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Newell, John M.; Ingram, Hugh B.The Florida Professional Practices Council. ResearchBulletin.Florida Educational Research and Development Council,Gainesville.Aug 7447p.V. F. Breivogel, Executive Secretary, FloridaEducational Research and Development Council, 126Building E, University of Florida, Gainesville,Florida 32611 (single copy, $1.00, 5 or more, 10%discount)Research Bulletin; v9 n1 Spr-Sum 1974

MF-$0.75 HC-$1.85 PLUS POSTAGE*Behavior Standards; *Committees; Effective Teaching;*Ethics; Investigations; *Professional Personnel;*Teachers; Teaching Skills*Florida Professional Practices Council

ABSTRACTThis bulletin discusses the development, functions,

and procedures of the Florida Professional Practices Council. Chapterone provides a history of the Council and discusses its membership,role, and function. Chapter two describes the operations of theCouncil including its duties and responsibilities and illustrates thekinds of services it performs, including probable causedetermination, adversary hearings, field assistance, andquasijudicial hearings. Chapter three lists standards of competentprofessional performance and major features, background, anddevelopment of these standards. Chapter four presents specific stepsand procedures for the development of a case that assures the teacherof due process and a fair hearing. Chapter five considers futuredirections of the Council. A 10-item bibliography is included.(PD)

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The Florida ProfessionalPractices Council

Volume 9 Spring-Summer, 1974 Number 1

RESEARCH BULLETIN

The Florida ProfessionalPractices Council

by

JOHN M. NEWELLUniversity of Florida

and

HUGH B. INGRAM43A.ninistrator, Florida Professional Practices Council

Florida Department of Education

Published by

THE FLORIDA EDUCATIONAL RESEARCH ANDDEVELOPMENT COUNCIL

August, 1974

Published QuarterlyA n n uni 1 Subscription $3.00

Individual Copies $1.00(10', discount for 5 or more)

Copies may he secured from W. F. fireivegel, Executive Secretary, FloridaEducational Research and Development Council, 126 Building E, Universityof Florida, G&nesville, Florida 32611.

PREFACE

Do you know that we have a Professional Practices Councilin Florida? If you have heard about the Council, what do youknow about its development, mission, and activities? If youhaven't heard about the Council, or you are not quite sure whatit does, then this Bulletin was written for you.

We are fortunate to have as authors of this Bulletin HughIngram and John Newell. They have taken active part in thedevelopment and implementation of the Council's work.

FERDC is proud to present this publication on a very cur-rent topic.

W. F. Breivogel. Ed.D.August, 1974

FOREWORD

The authors of this Bulletin have been active in the develop-ment and growth of the Florida Professional Practices Council.Dr. John M. Newell, Professor of Education, University of Flor-ida, was active in the development and writing of the Standardsof Competent Professional Performance which are included inthis Bulletin. He is presently a member of the ProfessionalPractices Council representing the public institutions of highereducation.

Mr. Hugh Ingram has been active in the state teachers as-sociation and is the first Executive Director of the ProfessionalPractices Council. Mr. Ingram is also the current President ofthe National Association of Educational Standards and Profes-sional Practices.

TABLE OF CONTENTS

HISTORY AND DEVELOPMENT OF THE FLORIDAPROFESSIONAL PRACTICES COUNCIL 5

Introduction 5

History of the Council 6

Meh,hership of the Council 8

Role and Function of the Council 10

ROLE AND FUNCTIONS OF THE PROFESSIONALPRACTICES COUNCIL 11

Probable Cause Determination 17

Adversary Hearing 19

Field Assistance 20

Quasi-Judicial Hearings 21

STANDARDS OF COMPETENT PROFESSIONALPERFORMANCE 22

Background and Development 22

Major Features of the Standards 23

The Standards 25

CASE PREPARATION 30

NEAT Procedures 32

Professional Reviewers 33

Other Types of Cases 35

Examples of Cases 35

F1.7TURE DIRECTIONS OF THE PROFESIONALPRACTICES COUNCIL 37

QUESTIONNAIRE

To the reader :

This questionnaire is enclosed in an effort to get feedback fromthe readers of this Bulletin regarding their impressions of theFlorida Professional Practices Council. Your response will makeit possible to develop better plans for the dissemination of in-formation about the Council. It is a publishing experiment onthe part of the Florida Educational Research and DevelopmentCouncil. We will appreciate your help. We hope to make areport of the findings. Thank you.

I. Your present position is : (check one)

S, nool administrator

Classroom teacher

School Board member

Other (specify)

2. In what county do you work presently"

3. How did you FIRST learn about the Florida ProfessicnalPractices Council. (check one)

This Bulletin

In a workshop

From another staff member

Other (specify)

4. Have you ever had an opportunity to use the services of theCouncil? Yes No

5. If you answered "Yes" to 4. what service did you receive?(Please state ; attach additional sheet if necessary.)

6. If you have used the services of the Council, were you satis-fied with the services? Yes No.

3

7. If you have used the services of the Council, would you pleasemake suggestions as to how they may be improved? (Attach

additional sheet if necessary.)

8. Do you know of anyone who has had an opportunity to use theservices of the Council ? Yes No

9. In your opinion, which one of the following stater- bestdescribes the role of the Florida Professional eticesCouncil?

(check one)

The Council is of most help to administrat'rs whowant to remove teachers from their school.

The Council is of most help to teachers who need tohave their job protected.

The Council is primarily an arm of the Departmentof Education in removing teachers from the class-room.

The Council has relatively little authority to eitherremove or protect a teacher from charges by adminis-trators.

Thank you very much.

Please return to : Dr. John Newellc o Florida Educational Research and

Development Council126 Building EUniversity of FloridaGainesville, Florida 32611

CHAPTER

HISTORY AND DEVELOPMENT OF THE FLORIDAPROFESSIONAL PRACTICES COUNCIL

Introduction:

The purpose of this Bulletin is to acquaint the reader withthe development, functions and procedures of the Florida Profes-sional Practices Council. Much of the information contained inthis Bulletin may be found in bits and pieces elsewhere. How-ever, there is no single source which brings together in one publi-cation information about the Florida Prof,.3sional PracticesCouncil ; it is the intent of this Bullet in to correct this situation.In addition, the Bulletin will provide a bibliography of the manysources of information relating to the Council.

The authors of this Bulletin have been associated with theFlorida Professional Practices Council during its developmentand growth. In addition to providing information about theCouncil, this Bulletin will include comments and perceptions ofthe authors who were involved with the development of mane ofthe regulations and procedures. The Florida Professional Prac-tices Council has been fully operational for about five years andduring that time has developed procedures and experience whichshould be of interest to both the teachers in the state of Floridawho are governed by the regulations of the Council as well as

5

I

others who are interested in developing a similar organization inother states.

Since the Council was developed out of the efforts of mem-bers of the teaching profession of Florida and is intended toserve these teachers, their efforts and commitment to the con-cept of self regulation as a part of being worthy of being calleda profession should be recognized. The authors know of nobetter way to indicate our debt and gratitude to the many mem-bers of the teaching profession of Florida than by dedicatingthis Bulletin to the teachers of Florida.

History of the Council

The beginnings of the Florida Professional Practices Council(originally called the Florida Professional Practices Commis-sion) came in 1962 in the legislature of the state of Florida.Members of the Florida Education Association and the FloridaState Teachers Association were deeply concerned about theprofessional future of education in the state and had been ex-periencing what some considered to be arbitrary and unilateraltreatment of teachers including suspensions and reassignment ofduties without the possibility of the teachers being able to defendthemselves or state their opposition. Teachers were also con-cerned and at times, indignant over legislative and public crit-icisni of the quality of professional services rendered by teachers.They felt strongly that the involvement of members of the teach-ing profession to determine whether instructional personnelshould be dismissed would guarantee due process and fair hear-ings and would also ensure that the unfit would be disciplined ordismissed without fear or favor. The Florida Education As-sociation secured the introduction of an "expert witness" bill intothe 1962 session of the legislature. This bill would have had theeffect of declaring members of the teaching profession to be.under certain specified conditions, expert witnesses in hearingsrelated to charges against a member of the teaching profession.The bill was similar to one that had been successfully adopted inNevada the previous year and was intended to give members ofthe teaching profession a greater voice in the evaluation of themembers of the profession.

There was considerable opposition to the bill and it did not

6

pass. In 1963. the 11114 Professional Teaching PracticesAct (2) was introduced into the I.yislature as an alternative tothe "expert witness" act. 'the Act was passed by the legislatureand was supported by William Chappell (presently Represent-ative Chappel, Congress of the United States) who was Speakerof the House of Representatives. The bill became law withoutthe signature of the governor. The Florida Professional Teach-ing Practices Act was more inclusive than the "expert witness"act which had previoosly been introduced without success. TheAct declared teaching co be a profession in the state of Floridaand stated in part. "T,Atching is hereby declared to be a profes-sion in Florida, with all of the similar rights, responsibilities andprivileges accorded to other legally recognized professions." Inaddition, the Act created the Professional Practices Commissionand designated its duties and membership. Despite this positivemove on the part of the legislature, the Act did not, unfortu-natel, provide any financial support for the Commission.

From 1963 until 1967. the Commission was supported by theFlorida Education Association. If conditions in Florida had notchanged drastically, there is some reason to believe that theCommission might have remained dependent on the FloridaEducation Association. Between the years of 1963 and 1967.teachers became increasingly restive and dissati fried with theirtreatment in the state. This unrest culminated with sanctionsbeing declared against the state of Florida and many teacherswalked off the job. The president of the Florida Education As-sociation declared in 1967 that teachers who violated sanctionswould be subject to review and possible discipline by the FloridaProfessional Practices Commission. The reaction of the Legis-lature was immediate. The Florida Professional TeachingPractices Act was amended and the Commission was removedfrom its dependence on the Florida Education Association. Oper-ating funds were provided by the legislature from a portion ofthe fees which came from a charge made to process an ap-plication 1.4 r certiticati. The amended act further prohibitedthe Florida Education Association from using the Commissionto support sanctions. The Commission became an agency ofthe state and in 1969. as a result of the Governmental Reorgan-ization Act, was renamed the Florida Professional PracticesCouncil and transferred to the reorganized Department of Edu-cation of Florida.

7

In 1968, the Council employed a full time executive director.Mr. Hugh Ingram, and hired a staff to assist the director. Mr.Ingram thus became the first Executive Director of a profes-sional practices body in the United States. Although the 1963Professional Teaching Practices Act charged the Commissionwith the development of criteria of professional practices includ-ing a code of ethics and r:tandards of professional performance,at the time of the employment of the executive director and staffno standards of professional performance existed. The Commis-sion had adopted the Code of Ethics of the Education Profession,a nationally recognized co%!.. and two rule chapters dealing withprocedures of the Commission. One of the first priorities pro-posed by the executive director and approved by the membersof the Professional Practices Commission was the developmentof standaeds of professional performance. During the ensuingeighteen months, the activities of the executive director andmembers of the Commission were focused on this activity.They were assisted in their efforts by several members of thestaff of both public and private institutions of higher learning,one of whom is a co-author of this Bulletin.

Membership of the council

If the Florida Professional Practices Council was to functionas representative of the teaching profession, it would be essentialthat the composition of the membership of the Council includemembers of the teaching profession. The 1963 ProfessionalTeaching Practices Act provided for the inclusion of members ofthe teaching profession. In fact, membership on the Councilwas restricted to individuals who. "shall be certified to teach inthe state or (be) a member of the faculty of an institution ofhigher learning." (2) Nominees for membership on the Councilwere submitted to the Commissioner of Education by the FloridaEducation Association, Florida Association of Junie,. Colleges.public institutions of higher learning, and by organizations rep-resenting the majority of the following groups : elementary prin-cipals, secondary principals. supervisors, superintendents, ele-mentary teachers, and secondary teachers. Each of the abovegroups would submit three nominees for each position on the

8

Council. Thus, the elementary teachers group would recommendnominees to fill the position designated for elementary teachers,the principals associations recommended principals to fill thepositions designated for principals, and so forth. From the threenominees submitted for e...h vacancy the Commissioner of Edu-vation would submit two names to the Florida Cabinet, sitting asthe State Board of Education one would then be appointed to athree year term with the provision for one reappointment for anadditional three years.

The composition of the membership of the Council, as speci-fied by the Professional Teachers Practices Act of 1963, was atotal of nineteen members distributed as follows:

1. Four elementary teachers2. Four secondary teachers3. One elementary school principal4. One secondary school principal5. One supervisor and one superintendent of schools6. One representative of the Florida Department of Educa-

tion7. One representative of a public community collegeS. One representative of the state university system9. Two representatives of the Florida Fducation Associ-

ation and two representatives of the Florida State Teach-ers Association. (Following the merger of the twoassociations into a new Florida Education Association,the act was amended to provide for four representativesfrom the new association.)

In addition to the qualifications already stated, members ofthe Council were required to be citizens of the United States andresidents of the State of Florida. Members must have practicedtheir profession in Florida for at least five years immediatelypreceeding their appointment. The membership of the Councilwas intended to be representative of the membership of theteaching profession with eight of the nineteen positions assignedto classroom teachers who had completed at least five years ofteaching in the schools. If, in addition, all four of the repre-sentatives of the Florida Education Association were to be class-room teachers, the classroom teachers would occupy twelve ofthe nineteen positions on the Council.

9

Role and function of the Council:

While the specific roles and duties of the Professional Prac-tices Council will he discussed in greater detail in Chapter 11 ofthis Bulletin, the following will provide an overview of theactivities and responsibilities of the Council.

Between 1967 and 1969, one of the major activities of theCouncil was the development of a set of standards of professionalpractice. These Standards are presented in Chapter Ill of thisBulletin. The Standards were developed over a period of abouteighteen months and represent the single most important docu-ment of the Professional Practices Council.

In addition to receiving finamfal support for a staff and itsoperations for the Council, the Council was also granted subpoenapower by the legislature. Of the nineteen commissions in theUnited States dealing with teacher practices and standards,thirteen have subpoena powersit is difficult to see how a com-mission could operate effectively without this power. Staffmembers of the Council investigate every complaint that is re-ceived. This means that the investigative staff spends a con-siderable amount of time in the field talking with those who raisea complaint as %veil as with those who have been accused of somemisconduct. It is of interest that approximately 75'; of thesecomplaints are settled by the investigative staff during thesevisits and the case proceeds no further.

The members of the Professional Practices Council are as-signed to one of two standing committees: the Standards Com-mittee or the Interpretations Committee. The Standards Com-mittee is responsible for a periodic review of the Standards ofCompetent Professional Performance (3), Changes, deletionsor additions can be recommended by this committee to the mem-bership of the Council. For example, at the time of the writingof this Bulletin, the Standards Committee is reviewing possiblechanges in the Standards to include standards dealing with para-professionals. The other standing committee is the Interpre-tations Committee. It is the responsibility of this committee toreact to questions about the intent and scope of the Standards.For example, if a question were raised as to whether or not anassistant principal was obligated to adhere to the Standards, theInterpretations Committee would review the situation and recom-mend an informal opinion to the Council.

10

In addition to the two standing committees described above,the Council elects from its members an Executive Committee,one of whom is elected as Chairman of the Council. The role ofthe Executive Committee is large and requires a great deal oftime and commitment. This committee is empowered to act forthe Council in situations where such action must be taken beforethe Council meets again. The Executive Committee membersassist in investigating complaints and each member of this com-mittee is responsible for keeping track of a certain number ofcases. When requested, they assist the chairman in tilt selectionof other members of the Council who will serve as members of ahearing panel although a member of the Executive Committee isnot allowed to be a member of the hearing panel. This is doneto avoid any possibility that prior knowledge of the case mightprejudice a member of the Council in any way. This arrange-ment also meets the requirements of law regarding the separationof function. (Chap. 120, Florida Statues, Florida AdministrativeProcedures Act.)

The major activities of the Council include: investigationand hearings on charges of incompetency in teaching; investi-gation of violations of ethical and professional standards; as-sistance to a member of the teaching profession for help inevaluating or identifying a problem in the schools affecting pro-fessional personnel ; and assistance to communities, counties, andschool boards in investigating school-related situations that can-not be handled objectively by those in the community or county.

CHAPTER II

ROLE AND FUNCTIONS OF THEPROFESSIONAL PRACTICES COUNCIL

In the previous chapter, the development and membershipof the Council was described. In this chapter, a discussion ofhow the Council operates, what it does and does not do, and howcomplaints are received by the Council will be presented. The

11

first section of this chapter will discuss in some detail the var-ious duties and responsibilities of the Council while the lastsection will describe and illustrate the various kinds of servicesperformed by the Council. Because the role of the Council hasbecome rather complex, some detailed explanation will be pre-sented in some areas for purposes of clarity.

It should be remembered that as a result of the Govern-mental Reorganization Act of 1969, the Professional PracticesCouncil is a branch of the Department of Education of the stateof Florida. This means that the Council is governed by theadministrative regulations of the Department of Education, someof which have been developed by the Council, and that the roleof the Council is to be the "investigative arm" of the Departmentof Education and a part of the executive branch of government.The finding's of the Council as a result of hearings or other formsof investigation are submitted as proposed orders to the Boardof Education which has the legal responsibility to make the finaldecision in a case involving suspension or revocation of a teach-ing certificate. It should be noted that the recommendationsof the Council have never to date been overturned by the Boardof Education which is a reflection of the confidence that theBoard holds for the work of the Council. In cases where theability to take appropriate action rests with a 'listrict schoolboard, proposed orders are directed from the Council to thedistrict board. Here again, the recommendations or proposedorders of the Council have been followed.

The Professional Practices Council receives complaints orcharges about the conduct or performance of a member of theteaching profession from a number of sources. Theoreticallyany citizen of the state of Florida may file a complaint against amember of the teaching profession, but, as will become clearerin Chapter IV, the complaint must be filed under certain pre-scribed conditions designed to protect the accused from baselessaccusations. In practice, complaints come from three majorsources: First, the Department of Education may refer a com-plaint or report to the Council for investigation ; second, theSchool Board or Superintendent of Schools may file a complaintor report directly to the Council: and third, a principal or teachermay submit a complaint, report or request to the Council. Re-gardless of the origin of the complaint, the field staff of theCouncil will make a preliminary investigation to determine the

12

specifics of the complaint and to make a recommendation as towhether or not the Council has jurisdiction or should proceedfurther with the complaint. All such staff decisions are reviewedby the Executive 1ommittee of the Council. Whenever possible,the complaint is handled at the original investigation level anda large number of complaints are resolved at this level. Onlya relatively small proportion of the complaints received proceedto a formal hearing.

If the complaint cannot be resolved at the field level or isthe type of case that must be referred for council action, a mem-ber of the Executive Committee of the Council is assigned theease and further information is collected. Finally the case maybe scheduled for a hearing where three members of the Council,excluding members of the Executive Committee, sit as a hearingpanel to determine the facts of the allegations. If the hearingdeals with a complaint of unethical, unprofessional or incompe-tent behavior, the findings and proposed orders of the hearingpanel are submitted to the entire Council for their approval be-fore they are forwarded to the district school board which orig-inally submitted the complaint. If the hearing was for purposesof revocation or suspension of a teaching certificate, the findingsand proposed orders of the hearing panel are submitted directlyto the Board of Education and are not reviewed by the Council.The specific administrative procedures for the processing of thefindings of a hearing panel have been spelled out in great detailin the rules of the Department of Education (2) and it is notwithin the scope of this Bulletin to spell out in detail each of themany steps that must be followed. It should be noted that theserules are designed to insure that the rights of the educator beingcharged are protected and that due process is followed. On theother hand, if charges against an educator are supported, theProfessional Practices Council is committed to pursuing thesecharges and, if necessary, to secure the removal of the accusedteacher or administrator from practicing the profession of teach-ing. When the reader realizes that the end result of a complaintmade against a member of the teaching profession could be therevocation of that teacher's certificate, no effort should be sparedto assure that the teacher has a full and fair hearing. For thosereaders who are interested in the steps followed in processing acomplaint, flow charts are presented. Figure 1, diagrams thesteps taken for a case inolving revocation or suspension of a

13

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teaching certificate while Figure 2 is a flow chart for cases ofunethical, unprofessional or incompetent practices by An edu-cator.

One of the powers granted to the Council by the legish tuneis the power to subpoena witnesses or evidence. In some caws,other members of the teaching profession are reluctant to appeirat a hearing when they feel that their testimony may be it,-jurious to one of their associates. There have been times whencertain records are needed for a case and those who are respon-sible for these records are unwilling or reluctant to make theserecords public. While the power of subpoena can be abused, itis an essential and necessary power that every ProfessionalPractices Council must have if it is to do an adequate job.

Once the hearing on the case has been completed, the Pro-fessional Practices Council makes one o' four recommendationsto the State Board of Education. The first recommendation foraction could be "no action." That is. as a result of the hearing,the Council does not believe that sufficient evidence was intro-duced to warrant any action. The Commissioner of Educationcould dismiss this complaint if he concurred. A second recom-mendation would be a warning or reprimand. In some cases,while there is some evidence to support the charges filed, theremay be extenuating circumstances or only the barest of evidencebrought forth. In this case, the Council may choose to recom-mend that the educator be warned or reprimanded by the Com-missioner. In such an action, the educator is usually informedby the Council that repetition of simi;ar behavior could result inmore severe action.

The two recommendations that most significantly affect themembers of the teaching profession are "suspension" and "revo-cation". These actions are recommended by the Council onlywhen there is substantial and competent evidence to support thecharges filed against a member of the teaching profession. Theterms "substantial" and "competent" refer to legal definitions ofevidence. Evidence for revocation or suspension must be bothtrue, important, and of value as well as be presented by a com-petent, knowledgeable individual. Whether the recommendationis suspension or revocation depends on the type of charge andthe severity of the charge. A recommendation for suspension isfor a specific length of time. For example, the Council may

16

recommend the suspension of a teaching certificate for a periodup to three years. Revocation is the most severe action that canbe taken against a member of the teaching profession. Revo-cation of a teaching certificate is for any period up to ten yearsand ittay result in a permanent loss of the teaching certificate.

The remainder of this chapter will be devoted to a dissuasionof the various type of services and hearings conducted by theProfessional Practices Council. it should be noted that not allcases are handled in exactly the same way and the type of casedetermines what specific procedures will be followed.

Probable Cause Determination:

If, after the initial field investigation has failed to resolvethe complaint or the Executive Committee desires additionaldependable information, a Probable Cause Hearing may beordered by the Executive Committee. This t3,pe of hearing is

a formal investigation into a report or complaint wherethe hearing committee must examine witnesses and sometimesdocuments to determine if there is more reason to believe furtheraction is warranted than there is reason to believe the mattershould be dropped" ( I 1. In cases where revocation or suspen-sion of a teaching certificate could be ordered, a determinationof probable cause is a legal requirement, and at the discretionof the executive committee, a probable cause or investigativehearing may be ordered.

The Probable Cause Hearing is similar to a grand jury in-vestigation and is not a court trial. The intent of the ProbableCause Hearing is to determine if there is evidence that couldsupport the charges made against a member of the teachingprofession. If probable cause is found, the member of the teach-ing profession is eligible for an Adversary Hearing which willbe discussed in the next section. In the Probable Cause Hearing,three members of the Professional Practices Council sit as thehearing panel. They are assisted by an attorney who advises thehearing panel on points of law. The task of the hearing panelis to ask questions of witnesses to determine if there is enoughevidence to warrant an Adversary Hearing. An example mayclarify the role of the Probable Cause Hearing.

Let us assume that Mrs. Jones, a third grade teacher, hasbeen accused of physically beating one of her students. The

17

mother of the student has gout' to the school piueipal and hasaccused the teacher of beating the child. The principal makesan initial investigation and feels that there may he cvidencelosupport the charges of the mother. The teacher denies thecharges. The Professional Practices Counil is asked to investi-gate the charges and the field investigator makes a preliminaryvisit and interviews the accused teacher, the principal, otherteachers in the building, the mother, and other individuals whomay be able to c,,ntribute to the resolution of the charges. A

hearing panel appointed anti they set :e date ftr a hearing.The individuals interviewed by the field investigator are issuedsuhenae to appear on the scheduled date of the hearing. Oncethe hearing is convened, each member of the hearing panel willinterview the witnesses to determine if there is evidence to sup-pot the charges. A hearing panel member may ask one of theteachers in the building whose room odjoins that of the accusedteacher if she heard anything of an unusual nature on the dateanti time of the alleged beating. The panel may interview thefamily physician to get a report of any bruises or marks on thechild. Once all of the witnesses have been called, the hearing isconcluded. The members of the panel must then make a reportto the Executive Committee with a recommendation of probablecause or no probable cause. If there is a recommendation of noprobable cause, the matter is dropped there although the mothermay seek relief in the civil or criminal courts if she so desires.If probable cause is found, the accused is notified and a date isset for an Adversary Hearing. It should be pointed out that aProbable Cause Hearing is an accusatory procedure and is not aregular trial where there are lawyers representing the accusedand the accuser. In a Probable Cause Hearing, the accused ortheir attorney are not allowed cross examination of any of thewitnesses. The accused or their attorney are not legally entitledto make any statement before the hearing panel although inpractice such a statement may he allowed at the end of the exam-inatIon of all of the witnesses. Since this hearing is to determineif evidence exists to support the charges, the accused does nothave to offer any defense. The offering of a defense and com-plete due process is provided in an Adversary hearing. If theissue is conduct that may result in the suspension or revocationof a teaching certificate, any probable cause finding must beconfirmed by the Commissioner of Education.

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Adversary Hearing:An adversary hearing is for all intents and purposes a

formal trial where attorneys are present for the accused and theaccuser. The Adversary !tearing follows a recommendation ofprobable cause from a Probable Cause Hearing. Many of thewitnesses interviewed in the Probable Cause Hearing will becalled as witnesses for the Adversary Hearing. The HearingPanel is composed of three members of the Council, but not thesame three members that sat on the Probable Cause HearingPane and the law officer who advises the Hearing Panel onpoints of law such as objections to testimony or the admission ofcertain types of evidence. Unlike the role played by the membersof the Learing Panel for a Probable Cause Hearing, the hearingpanel for an Adversary Hearing acts as a judge, or judicial tri-bunal and hears evidence elicited by questions from an attorneyrather than asking questions themselves. The duty of the Hear-ing Panel is to determine the truth based on the testimony andevidence presented and to afford both sides complete fairnessbefore an impartial panel. After the hearing is concluded, thehearing panel makes a recommendation to the ProfessionalPractices Council. the district school board, or the State Boardthrough the Commissioner of Education if the issue is one thatthe State Board should consider.

As an illustration of the Adversary Hearing, let us assumethat the Probable Cause example in the previous section came toan Adversary Hearing. The Superintendent or the principalwould probably be the accuser or the prosecution while theteacher would be the accused or the defendant. Roth the prose-cution and the defense would be represented by attorneys. Unlikethe procedure in the Probable Cause Hearing, each witness canand will he subject to cross examination of their testimony. Ina typical case, both sides will have witnesses. The prosecutionbegins the hearing and produces witnesses who provide evidencethat would support the charges that the teacher beat the child inviolation of law or regulations of the Council, school board orState Board. The defense attorney has an opportunity to crossexamine each of these witnesses to refute the charges. Duringthis process, the Hearing Panel serves as a judge listening to theevidence. A court reporter also makes a complete transcript ofthe hearing for the record as required by law. Only in rarecases will a member of the Hearing Panel ask a question of the

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witness. To do so might show prejudice for one side or theother qnd could adversely affect the results of the hearing.

Two major types of cases are handled in an AdversaryHearing. The first type of case would be a charge of incompe-tency agaie4t a teacher or administrator. This charge is typical-ly brought by the school administration. In this type of case,the accused follows the procedures of the Adversary Hearing butdoes not have to actually prove competency in teaching. It isthe duty of the prosecution to prove with a preponderance ofevidence that the teacher is incompetent. The second type ofhearing is where charges of unprofessional or unethical conductare brought against a member of the teaching profession. Theexample of the teacher accused of beating one of her studentswould be an example of unprofessional conduct.

Field Assistance:

A third type of service performed by the ProfessionalPractices Council is not a type of hearing but is more like anadvisory or consulting service to members of the teaching pro-fession. Let us suppose that a principal who was originally silanguage arts teacher has a teacher in his building who teachesgeneral science and biology. The principal has some reason tosuspect that the teaching performance of this teacher is in-adequate but he does not feel he has the academic backgroundin science and biology to make an adequate appraisal of theteacher's strengths and weaknesses. The principal may be con-sidering the formal filing of charges of incompetency or, as hasbeen the case most often, the principal is seeking assistance inworking with the teacher to improve his classroom performance.The principal works in a county which does not have the re-sources available such as curriculum specialists who can providethis assistance. It is important to remember that the principalhas brought no charges against the teacher at this time norhave charges been brought by anyone else. The ProfessionalPractices Council is contacted by the principal for assistance.He also notifies the teacher of his action and the reasons for therequest to the Council. The Professional Practices Council willcontact the Science Teachers section of the state teachers organi-zation and request that this group submit the names of twoteachers of science and biology to the Council. These two teach-ers will then be asked to visit the teacher in question and to

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observe the teacher in the classroom. The two observing teach-ers will visit at different times and will not communicate witheach other about this case. The observing teacher may spendfrom one to three days with the teacher in question. The observ-ing teachers each write an independent report of their observu-tions. This report includes a description of the teaching pro-cedures used, the instructional strengths and weaknesses of theteacher, and specific suggestions concerning action that could betaken to correct any observed deficiencies. These reports aretypically very detailed including, in some cases, sample lessonplans and suggestions for visual demonstrations, etc. The crit-ical part of the report is the section in which the suggestions forimprovement are made. A copy of these reports are forwardedto both the teacher and the principal. The Professional Prac-tice's Council sees this field assistance activity as an importantcontribution to the teaching profession in that this service mayprevent charges being filed and result in successful rehabilitation.There is little doubt that a large number of teachers are capableof improving their instructional activities and this type of as-sistance may save a potentially good teacher from future chargesand embarrassment.

Quasi-Judicial Hearings:

There is one additional service that is offered by the Pro-fessional Practices Council which is typically a combination ofan Adversary Hearing and Field Assistance. Let us assume thata small rural county has a curriculum specialist who is accusedof trying to contradict the policies set forth by the Superin-tendent of Schools. This individual has been in the county fortwenty years and at one time was a high school teacher, Every-one in the county knows the curriculum specialist and manywere taught by this individual. The curriculum specialist has alot of friends in the county and a few enemies, The Superin-tendent wishes to bring charges of insubordination against thecurriculum specialist and asks the school board to warn andreprimand the curriculum specialist for his actions and to stopsuch activities or formal charges will be filed with the Profes-sional Practices Council. While no formal charges have beenfiled and it is still a county matter, the teachers, school board andthe citizens of the county are divided on the issue. Two groupsform and it becomes clear that there is no group in the county

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that is able to render an impartial decision on the facts of thecase. The Professional Practices Council is asked to hold anAdversary Hearing but the findings of this hearing and recom-mended action are submitted to the district school board. Therole in this case is acting as an impartial group from outside thecounty to determine the facts of the case which cannot be doneimpartially by citizens of the county. Although this service isnot requested eery often, when it is requested it becomes a veryinteresting and exciting situation for the members of the Hear-ing Panel who must take great pains not to talk with citizens ofthe county prior to the hearing. Typically the situation hasreceived considerable publicity and the atmosphere of the hear-ing is charged with emotion. This seldom requestcd service insome ways is one of the most important services that the Pro-fessional Practices Council can offer to the members of theteavhing profession.

411APTER IllSTANDARDS OF COMPETENT PROFESSIONAL

PER FOR.M ANCE

Background and Development:

In passing the Professional Teaching Practices Act of1968, the Florida legislature charged the Professional PracticesCommission with "setting standards and codes of professionalpractice and ethics." (2) Despite this mandate from the Floridalegislature, it was not until 1969. some five years later, that theStandards of Competent Professional Performance became areality and were appnwved by the Florida Department of Edu-cation. During that live year period, a number of activities tookplace which not only set the direction for the Standards butshaped the role that the Professional Practices Commissionwoo'd play. Before reviewing the Standards in some detail, afew of these activities need to be examined as they determinedhow the standards were developed and how they were to beused in the State of Florida.

Between 1963 and 1967, the Professional Practices Commis-sion was financed by the Florida Education Association. Themajor activity of the Commission during that time was todevelop rules to guide the operation of the Commission and anexamination of the structure and operations of groups in other

states which dealt with professional practices of the teachingprofession. In 1968. the Florida legislature provided the firstbudget for the Commission which allowed the Commission tohire a staff. The staff, with approval from the Council, set asits first priority the development of "behaviorally stated stan-dards for distinguishing between competent and incompetentprofessional behavior." In May, 1968 the Commission invitedthe deans of all of the teacher preparation units of the public andprivate institutions of higher education in the State of Floridato join with classroom teachers, school administrators and Flor-ida Department of Education personnel to meet with the staff ofthe Professional Practices Commission and to assist in develop-ing "behavioral standards of performance."

Although the size of this group was too large to allow formuch actual work to be done, it was a significant meeting. Sucha meeting reflected the commitment by the staff and the Profes-sional Practices Commission that all levels of professional educa-tion must be involved in the development of standards for theteaching profession. This commitment remains to this day andhas been one of the factors that has contributed to the successof the Commission. This meeting also provided an opportunityfor an open exchange of ideas and expertise dealing with theevaluation of teaching. behaviors. The group which eventuallydeveloped the Standards came from this original meeting andafter approximately twelve months of additional meetings andpublic hearings. the Standards of Competent Professional Per-formance were adopted by the Commission and presented to theBoard of Education for its approval. (3).

Major Features of the Standards:

As the committee to develop the Standards met, a commonset of beliefs and values were developed which dictated the de-velopment and format of the Standards. While these beliefs andvalues are not always specifically stated in the standards, theyare reflected in all of the standards and comprise an importantoutcome of the meeting by the committee.

First, there was agreement that the Standards should reflectminimally acceptable levels of performance rather than optimalor desirable levels of performance. In the initial statement ofthe Standards, ('hap' ?r 6B-5, this belief is stated as follows."The standards listed in this chapter are held to be the generally

accepted minimal standards of the education profession of Flor-ida f t

Second, it became clear early in the discussion that the focusshould be on "incompetency" rather than "competency". Thiswas more than a semantic difference and agreement on this issuecleared the way for the development of a set of Standards whichallowed only for judgments of clearly incompetent teaching be-havior rather than judgments about the degree of competencyof an educator.

Third, the staff of the Professional Practices Commissionhad already developed the model for having a number of profes-sional reviewers to be used in the determination of charges of"incompetency". This meant to the committee that since thesereviewers were selected from teachers in the State of Florida whohad already demonstrated their competency as a teacher that theStandards should not be so restrictive as to inhibit or limit thereviewers from making "professional judgments" about theteaching behavior of another educator. As a result, the idea ofdeveloping strict behaviorally stated standards was discardedand the Standards were seen as a set of guidelines for the re-viewers to use in their observations. While it was hoped thatthe language of each of the Standards would be sufficiently clearand precise so that specific behaviors could be recorded, it wasalso felt that the task of the reviewers should include the makingof judgments about teaching behaviors observed which couldthen be related to the more general statements in the Standards.

Fourth, since the Standards covered a number of differentareas. nine in the final draft of the Standards, the committee feltthat it was important to indicate as clearly as possible that noteacher should be expected to be equally competent in all nineareas. Stated in another way, the committee believed that noteacher should be judged as incompetent if they were only defi-cient in one or two of the areas included in the Standards. Thisbelief is reflected in the General section of Chapter 613-5 andstates, "No finding of professional incompetence shall be madeexcept where a preponderance of evidence exists of such in-competency."

Fifth, since the Standards were designed to be used for allmembers of the teaching profession, both teachers and adminis-trators must be included. In the final draft of the Standards, itwas convenient to use the terms "educator," "teacher" and "ad-ministrator." The term "educator" was used to include Stand-

94

ards which all members of the teaching profession, adminis-trators and teachers, would be expected to follow. The term"teacher" was used to designate those aspects of the Standardswhich applied specifically to the classroom teacher but did notapply specifically to a member of the administrative staff, Thefinal term "administrator" was used for those parts of thestandards which were most relevant to the professional behaviorsof the administrative staff. As the reader reviews each of theStandards. they will note the use of these three designatins.

Sixth, the committee believed that although not all possibleteaching behaviors could be included in any one set of Standards,this set of Standards should include the major areas included inteacher behaviors. As you will notice in reading the Standards,the areas included range from rather specific administrativeduties to standards dealing with the physical and mental healthof the educator.

The Standards:

The following are taken from Chapter 6E-5 of the Rules ofthe Professional Practices Council.

6B-5.01 General, The standards listed in this chapter areheld to be the generally accepted minimal standards of the edu-cation profession in Florida and are therefore declared to bethe basis for reviewing the performance of professional educa-tors under the provisions of Section 231.57, Florida Statutes, andthe governmental Reorganization Act of 1969. It is the intentof the Professional Practices Council that the standards setforth herein shall apply to those who teach in classrooms andthose who supervise and provide administrative services to thosewho teach in classrooms. Professional reviewers appointed bythe council shall review professional performance, and formopinions of the quality of professional service rendered. Thereviewers shall relate such opinions by sworn testimony beforethe Council in any hearing where professional competency is inissue, provided that reviewers shall qualify as expert witnessesbefore the Council. Testimony shall be based on the standardsincluded herein. No findings of professional incompetency shallbe made except where a preponderance of evidence exists of suchincompetency.

6B-5.02 Definitions. As used herein the following wordsand terms have the meaning:

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(1) Adioistrafire--liertaining to the execution, applica-tion or management of persons or things.

(2) A railableThat which can be used or obtained.(3) Com mll nicat ion SkillsThe capacity, ability, or art of

giving. or giving and revel% ing, through any of the senses, in-formation, ideas, and attitudes.

(.1) rvolyetc,tt----The ability or fitness to discharge the re-quired duties as set forth in this chapter.

(5) Designated TaskThe duty or assignment for whichresponsible at any given time.

(6) DiagmasimIdentitication of needs, strengths andweaknesses through examination, observation and analysis.

(7) EducatorAny person engaged in the instructionalprogram including those engaged in teaching, administering, andsupervising and who are required to be certified.

(8) EffeefircProducing a definite or desired result.(9) ManagementControlling, supervising and guiding

the efforts of others.(10 Po/icyAuthorized expressions of public intent reflect-

ing the general principles guiding the efforts of the school sys-tem toward approved goals.

(11) Preponderance of EvidenceA superiority of weight.(12) Reasonah/cJust: proper. Ordinary or usual. Fit

and appropriate to the end in view.(13) TeacherOne who teaches or instructs.611-5.03 Administrative and Supervisory RequirementsCompetent educators must possess the abilities and skills

necessary to the designated task. Therefore,(1) Each educator shall:

(a) keep records for which responsible in accord withlaw and accepted practices of school system.

(b) supervise others in accordance with law and ac-cepted practices of school system,

(c) recognize the role and function of communityagencies and- groups as they relate to the school.

(2) Each teacher shall :(a) utilize available instructional materials and equip-

ment necessary to accomplish the designated task,(b) adhere to and enforce administrative policy of the

school, and

2(i

(3) Each administrator shall :(a) use available instructional personnel, materials

and equipment necessary to accomplish the desig-nated task,

(b) adhere to and enforce school law, state boardregulation, and school board policy,

(c) use suitable channels of communication wheninteracting with teachers, community agenciesand groups.

6B-5.0-1 Analysis of Individual Needs and Individual Poten-tial.

The competent educator shall utilize or promote theutilization of acceptable techniques to analyze the needs andpotential of individuals.

6B-5.05 Instructional Procedures.Each competent educatorshall seek accomplishment of the designated task through selec-tion and utilization of appropriate instructional procedures.Therefore.

(1) Each educator shall :(a) create an atmosphere which fosters interest and

enthusiasm for learning and teaching,(b) use procedures appropriate to accomplish the

designated task,(c) encourage expressions of ideas, opinions and feel-

ings;(2) Each teacher shall :

(a) create interest through the use of materials andtechniques appropriate to the varying abilitiesand backgrounds of students,

(b) utilize individual student interests and abilitieswhen planning and implementing instruction, and

(3) Each administrator shall :(a) support the creation of interest by providing the

materials, equipment and encouragement neces-sary for the teacher to accomplish the designatedtask,

(b) make assignment of tasks and duties in light ofindividual abilities and specialities.

6B-5.06 Communication SkillsIn communicating with students and other educators,

each competent educator, within the limits prescribed by his as-signment and role, shall :

(1) Utilize information and materials that are relevant tothe designated task.

(2) Use language and terminology which are relevant tothe designated task.

(3) Use language which reflects an understanding of theability of the individual or group,

(4) Assure that the task is understood,(5) Use feedback techniques which are relevant to the

designated task,(6) Extract major ideas or themes from the statement of

others, and(7) Encourage each individual to state his ideas clearly.68-5.07 Management Techniques

In exercising management techniques, the competenteducator shall:

(1) Resolve discipline problems in accordance with law,state board regulations, school board policy, adminis-trative regulations and accepted school policies.

(2) Maintain consistency in the application of policy andpractice.

(3) Use management techniques which are appropriate tothe particular setting such as group work, seat work,lecture, discussion, individual projects and others, and

(4) Develop and maintain standards of conduct.6R-5.0g 'ompetence in Specialization

Each competent educator shall possess knowledge,within his area of specialization, to a degree consistent with hisrecord of professional preparation and shall be able to showevidence of having an awareness of current developments in hisfield.

611-5.09 Evaluation of Learning and Goal Achievement.A competent educator accepts responsibility commen-

surate with delegated authority to evaluate learning and goalachievement, and the competent educator shall :

(1) Utilize several types of evaluative techniques,(2) Provide frequent and prompt feedback concerning the

success of learning and goal achievement efforts;(3) Analyze and interpret effectively the results of eval-

28

uation for judging instruction, the achievement ofstated goals, or the need for further diagnosis.

(4) Utilize the results of evaluation for planning, counsel-ing and program modification, and

(5) Explain methods and procedures of evaluation to thoseconcerned.

6B-5.10 Human and Interpersonal Relationships.Competent educators are held to possess effective

human and interpersonal relations skills and therefore:(1) Shall encourage others to hold and express differing

opinions or ideas,(2) Shall not knowingly misinterpret the statement of

others,(3) Shall not show disrespect for or lack of acceptance of

others,(4) Shall provide leadership and direction for others by

appropriate example.(5) Shall offer constructive criticism when necessary,(6) Shall comply with reasonable requests and orders

given by and with proper authority,(7) Shall not assign unreasonable tasks, and(8) Shall demonstrate self-confidence and self-sufficiency

in exercising authority.6B-5.11 Personal Requirements.

In assessing the mental and physical health of educa-tors, no decision adverse to the educator shall be made except onthe advice or testimony of personnel competent to make suchjudgment by reason of training, licensure and experience. How-ever, certain behaviors are held to be probable cause to examine,and each competent educator within the scope of delegated auth-ority shall :

(1) Be able to engage in physical activity appropriate tothe designated task except for temporary disability,

(2) Be able to communicate so effectively as to accomplishthe designated task.

(3) Appropriately control his emotions,(4) Possess and demonstrate sufficient intellectual ability

to perform designated tasks.

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CHAPTER IVCASE PREPARATION

The first three chapters of this Bulletin have focused on thedevelopment of the Professional Practices Council, a descriptionof the major functions performed by the Council and the Stan-dards of Competent Professional Performance. In this chapter,the specific steps and procedures for the development of a casewill be presented. Before examining the details of case prep-aration, a few general comments are needed.

When a teacher is first informed that she is about to havecharges of incompetency or unethical practice filed against herby the school administration, the first reaction may be one ofpanic. The teacher should remember that the rules of the Pro-fessional Practice Council have been developed to provide dueprocess and protection to both the complainant and the respon-dent. These rules are derived from Constitutional mandates andadministrative procedures and must be adhered to by both sides.The first thing for the teacher to do is to retain an attorney whowill represent her during the preliminary procedures that pre-cede a formal hearing. The teacher should seek advice from theattorney about what to say or not to say and how to respond toquestions from others. The following is a brief summary of thesteps required in the preparation of a case. These steps followtraditional legal procedures and should be familiar to the at-torney.

The first step in the development of a case is the filing of aformal complaint by the accuser or complainant. This is not ageneral criticism but must contain specific charges filed by oneor more individuals who must sign their name or names to thecomplaint. In some instances, the Council has received "JohnDoe" complaints from individuals who do not want to be identi-fied. The Council informs the complainant that the Councilcannot proceed on the complaint until and unless the complainantis willing to file formal charges and sign his or her name to thecomplaint. In many cases the complaint stops at this point. Ifa teacher or a citizen wishes to file a complain' ey should alsoretain an attorney as soon as possible who will assist in thedevelopment of the complaint and see that all legal proceduresare followed.

Once a formal complaint has been received by the Profes-

30

sional Practices Council, the accused or respondent is notified byregistered mail about the general nature of the complaint and thespecific charges. The respondent has twenty days to reply to thecomplaint. The respondent may agree to the charges in whichcase the Council and school board typically takes whatever actionis appropriate and the case is closed. The respondent may denythe charges and request a hearing. At a later date, the com-plainant and the respondent will be notified by registered mailof the date, time and place scheduled for the hearing. Betweenthe receipt of the notice of complaint and the scheduled hearing,a great deal of work is done in the preparation of the case, inter-viewing witnesses and discussing the case with the opposingattorney. These procedures are legal procedures and should bedone only by the attorneys representing the two sides of theissue. The procedures are complex and often time consumingand those involved must put their trust in their respective at-torneys.

When the time comes for the hearing of the case, it will bean Adversary Hearing procedure. The complainant should beready to support the charges with documentation. For example,the teachers daily record book may be used to indicate how theteacher kept attendance and how she recorded the results oftests given to the pupils. Lesson plans, classroom materials usedin a lesson and notes kept by the teacher n,ay all provide an in-sight into the teaching procedures of the teacher. Records ofvisits to the classroom by the principal or instructional super-visor should be available. Any conferences or communicationsby the principal or other administrators with the teacher shouldbe recorded and documented. In brief, the essence of any welldeveloped case is documented proof submitted by the complain-ant. General comments such as, "She's the worst teacher I'vehad ir ten years" is likely to be received by the attorn*, for theteacher with a request for specific infortriation upon which thatstatement was made. Failure to produce this evidence weakensthe position of those who filed the complaint.

The teacher who is the respondent must also have a wellprepared case. She should be able to offer evidence of hercompetency and ability as a teacher although she is not requiredto prove het competency but only to defend herself againstcharges of incompetency. Since her attorney is required by law

31

to know what the complainant plans to present in evidence tosupport the charges, the attorney for the teacher prepares a caseto refute this evidence and needs the help of the one he repre-sents.

There are two major types of cases that go to a hearing, (1)cases where there is a charge of incompetency and, (2) Lasesrelating to charges of unethical and unprofessional conduct.The procedures of the Professional Practices Council are bestdeveloped for those cases involving chiirges of incompetency.In cases where a member of the teaching profession has beencharged with unethical or unprofessional behavior, the hearingon the merits of these cases is very similar to any trial held ina civil or criminal court. In the case of hearings of charges ofincompetency, special procedures have been developed. Thetwo major types of procedures for incompetency hearings are theuse of the NEAT procedures and the use of professional review-ers.

NEAT Procedures:

The NEAT procedures have been developed by the Profes-sional Practices Council as guidelines for the preparation of acase which also assures the teacher of due process and a fairhearing. Briefly, the NEAT procedures include: Notice thatdeficiencies exist which if not corrected could lead to dismissal;Explanation of the nature of the deficiencies to the individualconcerned Assistance rendered to the teacher to correct thedeficiencies listed ; and Time to allow for the correction of thedeficiencies.

The complainant must be able to document that he has in-formed the accused of the existence of certain deficiencies. Thecomplainant may have spoken to the teacher or arranged a num-ber of conferences with the teacher to discuss the deficiencies.The complainant usually follows up these meetings with aregistered letter to the accused in which the deficiencies arestated. The nature of the deficiencies must be specific. State-ments that. "You have poor classroom control" is not specificenough in and of itself. The complainant must eument to theaccused specifically what events occurred in the classroom whichcaused the complainant to make the statement about lack ofclassroom control. The accused must be given a detailed ex-

32

planation of the deficiencies seen and documentation of specificinstances of these deficiencies.

One of the most critical aspects of the NEAT procedures isthe providing of assistance to correct the deficiencies. In manycases, the complainant has not been able to show that he didprovide reasonable assistance to the accused. It should bepointed out here that the amount of assistance provided will varyfrom rural counties to urban counties depending on the resourcesavailable. One way that a county with limited resources can pro-vide such assistance is by requesting Field Assistance from theProfessional Practices Council. This function was discussed inChapter II of this Bulletin. The critical factor in a hearing is todecide whether or not the complainant provided reasonable as-sistance within the limitations of the resources of the schoolsystem. Finally, the complainant must be able to document that"reasonable" time was allowed for the correction of the defi-ciencies. There is not an adequate measure of the amount oftime required to correct deficiencies. The question to be askedis was the time allowed reasonable for the correction of the defi-ciency. if a teacher has deficiencies in keeping records of at-tendance in her record book, a reasonable time for correction ofthis deficiency may be a few days or a week. If the teacher hasa deficiency in developin: and organizing enrichment activities,a reasonable time may be six months or a year. The hearingpanel must make a judgment about how reasonable was the as-sistance offered and the time allowed for the correction of thedeficiencies. In incompetency hearings, regardless of the re-sources available to the school system, the Professional PracticesCouncil assigns three professional reviewers to observe the ac-cused teacher and to make independent reports of their observa-tions.

Professional Reviewers:

The reader may recall that in Chapter I of this Bulletin,the original bill submitted to the legislature was the "expert wit-ness" act. While this bill did not pass, the concept of the expertwitness became an important part of the procedures of theCouncil. The professional reviewers, at the hearing, act as ex-pert witnesses and are allowed to make "professional judgments"about the competency or incompetency of another member of the

33

teaching profession. Once a complaint has been filed, the Pro-fessional Practices Council appoints three professional reviewersto the case. Their task is to use the Standards of CompetentProfessional Performance (Chapter III) as guidelines for theirobservation of the accused teacher. Typically, each reviewerwill spend two or three days in visiting the school and the class-room. Each reviewer visits the teacher at a different time andmay not communicate with the other reviewers. Each reviewerwrites a report of the observations which are made available tothe attorneys for both sides.

The selection of the professional reviewers is a critical taskof the Professional Practices Council. Until recently, the Councilcontacted the discipline areas of the local teachers associationfr names of outstanding teachers. For example. if the accusedteacher taught third grade, the reviewers would be selected bythe Elementary Teachers group and three third grade teacherswould be assigned as reviewers. Recently the Council has beenable to train a pool of professional reviewers who represent alldisciplines and these trained reviewers are now contacted whenneeded for cases on incompetency. The intent of the Council inselecting reviewers was to "match" the reviewer as closely aspossible to the char' teristics of the accused teacher. If theaccused teacher taught third grade, was a black female, then atleast two of the three reviewers would be black, female, thirdgrade teachers if at all possible. Since the reviewers will eventu-ally serve as expert witnesses at a hearing, their background andexperience should be of such a nature as to qualify them as ex-perts in the case in question.

During the adversary hearing, the three professional re-viewers will be called on by the chairman of the hearing panel totestify. Because the reviewers have been assigned to the caseby the Professional Practice Council, they serve as "specialmasters to the Council" which means that they are acting for theCouncil and will testify as to what they observed. The typicalfinal question asked each of the reviewers by the chairman is,"In your professional judgment, do you believe that this teacheris incompetent?" On the basis of evidence collected and theirqualifications as expert witnesses, the professional reviewersmay make such a judgment statement which may be consideredas evidence in the hearing. These reviewers may be cross-examined by both attorneys.

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Other Types of Cases:

This chapter has focused primarily on hearings of chargesof incompetences. Other eases may focus upon unethical prac-tices of a member of the teaching profession such as a violationof contract, insubordination, etc., which are unprofessionalactivities but are not subject to civil or criminal action. Thereare times when a member of the teaching profession is con-victed of breaking some law, which is grounds for revocation orsuspension of the teaching certificate. Driving while intoxicated,possession or use of drugs, shoplifting, and prostitution are ex-amples of such offenses where being found guilty of the chargesis grounds for revocation or suspension. The Florida Depart-ment of Education has used the Professional Practices Councilas an investigative agency to investigate such charges, to holdhearings and to make a recommerdation for action by the Boardof Education. The Council does not normally become involved inthese cases until all civil and criminal legal processes have beenexhausted. For example, the Council has several cases whichare being stayed until appeals to higher courts have been com-pleted before action is taken. The member of the teaching pro.fession is entitled to an Adversary Hearing in such instanceseven though they have been found guilty by a civil or criminalcourt. In practice, few if 110 teachers request this hearing, butthey are entitled to such a hearing if they wish.

Examples of Cases

It may be of some interest to the reader to learn of thevariety of cases handled by the Professional Practices Council.The case load of the Council has grown from a total of fourteenin 1968 to three hundred and ninety-three in 1973. The readershould realize that the cases handled in 1973 represent aboutfour teachers out of a thousand and therefore, only a verysmall percentage of the total number of teachers in the state ofFlorida. The following represent a sample of the cases thathave been referred to the Professional Practices Council. Insome instances, the case may have had some amusing aspects butthe charges are anything but amusing.

Teachers have been charged with mishandling funds suchas receipts from an athletic or music activity. There have beena number of teachers who have been convicted of possession of

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drugs. Teachers have charged their principal with unethicalconduct in assigning the teacher to teach out of field. A prin-cipal charged the superintendent of schools with unprofessionalconduct. Teachers have been charged with forging the name ofa physician to a medical certificate. An administrator wascharged with accepting multiple contracts from different ORAsystems without being released from any of them. A teacherwho refereed an athletic event was charged with unethical be-havior by a mother of a child on the team that lost the game.Teachers and principals have been charged with shoplifting, im-moral acts, and littering. A school system was charged withrefusing to deduct social security contributions from the teach-ers pay checks. A teacher charged her school system with de-moting her to a less responsible position. Teachers have beencharged with seducing students and molesting children. Theseare but examples of the types of cases that the Council is askedto handle each year. In addition to the examples listed, theCouncil receives cases of incompetency and unprofessional con-duct w hilt. in the classroom or school. The majority of casesinvolve teachers rather than administrators. This is to be ex-pected since there are many more teachers than administratorsin the public schools. The examples given were selected to reflectthe range of charges that any Professional Practices Councilcan expect to receive. The cases were also selected to reflect theinclusion of all levels in the teaching profession for teacherthrough superintendent. The Council has even received a com-plaint against a member of the School Board which is not withinthe present jurisdiction of the Council.

As long as all of the members of the teaching profession andthe public are willing to make complaints when there appears tobe some possible misbehavior, the future of the teaching profes-sion is in good hands. There is little likelihood that this pro-cedure will ever become a "witch hunt" by one particular group.It does reflect both an interest in and a feeling of responsibilityfor the activities of the members of the teaching profession.While documentation is difficult, the authors are convinced thatthe presence of the Professional Practices Council in Florida hassignificantly decreased the number of cases of arbitrary or politi-cally motivated action against a teacher. The classroom teach-ers are also beginning to realize that the members of the ad-ministrative staff are responsible for their actions and that an

3 6

administrator is just as likely to be charged with unprofessionalconduct as is a teacher.

CHAPTER VFUTURE DIRECTIONS OF THE

PROFESSIONAL PRACTICES COUNCIL

In the preceding chapters the background and presentfunctions of the Professional Practices Council have been dis-cussed. The authors would like to conclude this Bulletin with abrief statement about what the future of the Council may be. Itseems clear that the Council has developed considerable expertiseand experience in the processing of complaints and charges ofpublic school teachers. The Council is in the process of consider-ing what if any role the Council should have in the developmentof standards of conduct and procedures for dealing with com-plaints filed against inst; paraprofessiorals. As thenumber of paraprofessionals in our schools increases, the poten-tial role of the Council in riesling with this group becomes morecritical. It may well be that the Council membership will haveto be modified in the future to include representatives from theinstructional paraprofessional group.

Recent difficulties that have developed in both universitiesand junior-community colleges have set in motion anotherpotential responsibility of the Professional Practices Council.Should the Council apply its experience and expertise to theseinstitutions of high learning? One of the questions which mustbe raised is whether or not the duties and responsibilities ofprofessors in institutions of higher learning are similar to thoseof the public school teacher. If the answer is yes, then the basicphilosophy of the Council could be extended to institutions ofhigher learning. If the answer is no, then the Council mustconsider whether or not it chooses to develop a parallel group todeal with problems which develop in institutions of higher learn-ing. It should be remembered that unlike the public schoolteacher. the professor does not have to be certified by the state inan institution of higher learning. The question of expansion toboth the instructional paraprofessionals and professors is atopic of some discussion and study by the Council. While onlythe future will reveal what the decision will be in these instances,groups developing councils similar to the Professional Practices

37

Council might take notice of the potential issues that they maywell be asked to resolve as they plan the functions of their group.

Even it the Council chooses not to expand into the areasjust discussed, the tremendous increase in case load has broughtpressures and changes to bear on the Council. In the "good olddays" the members of the Council could deal rather directly andpersonally with the eases brought before the Council. As thecase load increased it has been necessary to institute proceduressuch as the use of field investigators to deal with the case load.The procedures have necessarily become more formal and regret-fully impersonal. How big is big enough is a critical questionfor the Council. The success of the Council has been its personaldedication and commitment to dealing with each ease on an in-dividual basis. While this approach will probably never be lost,as the operation of the cgnmcil becomes more formalized themembers of the Council become separated more and more fromthe day to day proceedings of the Council. Any group thatdevelops a council must be aware of the consequences of successand the accompanying growth of their group. On the one hand,the Council could become just another bureaucratic agency thatprocesses complaints through a series of administrative stepsand the personal contact b,-ith the teachers they represent couldbecome less and less. On tne other hand, the Council could bedivided into sub groups, with one sub group representing theelementary teachers ,another the secondary teachers, a third theadministrators and so forth. The basic unity of the Council asa representative of the entire teaching profession might well belost in such a move.

The Professional Practices Council was developed by mem-bers of the teaching profession to represent the teaching profes-sion in a disciplinary activity. The review of the growth in caseload of the Council and an analysis of the many functions per-formed by the Council is a reflection of its commitment to theteaching profession of Florida. Yet the Council does not haveany large scale and direct information from the teaching profes-sion about how the teachers view the Council. Do they see theCouncil as an arm of school administrators whose aim is to re-move uncooperative teachers from the schools? Do they see theCouncil as their "friend in court" whenever charges are broughtagainst a member of the teaching profession? In the future theCouncil must necessarily turn some of its efforts to the problem

38

of sampling the attitudes and beliefs about the Council whichare held by those who the Council is representing. What changesor additions to the present functions of the Council are seen asimportant by teachers, administrators and school board mem-bers? At present, this information is gathered on an informalbasis but the future will see a more formalized and concentratedeffort on the part of the Council to sample these attitudes andbeliefs.

In addition to sampling how the members of the teachingprofession view the Council. additional effort should be madeto educate the teachers and administrators in the state about therole and functions of the Council. Despite a constant and organ-ized offering of workshops on the role of the Council through-out the state, members of the Council are constantly aware thatthere are many members of the teaching profession who aretotally unaware that the Council exists or what the role of theCouncil is. The future success of the Council will depend heavilyon the awareness of all members of the teaching profession aboutthe role of the Council.

As the number of cases brought before the Council grows,it becomes dear that sooner or later the Council should begin toanalyze the many factors Ora are related to these cases. TheCouncil may be able in the future to identify certain school sys-tems where there is a high case load and perhaps to identifysome of the re:Isons for that ca.4e load. There may be otherfactors such as the type of university where the teacher receivedher training that may be identified. If this is an importantvariable, the Council may be able to identify certain types ofteacher training practices that are related to later unprofessionalconduct by those trained by that institution.

All of the above are in the future. Whether or not theCouncil addresses itself to these problems cannot be predicted atthis time. Perhaps some of the areas mentioned are not im-portant or have a low priority. In any event, if the Council is toremain as an active force in representing the members of theteaching profession in Florida. these areas must be discussed andsome decisions made.

A final note to the reader of this Bulletin would be to sharethe faith and commitment held by the present members of theProfessional Practices Council in the teaching profession.. Al-though the Council is constantly reminded of the misdeeds of

39

members of the teaching profession as the Council deals withcases brought to it, the contacts that the Council members havethroughout the state as they investigate or hold hearings oncharges make them equally aware of the large numbers of teach-ers and administrators who are committed to their professionand are positive examples of the highest professional standards.

References

1. Florida Department of Education. Gnidelines for Chairmanand Members of Professional Practices Council Members.Tallahassee: Florida Department of Education, December,1972.

2. Lou's of Florida. Chapter 63-363, 1963.) (all)Laws of Florida. Chapter 67-440, 1967.)Fjrida Administrative Code, Rules of the State Board ofEducation. Section 6A-10.12, 1970.

3, Florida Administrative Code, Rides of the Professional Prac-tires Council. Chapter 6B -5, 1969.

Additional References

1. State of Florida. Annual Report of the Professional Prac-tices Council. 1970-1973. Tallahassee: Florida Departmentof Education, 1970, 1971, 1972, and 1973.

2. Florida Department of Education. Florida ProfessionalPractices Council. Tallahassee : Florida Department of Edu-cation (Undated Booklet)

3. Florida Department of Education. Guidelines for Dismissalfor Incompetency. Tallahassee : Florida Department of Edu-cation, 1970 (second printing)

4. Florida Department of Education. Professional PracticesCouncil. "Personnel Asssessment vs. Dismissal ProceduresPosition Paper." Tallahassee : Professional PracticesCouncil, 1972.

5. National Education Association. Teacher Standards andPractices CoM missions: A Directory, Washington, D.C.:National Education Association, 1965.

6. Tait, Edna. Understanding the Florida Professional Prac-tices Council. It-2 Module. Tallahassee, Fla.: Florida Depart-ment of Education, April, 1973.

40

FLORIDA EDUCATIONAL RESEARCH ANDDEVELOPMENT COUNCIL

Officers:President, Dr. Robert ShafferTreasurer, Wendell Kilpatrick

Board of Directors.Buren Dunavant; Laura Geddie; Frank Green; Sam Hunter;George Marshall; Wm. Odom; James Young

Executive Secretary:Dr. William F. Breivogel, College of Education, University of Florida

Assoc. Exec. Sect North Florida Component:Dr. Jeff l'yatte, ('allege of Education, University of West Florida

Assoc. Exec. Sect., South Florida Component:Dr. Charlie Council, College of Education, Florida Atlantic University

Member County: Representative:Alachua County Dr. Marilyn ThursbyBaker County Mrs. Yvonne StephensBradford County W. L. KilpatrickCitrus County Mrs. Orpha J. BrownCollier County Dr. Gene BarlowColumbia County Dr. Frank Phillips, Supt.Dixie County Lloyd JonesFlag ler County Walter MorrisGulf County Mrs. Laura GeddieHamilton County John HartHernando County Mrs. Ruth MarshHighlands County James Ferrell SmithIndian River County Samuel A. HunterLafayette County Albert J. Winburn, Supt.Lake County C. A. Vaughn, Jr.Lee County Hugh C. FlandersLevy County Mrs. Pear le GibbonsMadison County Dr. Oscar A. BeckManatee County George MarshallMarion County Al ApplebyMartin County Dr. Robert ShafferNassau County William L. WebbOkeechobee County James A. YoungPasco County Mary GiellaPolk County Daniel D. HutchisonPutnam County William OdomSt. .Johns County Mrs. Gertrude TaylorSt. Lucie County 1)1.. Charles RichardsSanta Rosa County Frank GreenSumter County James R. EdwardsSuwannee County Everett L. W illhimsnnTaylor County Robhins R. WoodenUnion County Buren L. DunavantWakulla County Dr. Elinor ElfnerWashington County Kelly Brock, Supt.

Associate Membership:Panhandle Area Educational Cooperative, W. Lester Kitehing, Director

FLORIDA EDUCATIONAL RESEARCH ANDDEVELOPMENT COUNCIL

126 Building EUniversity or Florida

Gainesville, Florida 32611

RESEARCH BULLETINS

School Law for Florida Teachers. Volume 2, No. 3. - -Legs, Jos. M.The Self and Academic Achievement, Volume 3, No. 1. Turkey, Wm. W.Fringe Benefits for Florida's School Personnel. Volume 3, No. 3. Nunn,

William B.Slow Learner Problem in the Classroom. Volume 3. No. 4. Jacobs. John

F., Myron A. Cunningham. Marnell L. Pierce, Arnold D. Cortazzo.Theory Into Practice Through Systematic Observation, Volume 4, No. 1.

Ober, Richard L.The Search for Self: Evaluating Student Self Concepts, Volume 4, No. 2.

--Turkey. William W.The Nongraded School, Volume 4, No. 3. Rogers, Luther H., William F.

B re i vogel.Sensitivity Training in Perspective, Volume 4. No. 4. Ellis, BettyNonpromotion in Our Schools: A Sign of Failure, Volume 5, No. 1,

Packer, Athol B.Social Dimensions of the Self As an Open System: A Curriculum Design,

Volume 5. No. 2, --Macagnoni, Virginia M.Supervisory Conferences Improve Teaching, Volume 5, No. 3-4. Micha-

lak. Daniel A,Concentrated Placement of Student Teachers, Volume t1, No. 1-2. Augen

stein. Mildred B., Melvin H. Tennis.Perceptual-Motor Development, Volume 11, No. 3-4. Harrow, Anita J.Individualizing Instruction Through Analysis of Standardized Tests.

Martin. Roe M.Writing Behavioral Objectives, Fall. 1969 MeAshan, H. H.A Test Manual for the How I See Myself Scale, Summer, 1968 Gordon,

Ira J.Tutoring By Students: Who Benefits? Volume 7. No. 1-2 Di liner,

MarthaEnchancement of the Self - Concept -A Case Study, Volume 7, No. 3-4

--Edgar, David E., Royce B, Walden, Thomas J. Moffett, WilsonGuertin, James J. Gentile.

Educational Provisions for Emotionally Disturbed Children: A StatusReport, Volume S. No. 1 Bullock, Lyndal M., Keith R. Brown

The Administrator Looks at Programs for the Emotionally Disturbed:Guidelines for Planning, Volume S, No. 2. --Bullock, Lyndal, JosephE. Justen,

Case Law and Education of the Handicapped, Volume 8, No. 3. Collings,Gary D.. Ernest E. Singletary.

The Learning Centers Approach to Instruction, Volume 8, No. 4. George,Paul S., Reisa R. George, Suzanne M. Kinzer, John H. Litcher, MarianL. Martine llo.

The Emergent Middle School, Summer Conference, 1967.Federal Aid to Education, January, 1968.the School Advisory Committee (SAC) Breivogel, W. F., Gordon Green-

woodMeasuring and Interpa.ting Sentence Combining Skills of School Children,

Evans. BoosotlworIndividualization of InstructionHigh School ChemistryA Case Study

---Alteiri, Donald, Paul Becht.Plan, Polish, Promote and Practice A School Volunteer Program. Jack-

son, Audrey H.Competencies Needed for Teaching Emotionally Disturbed and Socially

Maladjusted Children and Youth: Implications for Staff Develop-ment. Bullock, Lyndal, M. K. Dkyes, Thomas J. Kelly.

Teachers' Peretpt ions of Behavioral Disorders in Children, May, 1974.Bullock. L. M., T. J. Kelly, M. K, Dykes.

SPECIAL BULLETINS

Incentive Grant for Quality EducationDr. R. L. JohnsFederal Aid to EducationDr. Edwin KurthYear-Round Schools for Polk County, Florida: A Feasibility StudyNew Directions for Curriculum Change: A Conference ReportThe Emergent Middle School: A Conference ReportA Test Manual for the How I See Myself ScaleDr. Ira J. GordonWriting Behavioral ObjectivesDr. H. H. McAshanIndividualized Instruction Through Analysis of Standardized TestsRoe M.

Martin, Polk CountyThe Professional Reading of Teachers of EnglishDr. Theodore Hippie and

Thomas It. GiblinThe School Advisory Committee (SAC)Dr. William F. Breivogel and Dr.

Gordon Greenwood

With the Compliments of the

DR. W. F. BREIVOGEL, Executive SecretaryUNIVERSITY OF FLORIDACOLLEGE OF EDUCATION

GAINESVILLE, FLORIDA 32611

sEg COPY A""B`'