, Formerly 6B-1.06, Amended 8-10-92, 12-29-98.

Additionally the following policies will be followed:

Duty to report

Employees of Arbor School have the duty to report any employee’s or administrator’s alleged misconduct that affects the health, safety, or welfare of a student. The following steps will be taken to ensure this duty.

1. Written documentation will be taken individually from all witnesses of the infraction to include: date, time, and nature of the infraction.
2. Written documentation will be taken from alleged employee
3. All documentation will be reviewed by the Investigating Review Team (comprised of Director and two (2) other non-involved employees) to create a non-biased decision of either guilt or innocence.
4. A written report of the decision will be created.
5. The alleged employee will meet with the Director and one (1) additional Leadership Team member to review the decision.
6. Alleged employee will sign documentation of understanding and receipt of written decision.
7. In the case of guilt, the employee will receive either written reprimand or termination based on the severity of misconduct. This decision will be made by the Investigating Review Team.
8. Copies of all written documentation will be forwarded to the Florida Department of Education Office of Professional Practices (using the Educator Misconduct Reporting Form – see attached) for review and possible penalty.

Non-confidentiality of dismissed personnel

Any Educational, Therapeutic, and support staff who is dismissed due to non-compliance with any policy will not be afforded confidentiality with any reference request. Arbor School will disclose the nature of the misconduct in addition to the penalty rendered.

Furthermore Florida State Statute protects the employer and grants immunity from liability when information regarding a former employee is disclosed. The Statute reads as follows:

768.095  Employer immunity from liability; disclosure of information regarding former or current employees.—An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760.

Reporting Child Abuse

Section 1006.061(1), Florida Statutes requires each district school, charter school and private school that accepts scholarship students under section 220.187 or section 1002.39 to post in a prominent place a notice that pursuant to chapter 39 all employees and agents of the district school board, charter school or private school have an affirmative duty to report all actual or suspected cases of child abuse, abandonment, or neglect.

Dial 1-800-96-ABUSE Report it online at: http://www.dcf.state.fl.us/abuse/report/

For signs and patterns of abuse, see attached Notice of Requirement to Report Abuse. This Notice is also posted in the kitchen of the school.

Explanation of the employee liability protections

Per Florida Statutes any employee who reports child abuse is protected as follows:

39.203 Immunity from liability in cases of child abuse, abandonment, or neglect.--

(1)(a)  Any person, official, or institution participating in good faith in any act authorized or required by this chapter, or reporting in good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency, shall be immune from any civil or criminal liability which might otherwise result by reason of such action.

(b)  Except as provided in this chapter, nothing contained in this section shall be deemed to grant immunity, civil or criminal, to any person suspected of having abused, abandoned, or neglected a child, or committed any illegal act upon or against a child.

(2)(a)  No resident or employee of a facility serving children may be subjected to reprisal or discharge because of his or her actions in reporting abuse, abandonment, or neglect pursuant to the requirements of this section.

(b)  Any person making a report under this section shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of such reporting party by reason of his or her making such report. Any detrimental change made in the residency or employment status of such person, including, but not limited to, discharge, termination, demotion, transfer, or reduction in pay or benefits or work privileges, or negative evaluations within a prescribed period of time shall establish a rebuttable presumption that such action was retaliatory.