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
6B-1.006 Principles of Professional Conduct for the Education Profession in Florida
DEFINITIONS OF ABUSE
As described in Chapters 39 and 415, Florida Statutes, the Florida Department of Children & Families is charged with providing comprehensive protective services for children who are abused, neglected or at threat of harm and vulnerable adults who are abused, neglected or exploited in the state by requiring that reports of abuse, neglect, threatened harm, or exploitation be made to the Florida Abuse Hotline. In taking action to prevent further harm to the child, any other children living in the home or a vulnerable adult the Department of Children & Families must preserve the family life of the parents, children, and vulnerable adults to the maximum extent possible. Law enforcement is to take the lead in all criminal investigations and prosecution.
Child - any born, unmarried person less than 18 years old who has not been emancipated by order of the court.
Vulnerable Adult - a person age 18 years or older who has a disability or is suffering from the infirmities of aging.
A. Definition of Caretaker Responsible (Child): Every child should expect to be safe and protected when in the care of:
B. Definition of Possible Responsible Person (Vulnerable Adult):
C. Description of Harm (Child):
ABUSE: Any willful or threatened act or omission that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired.
NEGLECT: Any act or omission where a child is deprived of, or allowed to be deprived of, necessary supervision, food, clothing, shelter, or medical treatment, or a child is permitted to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by the caretaker responsible.
THREATENED HARM: A situation, circumstances or behavior which leads a prudent person to have reasonable cause to suspect abuse or neglect has occurred or may occur in the immediate future if no intervention is provided.
SPECIAL CONDITIONS: A situation that does not rise to the reasonable cause to suspect harm level but requires intervention.
D. Description of Impairment (Vulnerable Adult)
ABUSE: Any willful or threatening act or omission or is likely to cause significant impairment or to a vulnerable adult’s physical, mental or emotional health.
NEGLECT: The failure or omission on the part of the caregiver to provide the care, supervision and services necessary to maintain the physical and mental health of the vulnerable adult. The failure of a caregiver to make reasonable efforts to protect a vulnerable adult from abuse, neglect or exploitation by others.
EXPLOITATION: Actions of deception or intimidation, for the purpose of personal gain or benefit by a person in a position of trust, that deprives a vulnerable adult of the use, benefit or possession of funds, assets or property. Exploitation also occurs when the Possible Responsible Person knows or should know that the vulnerable adult lacks the capacity to consent and who obtains or uses, or endeavors to obtain or use, their funds, assets or property for personal gain or benefit.
SPECIAL CONDITIONS: A vulnerable adult in need of services as a result of self-neglect.
E. Signs of Abuse
Signs of Physical Abuse
The child may have unexplained bruises, welts, cuts, or other injuries; broken bones; or burns. A child experiencing physical abuse may seem withdrawn or depressed, seem afraid to go home or may run away, shy away from physical contact, be aggressive, or wear inappropriate clothing to hide injuries.
Signs of Sexual Abuse
The child may have torn, stained or bloody underwear, trouble walking or sitting, pain or itching in genital area, or a sexually transmitted disease. A child experiencing sexual abuse may have unusual knowledge of sex or act seductively, fear a particular person, seem withdrawn or depressed, gain or lose weight suddenly, shy away from physical contact, or run away from home.
Signs of Neglect
The child may have unattended medical needs, little or no supervision at home, poor hygiene, or appear underweight. A child experiencing neglect may be frequently tired or hungry, steal food, or appear overly needy for adult attention.
Patterns of Abuse
Serious abuse usually involves a combination of factors. While a single sign may not be significant, a pattern of physical or behavioral signs is a serious indicator and should be reported.
TRAINING REQUIRENMENT
All instructional personnel and educational support employees including teachers, substitutes and teacher’s assistants as well as administrators are required to complete training on these standards of ethical conduct.
REPORTING SUSPECTED ABUSE
All employees and agents have an affirmative duty to report all actual or suspected cases of child abuse, abandonment, or neglect. Below are different methods to report.
Reporting Child Abuse, Abandonment or Neglect
NOTIFICATION OF REPORT:
● Telephone reporters will always be told prior to concluding conversation, whether the information provided has been accepted as a report.
● For faxed information, notification will be provided only when additional information is needed to accept a report, or when the report does not fall within the jurisdiction of Children & Families. The fax number must be clearly indicated on the report. Although the employee may request confirmation, but it can be assumed that the report was accepted if the fax number was provided and received no response from the Hotline.
The Florida Abuse Hotline will accept a report when:
1. There is reasonable cause to suspect that a child who can be located in Florida, or is temporarily out of the state but expected to return in the immediate future, has been harmed or is believed to be threatened with harm from a person responsible for the care of the child. OR
2. Any vulnerable adult who is a resident of Florida or currently located in Florida who is believed to have been abused or neglected by a caregiver in Florida, or suffering from the ill effects of neglect by self and is need of service, or exploited by any person who stands in a position of trust or confidence, or any person who knows or should know that a vulnerable adult lacks capacity to consent and who obtains or uses, or endeavors to obtain or use, their funds, assets or property.
Reporting Misconduct by Instructional Personnel and Administrators
All employees, educational support employees, and administrators have an obligation to report misconduct by instructional personnel and school administrators which affects the health, safety, or welfare of a student. Examples of misconduct include obscene language, drug and alcohol use, disparaging comments, prejudice or bigotry, sexual innuendo, cheating or testing violations, physical aggression, and accepting or offering favors.
Legally sufficient allegations of misconduct by Florida certified educators will be reported to the Office of Professional Practices Services. Policies and procedures for reporting misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student are posted in the breakroom in the TU Building and on our website at https://www.myisom.org/ethical-standards
False Reporting
Knowingly and willfully making a false report is a 3rd degree felony. This can result in a fine or imprisonment if convicted.
Section 39.205, Florida Statutes (F.S.) states what the department has to do concerning false reporting for children and Section 415.111. F.S. addresses false reporting for adults.
Liability Protections
F.S. 39.203
Any person, official, or institution participating in good faith in any act authorized or required by law, or reporting in good faith in 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.
F.S. Chapter760. (F.S. 768.095)
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 F.S. Chapter760. (F.S. 768.095)
6B-1.001 Code of Ethics of the Education Profession in Florida
- 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.
- 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.
- 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.
6B-1.006 Principles of Professional Conduct for the Education Profession in Florida
- The following disciplinary rule shall constitute the Principles of Professional Conduct for the Education Profession in Florida.
- 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.
- Obligation to the student requires that the individual:
- 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.
- Shall not unreasonably restrain a student from independent action in pursuit of learning.
- Shall not unreasonably deny a student access to diverse points of view.
- Shall not intentionally suppress or distort subject matter relevant to a student's academic program.
- Shall not intentionally expose a student to unnecessary embarrassment or disparagement.
- Shall not intentionally violate or deny a student's legal rights.
- 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.
- Shall not exploit a relationship with a student for personal gain or advantage.
- Shall keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.
- Obligation to the public requires that the individual:
- Shall take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated.
- Shall not intentionally distort or misrepresent facts concerning an educational matter in direct or indirect public expression.
- Shall not use institutional privileges for personal gain or advantage.
- Shall accept no gratuity, gift, or favor that might influence professional judgment.
- Shall offer no gratuity, gift, or favor to obtain special advantages.
- Obligation to the profession of education requires that the individual:
- Shall maintain honesty in all professional dealings.
- 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.
- Shall not interfere with a colleague's exercise of political or civil rights and responsibilities.
- 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.
- Shall not make malicious or intentionally false statements about a colleague.
- Shall not use coercive means or promise special treatment to influence professional judgments of colleagues.
- Shall not misrepresent one's own professional qualifications.
- Shall not submit fraudulent information on any document in connection with professional activities.
- 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.
- Shall not withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.
- 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.
- 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.
- 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 Contendere 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.
- 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.
- 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 Section 1012.795(1), Florida Statutes.
- Shall comply with the conditions of an order of the Education Practices Commission.
- Shall, as the supervising administrator, cooperate with the Education Practices
- Commission in monitoring the probation of a subordinate.
DEFINITIONS OF ABUSE
As described in Chapters 39 and 415, Florida Statutes, the Florida Department of Children & Families is charged with providing comprehensive protective services for children who are abused, neglected or at threat of harm and vulnerable adults who are abused, neglected or exploited in the state by requiring that reports of abuse, neglect, threatened harm, or exploitation be made to the Florida Abuse Hotline. In taking action to prevent further harm to the child, any other children living in the home or a vulnerable adult the Department of Children & Families must preserve the family life of the parents, children, and vulnerable adults to the maximum extent possible. Law enforcement is to take the lead in all criminal investigations and prosecution.
Child - any born, unmarried person less than 18 years old who has not been emancipated by order of the court.
Vulnerable Adult - a person age 18 years or older who has a disability or is suffering from the infirmities of aging.
A. Definition of Caretaker Responsible (Child): Every child should expect to be safe and protected when in the care of:
- A PARENT, even if the parent is a minor; or
- A LEGAL CUSTODIAN; or
- An ADULT HOUSEHOLD MEMBER found in the home continually or at regular intervals; or
- ANOTHER ADULT who has been entrusted with, or voluntarily assumed responsibility for the care of the child; or.
- ANOTHER CHILD who is an employee or volunteer of a daycare, public or private school, agency, summer camp or similar facility when given sole responsibility for the care of the child.
B. Definition of Possible Responsible Person (Vulnerable Adult):
- A CAREGIVER to the victim, or
- A VULNERABLE ADULT in need of services, or
- A PERSON who stands in a position of trust and confidence, or
- A PERSON who knows or should know that the vulnerable adult lacks capacity to consent.
C. Description of Harm (Child):
ABUSE: Any willful or threatened act or omission that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired.
NEGLECT: Any act or omission where a child is deprived of, or allowed to be deprived of, necessary supervision, food, clothing, shelter, or medical treatment, or a child is permitted to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by the caretaker responsible.
THREATENED HARM: A situation, circumstances or behavior which leads a prudent person to have reasonable cause to suspect abuse or neglect has occurred or may occur in the immediate future if no intervention is provided.
SPECIAL CONDITIONS: A situation that does not rise to the reasonable cause to suspect harm level but requires intervention.
D. Description of Impairment (Vulnerable Adult)
ABUSE: Any willful or threatening act or omission or is likely to cause significant impairment or to a vulnerable adult’s physical, mental or emotional health.
NEGLECT: The failure or omission on the part of the caregiver to provide the care, supervision and services necessary to maintain the physical and mental health of the vulnerable adult. The failure of a caregiver to make reasonable efforts to protect a vulnerable adult from abuse, neglect or exploitation by others.
EXPLOITATION: Actions of deception or intimidation, for the purpose of personal gain or benefit by a person in a position of trust, that deprives a vulnerable adult of the use, benefit or possession of funds, assets or property. Exploitation also occurs when the Possible Responsible Person knows or should know that the vulnerable adult lacks the capacity to consent and who obtains or uses, or endeavors to obtain or use, their funds, assets or property for personal gain or benefit.
SPECIAL CONDITIONS: A vulnerable adult in need of services as a result of self-neglect.
E. Signs of Abuse
Signs of Physical Abuse
The child may have unexplained bruises, welts, cuts, or other injuries; broken bones; or burns. A child experiencing physical abuse may seem withdrawn or depressed, seem afraid to go home or may run away, shy away from physical contact, be aggressive, or wear inappropriate clothing to hide injuries.
Signs of Sexual Abuse
The child may have torn, stained or bloody underwear, trouble walking or sitting, pain or itching in genital area, or a sexually transmitted disease. A child experiencing sexual abuse may have unusual knowledge of sex or act seductively, fear a particular person, seem withdrawn or depressed, gain or lose weight suddenly, shy away from physical contact, or run away from home.
Signs of Neglect
The child may have unattended medical needs, little or no supervision at home, poor hygiene, or appear underweight. A child experiencing neglect may be frequently tired or hungry, steal food, or appear overly needy for adult attention.
Patterns of Abuse
Serious abuse usually involves a combination of factors. While a single sign may not be significant, a pattern of physical or behavioral signs is a serious indicator and should be reported.
TRAINING REQUIRENMENT
All instructional personnel and educational support employees including teachers, substitutes and teacher’s assistants as well as administrators are required to complete training on these standards of ethical conduct.
REPORTING SUSPECTED ABUSE
All employees and agents have an affirmative duty to report all actual or suspected cases of child abuse, abandonment, or neglect. Below are different methods to report.
Reporting Child Abuse, Abandonment or Neglect
- Telephone: 1-800-96-ABUSE (1-800-962-2873)
- Report Online: https://www.myflfamilies.com/service-programs/abuse-hotline/report-online.shtml
- Fax: 1-800-914-0004 (include a written report with your name and contact telephone)
- Telephone Device for the Deaf: 1-800-453-5145
NOTIFICATION OF REPORT:
● Telephone reporters will always be told prior to concluding conversation, whether the information provided has been accepted as a report.
● For faxed information, notification will be provided only when additional information is needed to accept a report, or when the report does not fall within the jurisdiction of Children & Families. The fax number must be clearly indicated on the report. Although the employee may request confirmation, but it can be assumed that the report was accepted if the fax number was provided and received no response from the Hotline.
The Florida Abuse Hotline will accept a report when:
1. There is reasonable cause to suspect that a child who can be located in Florida, or is temporarily out of the state but expected to return in the immediate future, has been harmed or is believed to be threatened with harm from a person responsible for the care of the child. OR
2. Any vulnerable adult who is a resident of Florida or currently located in Florida who is believed to have been abused or neglected by a caregiver in Florida, or suffering from the ill effects of neglect by self and is need of service, or exploited by any person who stands in a position of trust or confidence, or any person who knows or should know that a vulnerable adult lacks capacity to consent and who obtains or uses, or endeavors to obtain or use, their funds, assets or property.
Reporting Misconduct by Instructional Personnel and Administrators
All employees, educational support employees, and administrators have an obligation to report misconduct by instructional personnel and school administrators which affects the health, safety, or welfare of a student. Examples of misconduct include obscene language, drug and alcohol use, disparaging comments, prejudice or bigotry, sexual innuendo, cheating or testing violations, physical aggression, and accepting or offering favors.
- Reports of misconduct of employees should be made to Dr. Mohammed Farouk at:
- Reports of misconduct committed by administrators should be made to Bilal Karakira at:
Legally sufficient allegations of misconduct by Florida certified educators will be reported to the Office of Professional Practices Services. Policies and procedures for reporting misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student are posted in the breakroom in the TU Building and on our website at https://www.myisom.org/ethical-standards
False Reporting
Knowingly and willfully making a false report is a 3rd degree felony. This can result in a fine or imprisonment if convicted.
Section 39.205, Florida Statutes (F.S.) states what the department has to do concerning false reporting for children and Section 415.111. F.S. addresses false reporting for adults.
Liability Protections
F.S. 39.203
Any person, official, or institution participating in good faith in any act authorized or required by law, or reporting in good faith in 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.
F.S. Chapter760. (F.S. 768.095)
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 F.S. Chapter760. (F.S. 768.095)
