Standards of Ethical Conduct
José Martí Schools
(Adapted from the Code of Ethics of the Education Profession in Florida and Principles of Professional Conduct for the Education Profession in Florida)
1. Our school 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. Our primary concern is the student and the development of the student’s potential. Employees will therefore strive for professional growth and will seek to exercise the best professional judgment and integrity.
3. Concern for the student requires that our instructional personnel:
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. Aware of the importance of maintaining the respect and confidence of colleagues, of students, of parents, and of the community, employees of our school must display the highest degree of ethical conduct. This commitment requires that our employees:
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. Training Requirement All employees, educational support, instructional personnel and administrators are required as a condition of employment to complete training on these standards of ethical conduct.
Reporting Misconduct by Instructional Personnel and Administrators All employees, educational support, instructional personnel 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 Edith Ysada 305-335-3826
Reports of misconduct committed by administrators should be made to Milagros Beovides 786-351-9977
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 each teaching classroom, main school office, teacher planning area, and on our Web site at: josemartischool.com
Reporting Child Abuse, Abandonment or Neglect All employees and agents have an affirmative duty to report all actual or suspected cases of child abuse, abandonment, or neglect. Call 1-800-96-ABUSE or report online at: http://www.dcf.state.fl.us/abuse/report/.
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.
Liability Protections Any person, official, or institution participating in good faith in any act authorized or required by law, 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. (F.S. 39.203)
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. Chapter 760. (F.S. 768.095)
Florida Educator Conduct Act
Compliance Checklist for Private Schools
Under Florida’s Educator
Conduct Act, which amended Florida Statute §1002.421, private schools in
Florida that receive state funding or participate in state educational
scholarship programs (including the Opportunity Scholarship, the Gardiner
Scholarship, the McKay Scholarship, the Family Empowerment Scholarship Program,
the Florida Tax Credit Scholarship, or the Hope Scholarship) must comply with
the Florida Department of Education’s record keeping policies regarding
disqualified school employees, background checks, training requirements, and
standards of ethical conduct.
Note that if the Florida
Department of Education determines that the private school that participates in
state scholarship funds has violated the requirements outlined in s.1002.421
(as outlined below), the DOE shall suspend payment of funds for one fiscal year
and may disqualify the school from future participation in the state
scholarship program for further material violations.
To be in compliance with the
Florida Educator Conduct Act, private schools receiving state scholarship funds
have the following obligations:
Background Checks on
Employees with Direct Contact (Unsupervised Access) with Students
Before employing a person in
any position that requires direct contact with students:
X____ Conduct employment history checks of
previous employers and document the findings. If the school is unable to
contact a previous employer, the school must document the efforts made to
contact the employer.
X____ Conduct a Level II fingerprint check
pursuant to the standards set forth in s. 435.04 and repeat the fingerprint
check every five years. (Note that s. 435.04 contains a listing of the
disqualifying offenses. All persons who are disqualified under the
standards must not be employed.
X____ In addition to the disqualification
standards in s. 435.04, the school may not employ any person who (1) has been
arrested and is awaiting final disposition for, or has been found guilty
of, or entered a plea of nolo contendere to, regardless of adjudication, or has
been adjudicated delinquent for, and the record must not have been sealed or
expunged for, any of the offenses outlined in s. 1002.421(1)(p)(5).
Current employees who are arrested for one of the offenses listed must be
removed.
X____ Screen the person through the use of
the state screening tools described in s.1001.10(5) (the state database that
contains certified educator disqualification lists, disciplinary history, and
other information) and document the findings.
School
Policies/Procedures for Educational Support Employees, Instructional Personnel,
and School Administrators (“All Employees”)
X____ Adopt and post policies (in English
and Spanish) that apply to all employees that: (1) establish standards of
ethical conduct (i.e. that outlines meaningfully the expectations of employees
regarding interactions and communications with students); (2) establish an
employee’s duty to report, and the procedures for reporting, alleged misconduct
by other employees of the school which affects the health, safety, or welfare
of the student; and (3) explain the liability protections provided under
Florida law related to reporting such misconduct. Liability protections
are contained in Florida Statutes §39.203 (immunity from liability for
reporting child abuse in good faith) and §768.095 (employer immunity for
disclosing truthful information to a potential new employer of an employee).
X____ Post a notice both on the school’s
website and in areas where employees congregate that address child abuse
reporting obligations, including how to report, cooperation with investigations,
and penalties for failure to report.
X____ Post posters for students in both
English and Spanish that can be found on the FL DOE website that address how
students can report educator conduct that impacts the student’s health,
welfare, or safety, including calling 911. See Fla. Stat. 1006.061.
X____ Train all employees on the school’s
standards of ethical conduct. The training must include the employee’s duty to
report and the procedures for reporting, alleged misconduct by other employees
of the school which affects the health, safety, or welfare of the student. This
instruction must also explain the liability protections provided under Florida
law related to reporting such misconduct.
X____ A private school, or any of its
employees, may not enter into a confidentiality agreement regarding terminated
or dismissed employees, or employees who resign in lieu of termination, based
in whole or in part on misconduct that affects the health, safety, or welfare
of a student. The school may not provide these employees with employment
references or discuss the employee’s performance with prospective employers in
another educational setting, without disclosing the employee’s misconduct.
Any such provision in an agreement will be void and not enforceable.
X____ A private school may not employ an
employee in a position that requires direct contact with students if the person
is ineligible for employment under Florida law or has been terminated or
resigned in lieu of termination for sexual misconduct with a student.
Investigation and
Reporting Obligations
X____ Investigate all reports received from
employees that indicate that another employee may have engaged in conduct that
impacts the health, safety, or welfare of a student. Document the
investigation.
X____ Report to the Department of Education
the name of any employee who has been terminated or resigned in lieu of
termination for engaging in behavior that affects the health, safety, or
welfare of a student, including sexual misconduct with a student. This information
will be placed in the state’s database for future employers to review.