The creation of a PLSB and implementation of the COE for AR Educators, as well as Procedural Rules for the PLSB by the AR Board of Education (SBE), was authorized by Statute effective July 31, 2007

The PLSB was established and the COE/Rules took effect September 9, 2008

An Ethics Subcommittee (ESC) consisting of five members of the PLSB was established to authorize or deny investigations based on allegations received; to determine whether or not violations have occurred upon completion of an investigation; and, if so, to make sanction recommendations to the SBE

The PLSB consists of 16 members appointed by SBE:

◦ Commissioner of ADE or designee (nonvoting)

◦ One ADE rep from Licensure/Ed Effectiveness (nonvoting)

◦ Director, Department of Human Services (DHS) Division of Early Childhood Education or designee (nonvoting)

◦ Four licensed public school classroom teachers; one each from following levels: Birth-K, K-6, 4-8, and 7-12

◦ Four public school licensed administrators: One Middle school level, two superintendents, and one building or district level administrator

◦ Three deans of education from AR Institutions of Higher Education (IHE): One private IHE rep, one public IHE rep, one dean with licensure issues knowledge

◦ One coordinator of education leadership

◦ One person with valid curriculum/program administrators license

Develop and recommend for adoption to the SBE minimum college level preparatory and grade point average requirements for all teachers applying for licensure, including minimum requirements for:

◦ Course of study

◦ Program approval

◦ Range of approved hours

◦ Practice teaching hours

Review the audits of the education preparation programs (EPP) of AR IHE to ensure alignment with state or national licensure standards

Adopt rules requiring students admitted to AR IHE EPP to:

◦ Undergo a statewide and nationwide criminal records check

◦ Undergo a Child Maltreatment Registry check

Establish a COE for AR administrators and teachers in educational environments for preK-12 students

Effective July 1, 2014, the COE for Arkansas Educators consists of Eight

Standards upon which licensed educator conduct is judged

Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom Standard #2: An educator maintains competence regarding his or her professional practice inclusive of skills, knowledge, dispositions and responsibilities relating to his or her organizational position Standard #3: An educator honestly fulfills reporting obligations associated with professional practices

Standard #4: An educator entrusted with public funds and property, including school sponsored activity funds, honors that trust with honest, responsible stewardship Standard 5: An educator maintains integrity regarding the acceptance of any gratuity, gifts, compensation or favor that might impair or appear to influence professional decisions or actions and shall refrain from using the educator’s position for personal gain

Standard #6: An educator keeps in confidence secure standardized test materials and results and maintains integrity regarding test administration procedures Standard 7: An educator maintains the confidentiality of information about students and colleagues obtained in the course of the educator’s professional services that is protected under state law or regulations, federal law or regulations, or the written policies of the educator’s school district, unless disclosure serves a professional purpose as allowed or required by law or regulations

Standard #8: An educator refrains from using, possessing and/or being under the influence of alcohol or unauthorized drugs/substances and/or possessing items prohibited by law, or possessing or using tobacco-related products while on school premises or at school-sponsored activities involving students

From the 2008-2009 school year, through end of the 2014-2015

school year, the PLSB Ethics Sub- committee received and reviewed a

total of 1,381 allegation forms

Standards Alleged Violated

1 2 3 4 5 6 7 8

220 200 35 19 4 10 13 15

Total allegation forms received: 226 (161 or 71% authorized for investigation)

Total Standard(s) alleged violated: 516 (378 or 73% authorized for investigation)

43% of allegations Standard 1; 39% Standard 2

Some allegation forms obviously allege violations of more than one Standard

Some allegation forms involve more than one educator

The Allegation

The Ethics Subcommittee Allegation Review

The Complaint

The Investigation

The Ethics Subcommittee Investigation Review

The Remaining Parts of the Process

Anyone (adult) can submit an allegation(s)

All allegation forms require an original signature (no anonymous allegations are accepted) and must be submitted by mail to the ADE Assistant Commissioner for Licensure

All allegation forms are validated by the PLSB Chief Investigator and presented to the ESC for review and an investigation authorization decision

Upon presentation at its monthly meeting, the Ethics Subcommittee:

◦ Authorizes an investigation based on a credible allegation(s), that, if true, indicates one or more of the COE Standards have been violated, or

◦ Denies authority to investigate based on the conduct described not being a violation of the COE, or

◦ Authorizes an investigation as to one or part of the allegation(s), but denies authorization in part.

Once the investigation is authorized by the Ethics Subcommittee, the allegation becomes a Complaint.

Within ten (10) calendar days of the date the investigation is authorized, the PLSB staff notifies the Educator that an allegation has been received, an investigation authorized, and sends a copy of the complaint, with attachments, to the educator.

The Educator has thirty (30) calendar days from the actual receipt of the notice to provide an initial written response.

A PLSB Investigator is assigned to conduct the investigation

From the date of the authorization to investigate by the ESC, the PLSB has 150 days to complete the investigation and bring it back to the ESC for a Reasonable Belief determination and sanction recommendation

The PLSB has a total of 180 days to conclude its role in the process

Actions which can be taken by the ESC following investigation of the complaint:

◦ Determination that no Reasonable Belief exists that

a COE standard(s) was violated, and, as a result, dismiss the case without further action

◦ Determination that Reasonable Belief exists and

issuance of a private, non punitive Letter of Caution, with no action to be taken by the SBE and no record of the action placed in the licensure file at ADE, or:

Sanctions which can be recommended to the SBE following investigation of the complaint:

◦ Written Warning ◦ Written Reprimand and $50 Fine ◦ Probation on License and $75 Fine

Probation may be for a term of months or years

Subcommittee may recommend certain conditions be met as a part of the probation

◦ Suspension of License and $100 fine

Suspension may be for a term of months or years

Subcommittee may recommend conditions ◦ Permanent Revocation of License

Evidentiary Hearing (EH): Educator can request an Evidentiary Hearing if they desire. Educator testifies in person before an EH Panel (EHP) and they can uphold, modify, or revoke the ESC sanction(s) recommendation

SBE Sanction Action: SBE reviews all sanction recommendations and approves, denies, or returns recommendation to ESC or EHP

SBE Hearing: Educator can request a hearing before the SBE if he/she disagrees with the EHP decision

Circuit Court Hearing: Educator can request a Circuit Court hearing if he/she disagrees with the SBE decision

The complaint alleged that the educator: ◦ Embarrassed a student by discussing private information in front of

the entire class

Standard Alleged Violated: 1 & 7 ◦ An educator maintains a professional relationship with each student,

both in and outside the classroom ◦ An educator maintains the confidentiality of information about

students and colleagues obtained in the course of the educator’s professional services that is protected under state law or regulations, federal law or regulations, or the written policies of the educator’s school district, unless disclosure serves a professional purpose as allowed or required by law or regulations

Result: ◦ Letter of Caution (Private)

The complaint alleged that the educator: ◦ Used a racial slur in front of students

Standard Alleged Violated: 1 ◦ An educator maintains a professional relationship with each

student, both in and outside the classroom

Result: ◦ Written warning

The complaint alleged that the educator: ◦ After being given specific instructions to abstain form physical

contact with students (hugging), allowed contact to continue

Standard Alleged Violated: 1 ◦ An educator maintains a professional relationship with each

student, both in and outside the classroom

Result: ◦ Written warning

The complaint alleged that the educator: ◦ Made unprofessional and inappropriate comments of a racial and

sexual nature to students ◦ Texted and called a colleague after receiving a written directive not to

have contact with any school employee about a particular matter

Standard Alleged Violated: 1 & 2 ◦ An educator maintains a professional relationship with each student,

both in and outside the classroom

◦ An educator maintains competence regarding skills, knowledge, and dispositions relating to his or her professional practice inclusive of skills, knowledge, disposition, and responsibilities relating to his or her organizational position

Result:

◦ Written reprimand and a $50 fine

The complaint alleged that the educator: ◦ Had inappropriate and unprofessional communications with a

student via social media

Standard Alleged Violated: 1 ◦ An educator maintains a professional relationship with each

student, both in and outside the classroom

Result: ◦ Written reprimand, $50 fine, and 6 hours of social media training

within 60 days of SBE final order

The complaint alleged that the educator: ◦ Threw a ceramic coffee mug against the floor of the classroom,

resulting in at least three students being struck by pieces of the broken mug

Standard Alleged Violated: 1 & 2

◦ An educator maintains a professional relationship with each student, both in and outside the classroom

◦ An educator maintains competence regarding skills, knowledge, and dispositions relating to his or her professional practice inclusive of skills, knowledge, disposition, and responsibilities relating to his or her organizational position

Result:

◦ 1 year probation, $75 dollar fine, and 6 hours of anger management training

The complaint alleged that the educator: ◦ Failed to preview and get administration approval of a video

shown to students which contained vulgar and sexual innuendos and/or language

Standard Alleged Violated: 1 ◦ An educator maintains a professional relationship with each

student, both in and outside the classroom

Result: ◦ 3 years probation and a $75 fine

The complaint alleged that the educator: ◦ Conspired with students to assert blame on students from another

school when students brought alcohol on a school sponsored trip

◦ Did not report a student known to be drinking alcohol or under the influence of alcohol on a school sponsored trip

Standard Alleged Violated: 1 & 3 ◦ An educator maintains a professional relationship with each student,

both in and outside the classroom

◦ An educator honestly fulfills reporting obligations associated with professional practices

Result: ◦ 1 year suspension and a $100 fine

The complaint alleged that the educator: ◦ Had inappropriate physical contact (unwanted touching) with a

female student

Standard Alleged Violated: 1 ◦ An educator maintains a professional relationship with each

student, both in and outside the classroom

Result: ◦ License revocation

The complaint alleged that the educator: ◦ Engaged in inappropriate conduct of a sexual nature with a male

student

Standard Alleged Violated: 1 ◦ An educator maintains a professional relationship with each

student, both in and outside the classroom

Result: ◦ License revocation

The complaint alleged that the educator: ◦ Mocked the building principal in front of students

Standard Alleged Violated: 2 ◦ An educator maintains competence regarding skills, knowledge,

and dispositions relating to his or her professional practice inclusive of skills, knowledge, disposition, and responsibilities relating to his or her organizational position

Result: ◦ Written warning and a $50 fine

The complaint alleged that the educator: ◦ Forged signatures on SPED conference paperwork

Standard Alleged Violated: 2 & 3 ◦ An educator maintains competence regarding skills, knowledge,

and dispositions relating to his or her professional practice inclusive of skills, knowledge, disposition, and responsibilities relating to his or her organizational position

◦ An educator honestly fulfills reporting obligations associated with professional practices

Result: ◦ 2 year probation, $75 dollar fine, and completion of additional

training on SPED requirements and documentation paperwork within 1 year of SBE final order

The complaint alleged that the educator: ◦ Failed to provide appropriate instructions to her classroom

◦ Failed to provide appropriate classroom management by not stopping the verbal and physical abuse of a student by another educator

◦ Failed to report physical and verbal abuse of a student

Standard Alleged Violated: 2 & 3 ◦ An educator maintains competence regarding skills, knowledge, and

dispositions relating to his or her professional practice inclusive of skills, knowledge, disposition, and responsibilities relating to his or her organizational position

◦ An educator honestly fulfills reporting obligations associated with professional practices

Result: ◦ 2 year suspension and a $100 dollar fine

The complaint alleged that the educator: ◦ Received a cash donation of between $880 and $4000 from a student

without reporting it to the administration and possibly diverting or keeping the donation

Standard Alleged Violated: 2 & 3 ◦ An educator maintains competence regarding skills, knowledge, and

dispositions relating to his or her professional practice inclusive of skills, knowledge, disposition, and responsibilities relating to his or her organizational position

◦ An educator honestly fulfills reporting obligations associated with professional practices

Result: ◦ 2 year suspension and a $100 fine

The complaint alleged that the educator: ◦ Failed to notify the Child Maltreatment Hotline of a report of

suspected sexual abuse of a student, as required for all AR Mandated Reporters

Standard Alleged Violated: 3 ◦ An educator honestly fulfills reporting obligations associated with

professional practices

Result: ◦ Written reprimand and a $50 fine

The complaint alleged that the educator: ◦ Stole and kept or pawned school-owned sport shooting guns

Standard Alleged Violated: 4 ◦ An educator entrusted with public funds and property, including

school sponsored activity funds, honor that trust with honest, responsible stewardship

Result: ◦ 2 year suspension and a $100 fine

The complaint alleged that the educator: ◦ Gave students hints/answers during an end-of-course test

Standard Alleged Violated: 6 ◦ An educator keeps in confidence secure standardized test

materials and results and maintains integrity regarding test administration procedures

Result: ◦ Written reprimand and a $50 fine

The complaint alleged that the educator: ◦ By discussing a student’s medications in front of other students, did

not keep a student’s personal information confidential

Standard Alleged Violated: 7 ◦ An educator maintains the confidentiality of information about

students and colleagues obtained in the course of the educator’s professional services that is protected under state law or regulations, federal law or regulations, or the written policies of the educator’s school district, unless disclosure serves a professional purpose as allowed or required by law or regulations

Result: ◦ Letter of Caution (Private)

The complaint alleged that the educator: ◦ Being on school premises and in the presence of students while under

the influence of alcohol

Standard Alleged Violated: 8

◦ An educator refrains from using, possessing and/or being under the influence of alcohol or unauthorized drugs or substances and/or possessing items prohibited by law, or possessing or using tobacco or tobacco-related products while on school premises or at school-sponsored activities involving students.

Result:

◦ 1 year suspension, $100 fine, enrollment in certified alcohol rehabilitation program with proof of attendance and progress provided the PLSB on a quarterly basis, and, upon completion of program, a letter from a licensed counselor that educator is fit to return to the classroom

The complaint alleged that the educator: ◦ Testing positive for amphetamines and opiates during school-

administered drug test

Standard Alleged Violated: 8

◦ An educator refrains from using, possessing and/or being under the influence of alcohol or unauthorized drugs or substances and/or possessing items prohibited by law, or possessing or using tobacco or tobacco-related products while on school premises or at school-sponsored activities involving students.

Result:

◦ 3 year suspension, $100 fine, enrollment in certified drug rehabilitation program with quarterly random drug testing, and, upon completion of program, a letter from a licensed counselor that educator is fit to return to the classroom

Licensure Fees for all educators are due every 5 years = $75

PLSB Staffing

◦ 10 full-time positions

Director

5 investigators, including the Chief Investigator

Staff attorney

Paralegal

2 administrative staff

The Arkansas Educator Licensure System (AELS) provides information on a public site on the current status of an educator’s license

Searchable at: https://adeaels.arkansas.gov/AelsWeb/Search.aspx (or click on AELS on the Department’s website)

Indicates a licensure status of: ◦ Probation ◦ Suspension ◦ Revocation

Indicates whether there is an ethics violation for sexual abuse of a student ◦ Act 1323 of 2013 requires supervisors to check AELS before hiring

an educator

Applicant with NO PLSB violations:

Applicant WITH PLSB violations:

Screen shown when “View” link in previous screenshot is clicked:

Questions?

Brad Baine, USBA/PLSB/School Board member: ◦ bbaine@wbcoll.edu

Cheryl Reinhart, PLSB Director: ◦ cheryl.reinhart@arkansas.gov