georgia professional standards commission

Georgia Professional Standards Commission

The Code of Ethics for Georgia Educators – Fall 2010

Bibb County Presentation

Legal Legal

Authority of Authority of

the PSC Ethics the PSC Ethics

DivisionDivision

20-2-984.1. Adoption of a Code of 20-2-984.1. Adoption of a Code of Ethics.Ethics.

(a) It shall be the duty of (a) It shall be the duty of the commission to adopt the commission to adopt standards of performance standards of performance and a code of ethics for and a code of ethics for educators… educators… which are which are generally accepted by generally accepted by educators of this state.educators of this state.

Definition of EducatorDefinition of Educator

20-2-982.1.(2) 20-2-982.1.(2) "Educator""Educator" means teachers means teachers and school or school system administrators and school or school system administrators and other education personnel of this state and other education personnel of this state who hold certificates, permits, or other who hold certificates, permits, or other certification documents issued by the certification documents issued by the Professional Standards Commission and Professional Standards Commission and persons who have applied for but have not persons who have applied for but have not yet received or have been denied such yet received or have been denied such certificates, permits, or other certification certificates, permits, or other certification documents from the Professional Standards documents from the Professional Standards Commission. Commission.

20-2-984.3.20-2-984.3. … …the commission shall be the commission shall be authorized to investigateauthorized to investigate::

(1)(1) Alleged violations by an Alleged violations by an educator of educator of any law of this any law of this state pertaining to state pertaining to educators or the educators or the profession of educationprofession of education;;

Alleged violations by an educator:Alleged violations by an educator:

20-2-984.3.20-2-984.3. ……the commission shall be the commission shall be authorized to investigate:authorized to investigate:

(2)(2) of the of the code of ethicscode of ethics of the of the commission;commission;

(3)(3) of of rules, regulations, rules, regulations, policiespolicies; or; or

(4)(4) the the standards of standards of performanceperformance of the of the commission or the state commission or the state board;board;

20-2-751.7.20-2-751.7.

(d) (3) If the Professional Standards (d) (3) If the Professional Standards Commission's review of the Commission's review of the investigative report results in a investigative report results in a sanction against the educator, the sanction against the educator, the educator shall have the right to appeal educator shall have the right to appeal the commission decision to a hearing the commission decision to a hearing before an administrative law judge before an administrative law judge within within 90 days90 days of such sanction. of such sanction.

The Code of The Code of Ethics for Ethics for Georgia Georgia

EducatorsEducators

Standard 1Standard 1

An educator An educator shall abide by shall abide by federal, state, federal, state, and local laws and local laws and statutes.and statutes.

Legal ComplianceLegal Compliance

Unethical conduct includes but is not Unethical conduct includes but is not limited to the limited to the commission or commission or convictionconviction of: of:

• a felony or any crime involving moral a felony or any crime involving moral turpitude.turpitude.

• any criminal offense involving a any criminal offense involving a controlled substance or marijuana. controlled substance or marijuana.

• any sexual offense specified in Code any sexual offense specified in Code Section 16.Section 16.

• any laws applicable to the profession.any laws applicable to the profession.

Reporting the Reporting the

COMMISSIONCOMMISSION of a of a Criminal Criminal

OffenseOffense

20-2-984.2.20-2-984.2. Requests by Local Boards Requests by Local Boards for Investigation of Criminal Offensesfor Investigation of Criminal Offenses

(a) (a) Superintendents, associate or Superintendents, associate or assistant superintendents, or assistant superintendents, or directors of personnel shalldirectors of personnel shall make an make an immediate written report to the immediate written report to the local board of educationlocal board of education upon upon receiving a receiving a written reportwritten report … that … that any school system educator any school system educator employed by the local unit of employed by the local unit of administration has committed any of administration has committed any of the following specifically identified the following specifically identified crimes:crimes:

20-2-984.2. Requests by Local Boards 20-2-984.2. Requests by Local Boards for Investigation of Criminal Offensesfor Investigation of Criminal Offenses

Murder, voluntary manslaughter, Murder, voluntary manslaughter, aggravated assault, aggravated aggravated assault, aggravated battery, or kidnapping,battery, or kidnapping,

Any sexual offense, Any sexual offense, Any sexual exploitation of a minor Any sexual exploitation of a minor Any offense involving marijuana or a Any offense involving marijuana or a

controlled substancecontrolled substance Any offense involving theftAny offense involving theft Unlawfully operating a motor vehicle Unlawfully operating a motor vehicle

after being declared a habitual after being declared a habitual violatorviolator


(b) (b) If the local board of If the local board of education determines thateducation determines that the mattersthe matters … … warrant warrant investigationinvestigation, , thenthen the local the local board of education shall … board of education shall … transmit such report to the transmit such report to the commission with a request commission with a request for investigation.for investigation.


The reporting administrator and the The reporting administrator and the local board of education shall have a local board of education shall have a good faith, reasonable basis to good faith, reasonable basis to believe that the incident occurred believe that the incident occurred or evidence existsor evidence exists and shalland shall, in , in the written report, the written report, set forth such set forth such basis and detail the nature of the basis and detail the nature of the incident, evidence, and names of incident, evidence, and names of any and all known witnessesany and all known witnesses..


(c) (c) The willful failure of any The willful failure of any such local school system such local school system administrator to comply with … administrator to comply with … this Code section shall be this Code section shall be grounds for the … imposition on grounds for the … imposition on the administrator of any of the the administrator of any of the disciplinary actions set forth in disciplinary actions set forth in Code Section Code Section 20-2-984.5.20-2-984.5.

ClearanceClearanceCriteriaCriteria

Guidelines for a Clearance:Guidelines for a Clearance: Misdemeanor convictions that do Misdemeanor convictions that do

not involve moral turpitude, not involve moral turpitude, except in cases involving sexual except in cases involving sexual misconduct and drug related misconduct and drug related convictions of CERTIFIED convictions of CERTIFIED educators.educators.

Convictions prior to the age of 18, Convictions prior to the age of 18, except in cases involving sexual except in cases involving sexual misconduct or crimes specified in misconduct or crimes specified in O.C.G.A. § 15-11-28: O.C.G.A. § 15-11-28: murder, murder, voluntary manslaughter, rape, voluntary manslaughter, rape, aggravated sodomy, aggravated child aggravated sodomy, aggravated child molestation, aggravated sexual molestation, aggravated sexual battery, or armed robbery if battery, or armed robbery if committed with a firearm.committed with a firearm.

Guidelines for a Clearance:Guidelines for a Clearance: Misdemeanor bad check Misdemeanor bad check

convictions involving three or convictions involving three or fewer convictions with no more fewer convictions with no more than one occurrence within the than one occurrence within the last ten years or after initial last ten years or after initial certification.certification.

One shoplifting conviction more One shoplifting conviction more than ten years old or prior to than ten years old or prior to initial certification.initial certification.

Criminal acts not related to any Criminal acts not related to any other authorized area of other authorized area of investigation where criminal investigation where criminal charges were dropped or charges were dropped or dismissed.dismissed.

Guidelines for a Clearance:Guidelines for a Clearance: Minor traffic-related incidents.Minor traffic-related incidents. Affirmative answers in error..Affirmative answers in error.. Reports of termination from Reports of termination from

employment (prior to initial employment (prior to initial certification) that do not involve certification) that do not involve a felony, a crime of moral a felony, a crime of moral turpitude or breach of any turpitude or breach of any profession’s code of ethics. profession’s code of ethics.

Guidelines for a Clearance:Guidelines for a Clearance: NASDTEC entries of sanctions that NASDTEC entries of sanctions that

would not be a violation of the would not be a violation of the Code of Ethics for Georgia Code of Ethics for Georgia Educators Educators

School Systems reports involving School Systems reports involving non-disclosure of criminal non-disclosure of criminal histories or misrepresentation by histories or misrepresentation by educators in which the school educators in which the school system is not able to document system is not able to document the allegations of the allegations of misrepresentation.misrepresentation.


An educator shall An educator shall always maintain a always maintain a

professionalprofessional relationship with all relationship with all

students, both in students, both in and outside the and outside the

classroom.classroom.

A A STUDENTSTUDENT is anyone: is anyone: enrolled in a Georgia enrolled in a Georgia

public or private public or private school from preschool school from preschool through grade 12, or through grade 12, or

anyone anyone under the age under the age of 18of 18..

For the purposes of For the purposes of the Code of Ethics,the Code of Ethics,

the enrollment the enrollment period for a period for a

graduating student graduating student ends on August 31 ends on August 31

of the year of of the year of graduation.graduation.

1.1. committing any act of child abuse, including committing any act of child abuse, including physical and verbal abuse;physical and verbal abuse;

2.2. committing any act of cruelty to children or any committing any act of cruelty to children or any act of child endangerment;act of child endangerment;

3.3. committing any sexual act with a student or committing any sexual act with a student or soliciting such from a student;soliciting such from a student;

4.4. engaging in or permitting harassment of a engaging in or permitting harassment of a student on the basis of race, gender, sex, national student on the basis of race, gender, sex, national origin, religion or disability;origin, religion or disability;

5.5. soliciting, encouraging, or consummating an soliciting, encouraging, or consummating an inappropriate written, verbal, electronic, or inappropriate written, verbal, electronic, or physical relationship with a student;physical relationship with a student;

6.6. furnishing tobacco, alcohol, or drugs to any furnishing tobacco, alcohol, or drugs to any student, orstudent, or

Unethical Conduct with Students Unethical Conduct with Students

Includes:Includes:

7.7. failing to prevent the use of failing to prevent the use of alcohol or alcohol or illegal/unauthorized drugs illegal/unauthorized drugs by students who are under by students who are under the educator’s supervision the educator’s supervision (including but not limited to at the (including but not limited to at the educator’s residence or any other educator’s residence or any other private setting).private setting).

Unethical Conduct with Students Unethical Conduct with Students

Includes:Includes:

Alcohol or Alcohol or Drugs Drugs



An educator shall An educator shall refrain from the use refrain from the use of alcohol or illegal of alcohol or illegal

or unauthorized or unauthorized drugs during the drugs during the

course of course of professional professional

practice.practice.

DrugsDrugsUnethical conduct includes but is not limited Unethical conduct includes but is not limited

to:to:

1.1.being on school premises being on school premises or at a school-related or at a school-related activity while under the activity while under the influence of, possessing, influence of, possessing, using, or consuming illegal using, or consuming illegal or unauthorized drugs;or unauthorized drugs;

Illegal and Illegal and Unauthorized Unauthorized

DrugsDrugs are are Always Always Illegal Illegal

and and Unauthorized.Unauthorized.

AlcoholAlcoholUnethical conduct includes but is not limited to:Unethical conduct includes but is not limited to:

2.2. being on being on school premisesschool premises or at a or at a school-related school-related activityactivity involving involving studentsstudents while while under under the influencethe influence of, of, possessingpossessing, or , or consumingconsuming alcoholic beverages.alcoholic beverages.

20-2-984.1. 20-2-984.1. The … code The … code of ethics …of ethics … shall be shall be limited tolimited to professional professional performance and performance and professional ethicsprofessional ethics..

Georgia's Legal Definitions for Georgia's Legal Definitions for "Under the Influence""Under the Influence"

An alcohol concentration of An alcohol concentration of 0.08 grams0.08 grams or more at any time within three hours.or more at any time within three hours.Driving - O.C.G.A. § 40-6-391 and Discharging Firearm - O.C.G.A. § 16-11-134Driving - O.C.G.A. § 40-6-391 and Discharging Firearm - O.C.G.A. § 16-11-134

An alcohol concentration of An alcohol concentration of 0.10 grams0.10 grams or more at any time within three hours.or more at any time within three hours.Operation of Watercraft - O.C.G.A. § 52-7-12 and Hunting - O.C.G.A. § 27-3-7Operation of Watercraft - O.C.G.A. § 52-7-12 and Hunting - O.C.G.A. § 27-3-7

0.04 0.04 percentpercent or more by weight of or more by weight of alcohol alcohol in a person's blood, breath, or in a person's blood, breath, or urine.urine. Driving a Commercial Vehicle - O.C.G.A. § 40-6-391Driving a Commercial Vehicle - O.C.G.A. § 40-6-391

Georgia's Legal Definitions for Georgia's Legal Definitions for "NOT Under the Influence""NOT Under the Influence"

If there was a blood alcohol concentration ofIf there was a blood alcohol concentration of 0.05 grams or less0.05 grams or less, , it shall be it shall be presumed that the person was presumed that the person was

not under the influencenot under the influence of of alcohol.alcohol.

O.C.G.A. § 40-6-392O.C.G.A. § 40-6-392 DrivingDriving

O.C.G.A. § 52-7-12. O.C.G.A. § 52-7-12. Operation of WatercraftOperation of Watercraft

O.C.G.A. § 27-3-7O.C.G.A. § 27-3-7 Hunting Hunting

PossessionPossession

Possession of a CONTAINER of Possession of a CONTAINER of alcoholic beverage (not in the blood alcoholic beverage (not in the blood

stream).stream).

DO NOT DISCARD the evidence!DO NOT DISCARD the evidence!

HonestyHonesty



An educator shall An educator shall exemplify honesty exemplify honesty and integrity in the and integrity in the

course of course of professional professional

practice.practice.

HonestyHonesty

Unethical conduct includes but is not limited Unethical conduct includes but is not limited to falsifying, misrepresenting, or omitting:to falsifying, misrepresenting, or omitting:

1.1. professional qualifications, criminal history, college or professional qualifications, criminal history, college or staff development credit and/or degrees, academic award, staff development credit and/or degrees, academic award, and employment history;and employment history;

2.2. information submitted to federal, state, local school information submitted to federal, state, local school districts and other governmental agencies;districts and other governmental agencies;

3.3. information regarding the evaluation of students and/or information regarding the evaluation of students and/or personnel; personnel;

4.4. reasons for absences or leaves;reasons for absences or leaves;

5.5. information submitted in the course of an official information submitted in the course of an official inquiry/investigation; andinquiry/investigation; and

HonestyHonesty

Unethical conduct includes but is not limited Unethical conduct includes but is not limited to,to, falsifying, misrepresenting, or falsifying, misrepresenting, or omitting:omitting:

6.6. information submitted in information submitted in the course of the course of professional practice.professional practice.

SickSickLeaveLeave

SICK AND PERSONAL SICK AND PERSONAL LEAVELEAVE

O.C.G.A. § 20-2-850.O.C.G.A. § 20-2-850.

Personnel may utilize sick leave Personnel may utilize sick leave upon theupon the approval of the local approval of the local school superintendent or an school superintendent or an appointed designee for absence appointed designee for absence due to illness or injury or due to illness or injury or necessitated by exposure to necessitated by exposure to contagious disease or to illness or contagious disease or to illness or death in the immediate family…death in the immediate family…


O.C.G.A. § 20-2-851. O.C.G.A. § 20-2-851. During any school year, During any school year, personnel may personnel may utilize up to a maximum of three days of utilize up to a maximum of three days of any accumulated sick leaveany accumulated sick leave for the purpose for the purpose of absenting themselves from their duties of absenting themselves from their duties for for personal or professional reasons if prior personal or professional reasons if prior approval of their absence is given by the approval of their absence is given by the local school superintendent or his local school superintendent or his authorized representative;authorized representative; provided, provided, however, that the absence is not in conflict however, that the absence is not in conflict with a local board of education policy with a local board of education policy concerning school days on which the presence concerning school days on which the presence of the personnel requesting absence is of the personnel requesting absence is essential for effective school operation…essential for effective school operation…


FTE Funding for FTE Funding for

Sick and Personal LeaveSick and Personal Leave

8 days are funded at $ 18.75 per 8 days are funded at $ 18.75 per day for each teacher on the FTE day for each teacher on the FTE

report.report. No sick leave funding is included for other positions.No sick leave funding is included for other positions.

8 days @ $18.75 per day = $ 8 days @ $18.75 per day = $ 150.00150.00

ChangingChangingGradesGrades

““Grade Integrity Act”Grade Integrity Act” O.C.G.A. § 20-2-O.C.G.A. § 20-2-

989.20989.20

““(a) No classroom teacher shall be (a) No classroom teacher shall be required, coerced, intimidated, or required, coerced, intimidated, or disciplined in any manner by the local disciplined in any manner by the local board of education, superintendent, or board of education, superintendent, or any local school administrator to change any local school administrator to change the grade of a student.the grade of a student. This subsection shall not This subsection shall not apply when a teacher has failed to comply with grading apply when a teacher has failed to comply with grading policies or rules adopted by the local board of education policies or rules adopted by the local board of education or written procedures established by an individual or written procedures established by an individual school that are applicable to the grading process, school that are applicable to the grading process, unless such policy, rule, or procedure would require a unless such policy, rule, or procedure would require a student be given a grade different than the actual grade student be given a grade different than the actual grade achieved.achieved.

““Grade Integrity Act”Grade Integrity Act” O.C.G.A. § 20-2-O.C.G.A. § 20-2-989.20989.20

(b)(b) Nothing in this Code section shall be Nothing in this Code section shall be construed to prevent a principal or other construed to prevent a principal or other local school administrator from discussing local school administrator from discussing the grade of a student with a classroom the grade of a student with a classroom teacher.teacher.

(c) Nothing in this Code section shall be (c) Nothing in this Code section shall be construed to prevent a central office construed to prevent a central office administrator, superintendent, or local administrator, superintendent, or local school administrator from changing a school administrator from changing a student's grade.student's grade. Any grade change made by Any grade change made by a person other than the classroom teacher a person other than the classroom teacher must be clearly indicated in the student's must be clearly indicated in the student's school records and must indicate the person school records and must indicate the person responsible for making such grade change.”responsible for making such grade change.”

““Grade Integrity Act”Grade Integrity Act” O.C.G.A. § 20-2-O.C.G.A. § 20-2-989.20989.20

Violation of the above law Violation of the above law would be grounds for a would be grounds for a suspension. The suspension. The administrator should inform administrator should inform any teacher whose grades any teacher whose grades were changed, should were changed, should document, in the student’s document, in the student’s file, the reasons and the file, the reasons and the justification for the grade justification for the grade change.change.

Posting Student Grades Under the Posting Student Grades Under the Name of Another TeacherName of Another Teacher

In order to meet NCLB/AYP In order to meet NCLB/AYP requirements, some administrators are requirements, some administrators are posting student grades under the name posting student grades under the name of teachers who do not provide the of teachers who do not provide the primary or direct instruction to primary or direct instruction to students. students. This is clearly a violation of This is clearly a violation of the the “HONESTY”“HONESTY” and “ and “Public Funds Public Funds and Propertyand Property” Standards of the ” Standards of the Georgia Code of Ethics for Educators.Georgia Code of Ethics for Educators.

Public Funds Public Funds & Property& Property



An educator entrusted An educator entrusted with public funds and with public funds and property shall honor property shall honor that trust with a high that trust with a high

level of honesty, level of honesty, accuracy, and accuracy, and responsibility.responsibility.

Public Funds & PropertyPublic Funds & Property

Unethical conduct includes but is not limited Unethical conduct includes but is not limited to:to:

1.1. misusing public or school-related funds; misusing public or school-related funds;

2.2. failing to account for funds collected from failing to account for funds collected from students or parents;students or parents;

3.3. submitting fraudulent requests or submitting fraudulent requests or documentation for reimbursement of documentation for reimbursement of expenses or for pay;expenses or for pay;

4.4. co-mingling public or school-related funds co-mingling public or school-related funds with personal funds or checking accounts; with personal funds or checking accounts; andand

5.5. using school property without the approval using school property without the approval of the local board of education/governing of the local board of education/governing board or board or authorized designeeauthorized designee..

Booster ClubsBooster Clubs

&&

Coaches or Coaches or Music Music

DirectorsDirectors

I.I. If the Booster Club is operating as a 501c3 If the Booster Club is operating as a 501c3 non-profit corporation, has its own Tax non-profit corporation, has its own Tax Identification Number Identification Number andand is registered and is registered and approved with the IRS as a non-profit:approved with the IRS as a non-profit:

A. Treatment of Perks and Benefits to A. Treatment of Perks and Benefits to Educators Educators -- The Booster Club is responsible for all record The Booster Club is responsible for all record keeping and tax notificationkeeping and tax notification and the Educator is responsible and the Educator is responsible for reporting the additional income on their tax return. This for reporting the additional income on their tax return. This would include the use of any vehicle owned or leased by the would include the use of any vehicle owned or leased by the Booster Club. Booster Club.

B. Camp Income to CoachesB. Camp Income to Coaches - - If the Educator is If the Educator is conducting a camp and the funds are run through the conducting a camp and the funds are run through the Booster Club, the same conditions as above would apply.Booster Club, the same conditions as above would apply.

Note>Note> If a Booster Club is operating as a true 501c3 non-profit If a Booster Club is operating as a true 501c3 non-profit and they file a tax return, that return is open for public and they file a tax return, that return is open for public inspection and you can request a copy of the return from the inspection and you can request a copy of the return from the organization. Superintendents should require that Booster organization. Superintendents should require that Booster Clubs submit a copy of this form each year to verify Clubs submit a copy of this form each year to verify compliance. A copy of this report in the file clears the compliance. A copy of this report in the file clears the superintendent of responsibility for actions of the club if superintendent of responsibility for actions of the club if illegal actions are reported.illegal actions are reported.

II. If the Booster Club has not filed as a non-II. If the Booster Club has not filed as a non-profit or has filed as a non-profit, but is profit or has filed as a non-profit, but is using the School Systems Tax Identification using the School Systems Tax Identification Number:Number:

A. Treatment of Perks and Benefits to A. Treatment of Perks and Benefits to EducatorsEducators - - All liability for record keeping, tax reporting All liability for record keeping, tax reporting and 1099 Misc reporting to Educators falls on the School and 1099 Misc reporting to Educators falls on the School SystemSystem. The Educator is still responsible for his or her own . The Educator is still responsible for his or her own taxes, but it is the responsibility of the school system to taxes, but it is the responsibility of the school system to perform all the record keeping and tax reporting.perform all the record keeping and tax reporting.

B. Camp Income to Educators -B. Camp Income to Educators - If the coaches are If the coaches are running the camp income through the Booster Club (i.e. running the camp income through the Booster Club (i.e. using their checking account) and they are operating under using their checking account) and they are operating under the School Systems Tax identification Number, all record the School Systems Tax identification Number, all record keeping and tax reporting falls under the School System.keeping and tax reporting falls under the School System.

Note>Note> If Booster Clubs are not operating as a true If Booster Clubs are not operating as a true 501c3 non-profit organization, it is the 501c3 non-profit organization, it is the responsibility of the superintendent to assure that responsibility of the superintendent to assure that the school system is performing all record the school system is performing all record keeping and tax reporting functions.keeping and tax reporting functions.

III.III. If an Educator is operating a camp If an Educator is operating a camp and the income is run through and the income is run through his/her personal checking account, his/her personal checking account, all liability for income tax all liability for income tax reporting falls on the Educator.reporting falls on the Educator.

The Educator must have system The Educator must have system approval for camps or lessons approval for camps or lessons involving school facilities, equipment involving school facilities, equipment or students in the educator’s classes or or students in the educator’s classes or school.school.

RemunerativRemunerative Conducte Conduct



An educator shall An educator shall maintain integrity with maintain integrity with students, colleagues, students, colleagues, parents, patrons, or parents, patrons, or

businesses when businesses when accepting gifts, accepting gifts,

gratuities, favors, and gratuities, favors, and additional additional

compensation.compensation.

Remunerative ConductRemunerative ConductUnethical conduct includes but is not limited to:Unethical conduct includes but is not limited to:1.1. soliciting students or parents of students to purchase soliciting students or parents of students to purchase

equipment, supplies, or services from the educator or to equipment, supplies, or services from the educator or to participate in activities that financially benefit the participate in activities that financially benefit the educator unless approved by the local board of educator unless approved by the local board of education/governing board education/governing board or authorized designee;or authorized designee;

2.2. accepting gifts from vendors or potential vendors for accepting gifts from vendors or potential vendors for personal use or gain where there may be the appearance personal use or gain where there may be the appearance of a conflict of interest;of a conflict of interest;

3.3. tutoring students assigned to the educator for tutoring students assigned to the educator for remuneration unless approved by the local board of remuneration unless approved by the local board of education/governing board or superintendent education/governing board or superintendent or or authorized designee;authorized designee; and and

4.4. coaching, instructing, promoting athletic camps, summer coaching, instructing, promoting athletic camps, summer leagues, etc. that involves students in an educator’s leagues, etc. that involves students in an educator’s school system and from whom the educator receives school system and from whom the educator receives remuneration unless approved by the local board of remuneration unless approved by the local board of education/governing board or the superintendent education/governing board or the superintendent authorized designeeauthorized designee. These types of activities must be . These types of activities must be in compliance with all rules and regulations of the in compliance with all rules and regulations of the Georgia High School Association.Georgia High School Association.

Confidential Confidential InformationInformation



An educator shall comply An educator shall comply with state and federal laws with state and federal laws

and state school board and state school board policies relating to the policies relating to the

confidentiality of student confidentiality of student and personnel records, and personnel records,

standardized test material standardized test material and other information.and other information.

Confidential InformationConfidential Information• Annual performance evaluation Annual performance evaluation

records of school personnelrecords of school personnel• Health services provided to an Health services provided to an

insuredinsured• Identifiable individual student Identifiable individual student

performance data, information performance data, information and reportsand reports

• School records of students with School records of students with disabilities disabilities

• A student's education recordA student's education record

AbandonmenAbandonment of t of Contract Contract



An educator shall fulfill An educator shall fulfill all of the terms and all of the terms and

obligations detailed in obligations detailed in the contract with the the contract with the

local board of local board of education or education education or education agency for the duration agency for the duration

of the contract.of the contract.

Abandonment of ContractAbandonment of Contract

Unethical conduct includes but is not Unethical conduct includes but is not limited to:limited to:

1.1. abandoning the contract for abandoning the contract for professional services without professional services without prior release from the contract prior release from the contract by the employer, and by the employer, and

2.2. willfully refusing to perform the willfully refusing to perform the services required by a contract.services required by a contract.

Clearance Guidelines for Abandonment of Contract

Cases

The Educator submitted a letter of resignation by June 1st for school year 2011-2013 only. Typically it is by May 1st.

6666

Clearance Guidelines for Abandonment of Contract Cases

The Educator resigns during the contract year for one of the following reasons and works with the school system to facilitate a smooth transition of professional duties:

• Documented personal health problems or family medical problems that require the educator’s full time care and attention

• A family situation that requires a move out of reasonable commuting distance of the contracted position.

• A documented spousal transfer and relocation out of reasonable commuting distance of the contracted position.

• A documented promotion within the field of education.• The school system was forced to reduce the educator’s

salary due to documented loss of financial support caused by an unexpected economic downturn (including state requested furloughs).

6767

Clearance Guidelines for Abandonment of Contract Cases

The Educator/Administrator was forced to recommend that the local board of education reduce the salaries of educators in the system due to documented loss of financial support caused by an unexpected economic downturn (including state requested furloughs), and the Educator/Administrator works with educators seeking release from their contract to facilitate a smooth and timely transition of professional duties.

Required Required ReportsReports



An educator shall file An educator shall file reports of a breach of reports of a breach of

one or more of the one or more of the standards in the Code of standards in the Code of

Ethics for Educators, Ethics for Educators, child abuse, or any other child abuse, or any other

required report.required report.

Required ReportsRequired ReportsUnethical conduct includes but is not limited to:Unethical conduct includes but is not limited to:1.1. failure to report all requested information on failure to report all requested information on

documents required by the Commission when documents required by the Commission when applying for or renewing any certificate with the applying for or renewing any certificate with the Commission.Commission.;;

2.2. failure to make a required report of a violation of failure to make a required report of a violation of one or more standards of the Code of Ethics for one or more standards of the Code of Ethics for educators of which they have personal knowledge educators of which they have personal knowledge as soon as possible but no later than ninety (90) as soon as possible but no later than ninety (90) days from the date the educator became aware of days from the date the educator became aware of an alleged breach unless the law or local procedures an alleged breach unless the law or local procedures require reporting sooner. ; andrequire reporting sooner. ; and

3.3. failure to make a required report of any violation of failure to make a required report of any violation of state or federal law soon as possible but no later state or federal law soon as possible but no later than ninety (90) days from the date the educator than ninety (90) days from the date the educator became aware of an alleged breach unless the law became aware of an alleged breach unless the law or local procedures require reporting sooner.or local procedures require reporting sooner. These These reports include but are not limited to: murder, voluntary reports include but are not limited to: murder, voluntary manslaughter, aggravated assault, aggravated battery, manslaughter, aggravated assault, aggravated battery, kidnapping, any sexual offense, any sexual exploitation of kidnapping, any sexual offense, any sexual exploitation of a minor, any offense involving a controlled substance and a minor, any offense involving a controlled substance and any abuse of a child if an educator has reasonable cause any abuse of a child if an educator has reasonable cause to believe that a child has been abused.to believe that a child has been abused.

UnsatisfactoryUnsatisfactoryEvaluationsEvaluations

ProfessionProfessional Conductal Conduct



An educator shall An educator shall demonstrate conduct that demonstrate conduct that

follows generally follows generally recognized professional recognized professional standards and preserves standards and preserves the dignity and integrity the dignity and integrity

of the teaching of the teaching profession.profession.

Professional ConductProfessional Conduct

Unethical conduct includesUnethical conduct includes but is not but is not limited to:limited to:

1.1. any conduct that impairs any conduct that impairs and/or and/or diminishesdiminishes the certificate holder’s the certificate holder’s ability to function professionally in ability to function professionally in his or her employment position, or his or her employment position, or

2.2. a pattern of behavior or conduct a pattern of behavior or conduct that is detrimental to the health, that is detrimental to the health, welfare, discipline, or morals of welfare, discipline, or morals of students.students.

TestingTesting



An educator shall An educator shall administer state administer state

mandated mandated assessments fairly assessments fairly

and ethically.and ethically.

TestingTesting

Unethical conduct includes but is not limited Unethical conduct includes but is not limited to:to:

1.1. committing any act that committing any act that breaches Test Security; andbreaches Test Security; and

2.2. compromising the integrity compromising the integrity of the assessment.of the assessment.

Superintendent’s RoleSuperintendent’s RoleThe Superintendent has The Superintendent has ultimate responsibility and ultimate responsibility and

accountabilityaccountability for all testing activities within the local school for all testing activities within the local school system.system.

Develops local policies and Develops local policies and procedures based on Georgia procedures based on Georgia Department of Education Department of Education guidelines and test publisher’s guidelines and test publisher’s directions to maintain test directions to maintain test security.security.

Supervises and monitors Principals Supervises and monitors Principals to ensure that they fulfill their to ensure that they fulfill their specific roles and responsibilities specific roles and responsibilities for the administration of tests.for the administration of tests.

Superintendent’s RoleSuperintendent’s RoleThe Superintendent has The Superintendent has ultimate responsibility and ultimate responsibility and

accountabilityaccountability for all testing activities within the local school for all testing activities within the local school system.system.

Ensures that all personnel involved with Ensures that all personnel involved with testing receive training on appropriate testing receive training on appropriate test administration, policies, and test administration, policies, and procedures including accommodations procedures including accommodations for each assessment given.for each assessment given.

Informs the local Board of Education, Informs the local Board of Education, state test coordinator and Professional state test coordinator and Professional Standards Committee of any breach of Standards Committee of any breach of security by employees of the system.security by employees of the system.

Ensures test security within the Ensures test security within the building.building.

Ensures distribution of test Ensures distribution of test materials occurs immediately materials occurs immediately prior to testing.prior to testing.

Supervises all testing activities.Supervises all testing activities. Ensures that all school personnel Ensures that all school personnel

have been appropriately trained have been appropriately trained on test administration, on test administration, procedures, and polices.procedures, and polices.

The Principal’s RoleThe Principal’s Role The principal is ultimately responsible and The principal is ultimately responsible and accountable for accountable for all testing activities in the schoolall testing activities in the school..

Ensures that documented Ensures that documented accommodations accommodations (IEP, IAP, TPC)(IEP, IAP, TPC) have been have been given to only those students who given to only those students who appropriately need them.appropriately need them.

Implements system and school Implements system and school testing policies and procedures to testing policies and procedures to ensure all students are tested fairly ensure all students are tested fairly and appropriately.and appropriately.

Reports immediately any breach of Reports immediately any breach of security to the Superintendent.security to the Superintendent.

The Principal’s RoleThe Principal’s Role The principal is ultimately responsible and The principal is ultimately responsible and accountable for accountable for all testing activities in the schoolall testing activities in the school..

Other Grounds for Other Grounds for Disciplinary Action against Disciplinary Action against

a Certificate:a Certificate: 1. unethical conduct as outlined in 1. unethical conduct as outlined in

The Code of Ethics for Educators, The Code of Ethics for Educators, Standards 1-11;Standards 1-11;

2. disciplinary action against a 2. disciplinary action against a certificate in another state on certificate in another state on grounds consistent with those grounds consistent with those specified in the Code of Ethics for specified in the Code of Ethics for Educators;Educators;

3. order from a court or a request 3. order from a court or a request from DHR that a certificate be from DHR that a certificate be suspended or denied for non-suspended or denied for non-payment of child support;payment of child support;

Other Grounds for Other Grounds for Disciplinary Action against Disciplinary Action against

a Certificate:a Certificate: 4. notification from the GHEAC that 4. notification from the GHEAC that

the educator is in default and not in the educator is in default and not in satisfactory repayment status on a satisfactory repayment status on a student loan; student loan;

5. suspension or revocation of any 5. suspension or revocation of any professional license or certificate; professional license or certificate;

6. violation of any other laws and rules 6. violation of any other laws and rules applicable to the profession; and applicable to the profession; and

7.7. any other good and sufficient cause any other good and sufficient cause that renders an educator unfit for that renders an educator unfit for employment as an educatoremployment as an educator

Enforcing SanctionsEnforcing Sanctions

The superintendent and the The superintendent and the superintendent’s designee for superintendent’s designee for

certification shall be responsible certification shall be responsible for assuring that an individual for assuring that an individual

whose certificate has been whose certificate has been revoked, denied, or suspended is revoked, denied, or suspended is not employed or serving in any not employed or serving in any

capacity in their district. Both the capacity in their district. Both the superintendent and the superintendent and the

superintendent’s designee must superintendent’s designee must hold GAPSC certification.hold GAPSC certification.

Questions

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