Current through Register Vol. 49, No. 9, September, 2024
1.00
Title
1.01 These rules shall be known
as the Arkansas State Board of Education Rules Governing the Code of Ethics for
Arkansas Educators.
2.00
Regulatory Authority
2.01 These
rules are promulgated pursuant to the State Board of Education's authority
under Ark. Code Ann. §§
6-11-105,
6-17-401,
6-17-410,
6-17-422,
6-17-425,
6-17-426 and
25-15-201 et
seq.
3.00
Purpose
3.01 The purpose of the Rules
Governing the Code of Ethics for Arkansas Educators (Code) is to define
standards of professional conduct and to outline procedures for investigations
and enforcement of the Code of Ethics.
3.02 The professional, ethical educator
contributes to the development and maintenance of a supportive student-centered
learning community that values and promotes human dignity, fairness, care, the
greater good and individual rights. These values are the ethical premises for
the standards of professional behavior and ethical decision-making established
in this Code of Ethics for Arkansas Educators. By establishing
Standards of ethical conduct, this code promotes the health, safety, and
general welfare of students and educators and ensures the citizens of Arkansas
a degree of accountability within the education profession.
4.00
Definitions
4.01
Allegation is any written
and signed statement filed by any person with the Arkansas Department of
Education (ADE), local school board, the Arkansas State Board of Education
(State Board), or public school superintendent of this state and subsequently
filed with the Professional Licensure Standards Board (PLSB) claiming that an
educator has breached one or more of the Standards of Professional Conduct as
set forth in these rules. An allegation may also include a finding made in an
audit report forwarded to the ADE by the Arkansas Legislative Joint Auditing
Committee pursuant to Ark. Code Ann. §
6-17-426.
4.02
Complaint is an allegation
that has been:
(1) verified by the Chief
Investigator of the PLSB as being submitted by an identifiable person; and
(2) is based upon reasonable
belief by the Ethics Sub-Committee of the PLSB that if the allegation is true,
it would constitute a violation of the Standards of Professional Conduct as set
forth in these rules committed by an Arkansas educator after September 1, 2008.
The Ethics Sub-Committee of the PLSB shall approve the investigation of any
complaint meeting this definition.
4.03
Conviction includes a plea
of guilty or a plea of nolo contendere, or a finding or
verdict of guilty, regardless of whether an appeal of the conviction has been
sought, or a criminal conviction has been sealed or expunged; a situation where
first offender treatment without adjudication of guilt pursuant to the charge
was granted; and a situation where an adjudication of guilt or sentence was
otherwise withheld or not entered on the charge or the charge was otherwise
disposed of in a similar manner in any jurisdiction.
4.04
Denial is the refusal to
grant a teaching license to an applicant for a teaching license.
4.05
Dispositions are the
values, commitments, and professional ethics that influence behaviors toward
students, families, colleagues and communities and affect student learning,
motivation, and development as well as the educator's own professional growth.
Dispositions are guided by beliefs and attitudes related to values such as
caring, fairness, honesty, responsibility and social justice.
4.06
Educator is a teacher,
school or school system administrator or other education personnel who has been
issued a teaching license by the State Board. For the purposes of the Code,
educator also refers to a licensed student intern.
4.07
Ethical Violation is one
involving acts or omissions on the part of an educator, when the educator knew,
or reasonably should have known, that such acts or omissions were in violation
of the Standards of Professional Conduct as set forth in these rules. An
ethical violation does not include a reasonable mistake made in good faith, or
acts or omissions undertaken in reasonable reliance upon the advice of a
supervisor.
4.08
Letter of
Concern is a non-punitive communication from the Ethics Sub-Committee of
the PLSB to an educator in response to a complaint against the educator.
Letters of Concern may be provided to an educator by the Ethics Sub-Committee
of the PLSB in lieu of imposing a sanction such as a warning or reprimand.
Letters of concern remain in the files retained by the PLSB Staff, but are not
placed in an educator's licensure file at the ADE. A letter of concern does not
constitute a sanction for the purposes of the Code of Ethics for Arkansas
Educators. As such, letters of concern are not appealable to the Ethics
Sub-Committee of the PLSB or the State Board.
4.09
Monitoring is at a minimum
a semi-annual appraisal of the educator's conduct by the PLSB through contact
with the educator and his or her employer. As a condition of monitoring, an
educator may be required to submit a criminal background check or other
requested information. The State Board specifies the length of the monitoring
period.
4.10
Preponderance of
Evidence is the greater weight of the relevant evidence. A preponderance
of evidence is found when an allegation against an educator is more likely true
than not true. It is determined by considering all of the relevant evidence and
deciding which evidence is more believable. A preponderance of the evidence is
not necessarily determined by the greater number of witnesses or documents
presented. If, on any allegation against an educator, it cannot be determined
whether the allegation is more likely true than not true, the allegation cannot
be considered to have been proved.
4.11
Probation is the placing of
conditions, requirements or circumstances on the status of a teaching license
for a period of time established by the State Board. Generally, an educator
whose_license is under probation must sufficiently satisfy such conditions,
requirements or circumstances in order to maintain or be reinstated to the
original non-probationary teaching license status.
4.12
Reasonable belief is a
belief based upon knowledge of facts and circumstances that are reasonably
trustworthy, and that would justify a reasonable person's belief that:
(1) a violation of the Standards of
Professional Conduct as set forth in these rules has been committed;
and
(2) that the accused educator
committed such a violation. A reasonable belief is not based upon mere
suspicion or conjecture.
4.13
Relevant evidence (or
material evidence) is evidence having any tendency to make the existence of any
fact that is of consequence to the determination of the matter more probable or
less probable than it would be without the evidence.
4.14
Reprimand is a written
admonishment from the State Board to the license holder for his or her conduct.
The written reprimand cautions that further unethical conduct will lead to a
more severe action and shall become a permanent entry in the licensure file of
the educator and is associated with a monetary fine of the educator. In the
absence of further unethical conduct, a reprimand will remain in the licensure
file of the educator for a period of two (2) years from the date the reprimand
is imposed by the State Board. The reprimand will remain permanently in the
files retained by PLSB staff.
4.15
Revocation is the permanent invalidation of any teaching license
held by the educator.
4.16
School-sponsored activity is any event or activity sponsored by
the school or school system which includes but is not limited to athletic
events, booster clubs, parent-teacher organizations, or any activity designed
to enhance the school curriculum (i.e., foreign language trips, etc.) whether
on school-campus or not.
4.17
Student is any individual enrolled in the state's public or
private schools from pre-kindergarten through grade 12.
4.18
Suspension is the temporary
invalidation of any teaching license for a period of time specified by the
State Board.
4.19
Teaching
License refers to any teaching, service, or leadership certificate,
license, or permit issued by authority of the State Board.
4.20
Warning is a written
communication from the State Board to the license holder that his or her
conduct is unethical. The warning cautions that further unethical conduct will
lead to a more severe action and shall become a permanent entry in the
licensure file of the educator. In the absence of further unethical conduct, a
warning will remain in the licensure file of the educator for a period of two
(2) years from the date the warning is imposed by the State Board. The warning
will remain permanently in the files retained by PLSB
staff.
5.00
Standards of Professional Conduct
The Standards of Professional Conduct are set forth as
follows:
5.01
Standard 1: An
educator maintains a professional relationship with each student, both in and
outside the classroom.
5.02
Standard 2: An educator maintains competence regarding skills, knowledge,
and dispositions relating to his/her organizational position, subject matter,
and/or pedagogical practice.
5.03
Standard 3: An educator honestly
fulfills reporting obligations associated with professional
practices.
5.04
Standard 4: An educator entrusted with public funds and property honors
that trust with honest, responsible stewardship.
5.05
Standard 5: An educator maintains
integrity regarding the acceptance of any gratuity, gift, compensation or favor
that might impair or appear to influence professional decisions or actions and
shall refrain from using the educator's position for personal
gain.
5.06
Standard 6:
An educator keeps in confidence secure standardized test material as well as
information about students and colleagues obtained in the course of
professional service unless disclosure serves a professional purpose or is
allowed or required by law.
5.07
Standard 7: An educator refrains
from using, possessing and/or being under the influence of alcohol, tobacco, or
unauthorized drugs while on school premises or at school-sponsored activities
involving students.
6.00
Disciplinary Action.
6.01 The PLSB is authorized to recommend to
the State Board probation, suspension, revocation or denial of a teaching
license or the issuance of a reprimand or warning after an investigation is
held after notice and an opportunity for a hearing are provided to the license
holder. The PLSB is also authorized to recommend other avenues to assist the
educator via training, coursework or rehabilitative treatment. (All costs would
be assumed by the educator.) The State Board may direct the ADE to monitor
progress toward the completion of any corrective action. Any of the following
shall be considered cause for recommendation of disciplinary action against the
holder of a teaching license:
* An initial determination by the Ethics Sub-Committee of the
PLSB that there is a reasonable belief that a breach of any of the Standards of
Professional Conduct as set forth in these rules or any conduct described in
the offenses set forth in Ark. Code Ann. §
6-17-410(c)(l)
-(34) has occurred.
* Following an evidentiary hearing before the Ethics
Sub-Committee of the PLSB, the Sub-Committee finds, by a preponderance of the
evidence, that an educator breached any of the Standards of Professional
Conduct as set forth in these rules or any conduct described in the offenses
set forth in Ark. Code Ann. §
6-17-410(c)(l)
-(34) has occurred.
* A failure to comply with the payment of any imposed
fines.
* Audit reports forwarded to the ADE by the Arkansas
Legislative Joint Auditing Committee pursuant to Ark. Code Ann. §
6-17-426.
* Disciplinary action against a teaching license/certificate in
another state on grounds consistent with unethical conduct specified in Section
5.00 or as stated in this section.
6.02 An individual whose license has been
revoked, denied or suspended may not serve as a volunteer or be employed as an
educator, paraprofessional, aide, substitute teacher., official and/or judge of
a school-sponsored activity or be employed in any other position during the
period of his or her revocation, suspension or denial for a violation of the
Arkansas Code of Ethics for Educators.
6.03 The State Board shall notify local and
state officials of all disciplinary actions. In addition, suspensions and
revocations are reported by the ADE to national officials, including the
National Association of State Directors of Teacher Education and Certification
(NASDTEC) Clearinghouse.
6.04 In
lieu of imposing a disciplinary action as set forth above, the PLSB Ethics
Subcommittee may provide the accused educator with a letter of
concern.
7.00
Procedures for the Investigative Process and Final Determination of Alleged
Ethics Violations
7.01 In considering
and investigating complaints brought before it, the PLSB shall follow the
procedures set forth in Appendix A to these rules, which are
hereby fully incorporated into these rules as if fully set forth
herein.
8.00
Fines
and Fees
8.01 The State Board, for
violations of these Standards of Professional Conduct in all areas and as
authorized by Ark. Code Ann. §
6-17-422:
a. May impose fines up the amounts listed in
Appendix B to these rules, which is attached and is hereby
fully incorporated into these rules as if fully set forth herein.
b. Shall impose fees for action taken
pertaining to an educator's license as set forth in the attachment
Appendix B.
c.
Shall use the revenue collected by the State Board of Education from the fees
and fines imposed per
Appendix B of these Rules for the
operation of the Professional Licensure Standards Board.
Appendix A
Procedures for the Investigative Process and Final
Determination of Alleged Ethics Violations
1.
Applicability of the Administrative
Procedure Act
All rules, procedures, hearings and appeals relating to the
Code of Ethics are subject to the Arkansas Administrative Procedure Act, Ark.
Code Ann. §
25-15-201 et seq.
2.
Freedom of Information
Act (FOIA):
All records, hearings, meetings, and deliberations of the PLSB
relating to an ethics complaint against an administrator or teacher are
confidential and exempt from the Freedom of Information Act. All records
pertaining to an ethics complaint are open for inspection and copying by the
person against whom the complaint is lodged. The person against whom the
complaint is lodged and his or her representative are entitled to be present
during all hearings. A hearing before the State Board to consider the possible
revocation, suspension, or other sanction of an administrator's or a teacher's
license based on a recommendation of the PLSB for enforcement of an alleged
ethics violation, including without limitation an informal disposition by the
State Board of an ethics complaint by stipulation, settlement, consent order,
or default is open to the public. All records on which the State Board relies
during such a hearing to make its decision are subject to public disclosure
under the Freedom of Information Act.
3.
Allegations:
Any person or party wishing to submit an allegation must use
the appropriate allegation form as developed by the PLSB.
4.
Allegations Received by the
PLSB:
An allegation will become a complaint once it has been:
(1) verified by the Chief Investigator of the
PLSB as being submitted by an identifiable person; and (2) is based upon a
reasonable belief by the PLSB Ethics Subcommittee that if true, would
constitute a violation of the Standards of Professional Conduct, as set forth
in these rules, committed by an Arkansas educator after September 1, 2008. An
allegation shall be processed as follows:
i.
Initial Review: The Chief Investigator of the PLSB will thoroughly review the
allegation and verify that the allegation has been submitted by an identifiable
person.
ii. Authority to
Investigate: The Ethics Sub-Committee of the PLSB will determine whether to
grant authority to investigate the allegation to the PLSB Staff. Authority to
investigate the allegation will be based upon a reasonable belief that the
allegation, if true, constitutes a violation of the Standards of Professional
Conduct as set forth in these rules and was committed by the alleged educator
after September 1, 2008. Any member of the Ethics Sub-Committee of the PLSB who
works with or for the educator against whom the allegation is submitted shall
recuse himself/herself from any discussion, hearing, or deliberations
concerning the accused educator.
a) Authority
to Investigate Denied: If the Ethics Sub-Committee of the PLSB decides not to
grant authority to investigate the allegation to the PLSB Staff, the allegation
shall be dismissed and the matter shall be closed without further action
against the educator.
b) Authority
to Investigate Granted: If the Ethics Sub-Committee of the PLSB grants
authority to investigate the allegation, the allegation becomes a complaint.
The PLSB Staff shall notify the accused educator in writing concerning the
initiation of the investigation and provide the educator with a copy of the
complaint. The PLSB Staff shall notify the accused educator in writing that he
or she may provide statements or other documents to be included in the final
report of investigation.
c)
Automatic Investigation: The following will automatically go to the Ethics
Sub-Committee of the PLSB for the opening of an investigation:
(1) An affirmative answer concerning criminal
or ethical violations on a licensure application.
(2) Confirmation from the Arkansas State
Police or Federal Bureau of Investigation regarding a criminal conviction
possessed by the educator.
(3)
Audit reports forwarded to the ADE by the Arkansas Joint Auditing Committee
pursuant to Ark. Code Ann. §
6-17-426.
iii. Completion of the
Investigation: Upon completion of the investigation and final report of
investigation, the PLSB staff will send the final report of investigation to
the accused educator or his/her attorney via certified and regular mail. The
accused educator or his/her attorney will be allowed fourteen (14) calendar
days from receipt of the final report of investigation to submit any further
response in writing. At the conclusion of the fourteen (14) calendar days or
upon receiving the written response from the educator, the PLSB staff will send
the final report of investigation and educator's response to the members of the
Ethics Sub-Committee of the PLSB.
iv. Initial Recommendation of the Ethics
Sub-Committee: At the next scheduled meeting of the Ethics Sub-Committee of the
PLSB, the Sub-Committee shall review the final report of investigation and any
statements or materials in defense provided by the accused educator. Following
such a review, if the Ethics Sub-Committee of the PLSB finds that a reasonable
belief exists that the educator violated the Standards of Professional Conduct
as set forth in these rules, the Sub-Committee may recommend any appropriate
action as set forth in Appendix B.
a)
Notification of the Educator: The PLSB Staff will notify the accused educator
in writing of the recommendation of the Ethics Sub-Committee of the PLSB. The
accused educator may accept in writing the recommendation of the Ethics
Sub-Committee of the PLSB or request in writing an evidentiary hearing before
the Ethics Sub-Committee of the PLSB. The PLSB Staff will inform the educator
that following an evidentiary hearing, the Ethics Sub-Committee of the PLSB may
find that no violation of the Standards of Conduct exits, or could find that a
violation of the Standards of Conduct exists and recommend any appropriate
action as set forth in Appendix B.
b) Letter of Concern: The Ethics
Sub-Committee of the PLSB may also issue a letter of concern in lieu of
recommending an action set forth in Appendix B.
v. Waiver of Evidentiary Hearing: If an
educator fails to respond to notification of the initial recommendation of the
Ethics Sub-Committee of the PLSB within thirty (30) days, the initial
recommendation will become a final recommendation without an evidentiary
hearing and will be forwarded to the State Board for consideration.
5.
Subpoena
Power:
i. At the request of a party to
a proceeding pending before the PLSB or the State Board, the Chair of the PLSB
or the State Board may, as appropriate, issue a subpoena and bring before the
PLSB or the State Board as a witness any person in this state. The PLSB or the
State Board may, on their own motion, issue a subpoena at any time.
ii. A party requesting a subpoena must make
the request in writing to either the PLSB or the State Board, as appropriate.
Requests for subpoenas made to the PLSB shall be delivered to the Office of the
PLSB Attorney no later than ten (10) calendar days prior to the PLSB hearing
for which the subpoena is requested. Requests for subpoenas made to the State
Board shall be delivered to the Office of General Counsel of the ADE no later
than ten (10) calendar days prior to the State Board hearing for which the
subpoena is requested.
iii. The
subpoena shall:
a) Be in the name of either
the PLSB or the State Board;
b)
State the name of the board hearing the proceeding and the name of the
proceeding; and
c) Command each
person to whom it is directed to give testimony at the time and place specified
in the subpoena in one (1) of the following ways:
(i) In person;
(ii) Before a certified court reporter under
oath at the place of the witness' residence or employment;
(iii) By video-taped deposition at the place
of the witness' residence or employment; or
(iv) By live video communications from the
witness' residence, place of employment, or a nearby facility capable of
providing video transmission to the board hearing the proceeding that has
subpoenaed the witness.
d) The manner of providing testimony under
the subpoena shall be conducted by video conference testimony unless another
manner is agreed upon by the board or commission and the person who is the
subject of the subpoena.
iv. The subpoena may require the witness to
bring with him or her any book, writing, or other thing under his or her
control that he or she is bound by law to produce in evidence.
v. Service of the subpoena shall be in the
manner as provided by law or rule for the service of subpoenas in civil
cases.
vi. A witness who has been
served by subpoena and who appears in person to testify at the trial or case
pending before the PLSB or the State Board shall be reimbursed for travel and
attendance as provided by law.
vii.
If a witness is served with a subpoena and fails to provide testimony in
obedience to the subpoena, the PLSB or the State Board may apply to the circuit
court of the county in which the PLSB or the State Board is holding the
proceeding for an order causing the arrest of the witness and directing that
the witness be brought before the court.
viii. The court will have the power to punish
the disobedient witness for contempt as provided by the Arkansas Rules of Civil
Procedure.
ix. A witness who has
been served with a subpoena may challenge the validity of the subpoena in the
circuit court of the county in which the witness resides or is
employed.
6.
PLSB
Evidentiary Hearing
i. If the educator
requests a hearing, an evidentiary hearing will be held before the Ethics
Sub-Committee of the PLSB within ninety (90) days, but no earlier than thirty
(30) days, from the date that the PLSB receives the educator's hearing request.
Either party may request additional time. Such a request shall be in writing
and shall set forth the reason(s) for which additional time is needed. Upon
good cause shown and upon the request of either party, the chairperson of the
Ethics Sub-Committee of the PLSB may grant the party or parties additional
time.
ii. A decision by the Ethics
Sub-Committee of the PLSB will be made.
iii. Within fourteen (14) calendar days
following the decision of the Ethics Sub-Committee of the PLSB, the PLSB staff
will notify the educator in writing of the decision. The educator may accept
the initial decision in writing or request a hearing before the State
Board.
7.
Evidentiary Hearing Procedures of the PLSB Ethics Sub-Committee
i. The educator shall be notified in writing
of the date, time and location of the Ethics Sub-Committee of the Professional
Licensure Standards Board (PLSB) meeting at which his/her case will be
considered. The notice will also state a deadline by which the educator must
submit items to the sub-committee for consideration.
ii. A representative of the PLSB and the
educator (or his/her attorney) shall have up to twenty-five (25) minutes each
to present their cases to the sub-committee. The chairperson of the
sub-committee,- may grant additional time to either or both parties, if
necessary.
iii. Each party will
have the opportunity, should it so choose, to make an opening statement. The
statement shall be no longer than five (5) minutes in length. The chairperson
of the sub-committee may grant additional time to either or both parties, if
necessary.
iv. The representative
of the PLSB shall present its case (and opening statement, if it so chooses) to
the sub-committee first.
v. Any
written documents, photographs or any other items of evidence may be presented
to the hearing sub-committee with the permission of the Chairperson. The items
of evidence shall be marked as either "PLSB Exhibit Number l(et seq.)" or
"Educator's Exhibit Number 1 (et seq.)." After an item of evidence has been
allowed to be presented to the sub-committee by the Chairperson, the
introducing party shall give one (1) copy to the court reporter for the record
and one (1) copy to the Chairperson.
vi. After one party has questioned a witness,
the other party shall have the same opportunity.
vii. Members of the hearing sub-committee
shall also have the opportunity to ask questions of any witness or any party at
any time.
viii. While the scope of
each party's presentation ultimately lies within the chairperson's discretion,
case presentation should be arranged in such a way as to avoid redundant
testimony.
ix. After the educator
has presented his/her case, the chairperson may allow each party to present
limited rebuttal testimony.
x.
After the rebuttal evidence has been presented, the educator shall have up to
five (5) minutes to present a closing statement, if desired. The chairperson of
the subcommittee may grant additional time if necessary.
xi. After the educator has made a closing
statement, or waived the opportunity for the same, the representative of the
PLSB shall have up to five (5) minutes to make his/her closing statement, if
desired. The chairperson of the sub-committee may grant additional time if
necessary.
xii. After closing
statements have been made (or the opportunity to make them has been waived),
the hearing subcommittee may orally announce its decision. Alternatively, the
hearing subcommittee may take the case under advisement and render a written
decision at a later time.
xiii.
During an evidentiary hearing, the "preponderance of the evidence" standard
shall be used by the Ethics Sub-Committee of the PLSB to determine whether a
violation of the Standards of Professional Conduct occurred. If the Ethics
Sub-Committee of the PLSB finds that a violation occurred, it may issue a
recommendation for appropriate sanction to the Arkansas State Board of
Education. The representative of the PLSB will have the burden of proving each
fact of consequence to the determination by a preponderance of the evidence.
The Ethics Sub-Committee of the PLSB may also issue a non-punitive letter of
concern.
xiv. A written decision
reflecting the hearing subcommittee's final decision and recommendation shall
be promptly prepared by the PLSB for the chairperson of the hearing
sub-committee's signature. A copy of the decision and recommendation shall be
timely transmitted to the educator, the PLSB and the State Board.
xv. The educator shall have thirty (30) days
from the receipt of the decision and recommendation to appeal the
sub-committee's decision to the State Board. Should the educator not file an
appeal to the SBE within the above-referenced thirty (30) day time period, the
decision of the sub-committee shall become non-appealable.
8.
Hearing Procedures of the Arkansas
State Board of Education
i. The agenda
item will be introduced by staff of the PLSB or the ADE, as
appropriate.
ii. The representative
of the PLSB staff will present an opening statement.
iii. The educator or the educator's
representative will present an opening statement.
iv. The representative of the PLSB staff will
present its case-in-chief.
v. The
educator or the educator's representative will present its
case-in-chief.
vi. The
representative of the PLSB staff will present a closing argument.
vii. The educator or the educator's
representative will present a closing argument.
vii. The State Board will discuss the matter.
During the discussion phase, any member of the State Board may question any
party, any party's representative, any witness, or any other person whose
testimony may be found useful by the State Board in determining an appropriate
resolution of the case.
viii. The
State Board will vote on whether to accept, reject, or modify the
recommendation of the PLSB. The State Board may vote to approve no sanction at
all, the same sanction recommended by the PLSB, a lesser sanction than that
recommended by the PLSB, or a more severe sanction than that recommended by the
PLSB. The State Board may also issue a letter of concern. Any vote of the State
Board must be by a majority of the quorum present.
ix. Other Procedures Applicable to the State
Board Hearing
a) The Chair of the State Board
shall serve as presiding officer for the hearing.
b) All members of the State Board shall
conduct themselves in an impartial manner and may at any time withdraw from the
proceedings if they deem themselves disqualified.
c) The representative of the PLSB staff will
have the burden of proving each fact of consequence to the determination by a
preponderance of the evidence.
d)
Irrelevant, immaterial, and unduly repetitious evidence shall be
excluded.
e) Any other oral or
documentary evidence, not privileged, may be received if it is of a type
commonly relied upon by reasonably prudent people in the conduct of their
affairs.
f) Objections to
evidentiary offers may be made and shall be noted of record. When a hearing
will be expedited and the interests of the parties will not be substantially
prejudiced, any part of the evidence may be received in written form.
g) Parties shall have the right to conduct
such cross examination as may be required for a full and true disclosure of the
facts.
h) Official notice may be
taken of judicially cognizable facts and of generally recognized technical or
scientific facts within the agency's specialized knowledge. Parties must be
notified of material so noticed, including any staff memoranda or data, and
shall be afforded a reasonable opportunity to show the contrary.
Appendix B
LIST OF APPLICABLE FINES
|
Action Taken
|
Maximum Fine Amount
|
|
Complaint is not substantiated -No action taken; Case
closed.
|
$0
|
|
Educators who violate testing procedures of the state
and for whom the Ethics Sub-Committee of the PLSB believes the violation does
not rise to the level of an ethical violation may be recommended for additional
training in the approved testing procedures by the state.
|
All expenses paid by the educator.
|
|
Recommended treatment or rehabilitation with periodic
monitoring.
|
All expenses paid by the educator.
|
|
Written Warning
|
$0
|
|
Written Reprimand
|
$50
|
|
Probation of License
|
$75
|
|
Suspension of License
|
$100
|
|
Permanent Revocation of License
|
$0
|
* The Ethics Sub-Committee of the PLSB or the State Board may
also approve a non-punitive letter of concern.
LIST OF APPLICABLE FEES
|
License Issued
|
New or Renewal
|
Fee Amount
|
|
One-Year Provisional Teacher's License
|
New Renewal
|
$0.00 $0.00
|
|
Three-Year Initial Teacher's License
|
New
|
$0.00
|
|
Five-Year Standard or Advanced Teacher's License
|
New Renewal
|
$100.00 $100.00
|
|
Five-Year Vocational Permit
|
New Renewal
|
$100.00 $100.00
|
|
One-Year Professional Teaching Permit
|
New
|
$35.00
|
|
Lifetime Teacher's License (Must be 62 years of
age.)
|
New
|
$0.00
|
|
Adding Area or Level to Existing License
|
Not Applicable
|
$0.00
|
|
Adding Degrees to Existing License (If not occurring at
the time of renewal)
|
Not Applicable
|
$50.00
|
|
Duplicate License
|
Not Applicable
|
$50.00
|
Appendix C
Explanations and Guidelines to Clarify the Intent of The
Standards of Professional Conduct
The purpose of Appendix C is to provide greater clarity and
intent of each professional standard listed in Section 5.00 of this rule.
Therefore, Appendix C is not designed to supersede the required standard of
professional conduct but rather to provide some rationale of the intent and
purpose and thus the proper application of each professional standard of
conduct. It is recognized that Appendix C is a general application of the
intent and purpose of each professional standard and is considered a guide and
not all inclusive of each and every interpretation and application of a
professional standard of conduct as required in Section 5.00.
Furthermore, it is recognized that unless specifically stated
in a professional standard of conduct listed in Section 5.00 of this rule or
specifically required in Appendix C's interpretation of a particular standard
of conduct, the alleged unethical conduct by a licensed educator may be
considered by the Professional Licensure Standards Board regardless of the
mental intent related to the alleged unethical action or omission. However, the
Professional Licensure Standards Board may consider the mental intent or
capacity of the licensed educator, along with other relevant factors, when
determining whether a violation exists and what, if any, disciplinary action to
recommend to the Arkansas State Board of Education for alleged violations of
this code of ethics.
Standard 1 An educator maintains a professional
relationship with each student, both in and outside the
classroom.
This standard goes to the core of a professional educator's
expected conduct and relationship with all students and transcends criminal
behavior or other actions which violate law. The professional relationship with
students is such behavior and action which promotes at all times the mental,
emotional, and physical health and safety of students. An educator should show
respect for and not demean, embarrass, or harass students absent some
reasonable educational or disciplinary purpose and never as prohibited by law.
A professional relationship is one where the educator maintains a position of
teacher/student authority with students even while expressing concern, empathy,
and encouragement for students. In that position of authority, an educator may
nurture the student's intellectual, physical, emotional, social and civic
potential. An educator may display concern and compassion for a student's
personal problems and, when appropriate, refer the student for school
counseling or other help.
Standard 2 An educator maintains competence regarding
skills, knowledge, and dispositions relating to his/her organizational
position, subject matter, and/or pedagogical practice.
This standard addresses the professional educator's obligation
to implement best practices and maintain competence in skills and knowledge. An
educator has many dispositions that are required in the course of instruction
such as ensuring that students have access to varying points of view and that
instruction reflects current subject matter.
Standard 3 An educator honestly fulfills reporting
obligations associated with professional practices.
This standard covers those situations where there is an
intentional or knowing attempt to deceive or mislead an educational entity.
Honest errors or mistakes or inaccuracies are not intended to be encompassed by
this standard. To uphold this standard an educator should be honest when
reporting data and information to the Arkansas Department of Education, the
Arkansas Bureau of Legislative Audit, the Arkansas State Board of Education,
and other state and federal governmental agencies. Honestly reporting grades is
also a part of this standard. It is also important that an educator honor this
standard when giving information to recommend an individual for employment
promotion or licensure as well as when reporting professional qualifications,
criminal history, college credits and degrees, awards, and employment history.
Similarly the failure to timely submit information covers those situations
where there is a knowing failure to submit or provide information. This
standard covers those situations described in Ark. Code Ann. §
6-17-410(d) (1) (A) (vii) and
(viii) that involve knowingly submitted false
or misleading information or knowingly falsifying or directing another to
falsify a grade.
Standard 4 An educator entrusted with public funds and
property honors that trust with honest, responsible stewardship.
An educator must be a good steward of public funds, personnel
and property dedicated to school related purposes. The use and accounting for
these resources under the educator's control must comply with state and federal
laws that regulate the use of public funds and property. The use of such
resources for personal gain, other than incidental personal benefit for which
there is no public education purpose would not be in keeping with the intent of
this standard.
Standard 5 An educator maintains integrity regarding
acceptance of any gratuity, gifts, compensation or favor that might impair or
appear to influence professional decision or actions and shall refrain from
using the educator's position for personal gain.
The standard is intended to prohibit that conduct which is
solely for personal gain and creates an appearance of a conflict of interest in
the role as an educator. The standard of conduct called for by this section
involves an examination of the total circumstances surrounding the gratuity,
gift, compensation, or favor. Factors to consider include the value of the
gratuity, gift or favor, the reasonableness of any compensation; the timing of
the gratuity, gift, compensation, or favor; and the relationship between the
educator and the person from whom the gratuity, gift, compensation, or favor
comes. Pursuant to Ark. Code Ann. §
6-24-113 an educator may accept
awards and grants as provided for therein. Ark. Code Ann. §
6-24-112 contains some specific
prohibited transactions involving gratuities or offers of employment. The
second part of this standard requires that the educator does not use the
position for personal gain.
Standard 6 An educator keeps in confidence secure
standardized test material as well as information about students obtained in
the course of professional service unless disclosure serves a professional
purpose or is allowed or required by law.
At times educators are entitled to and/or for professional
reasons need access to certain student records, other educators' records, and
standardized testing materials. Much of this information is confidential, and
the educator should maintain that confidence unless the disclosure serves some
legitimate educational purpose as allowed or required by law. The Federal
Education Rights and Privacy Act (FERPA) addresses the confidentiality of
certain student records. Such federal and state laws permit disclosure of some
student information and restrict the disclosure of other student information.
Educators should respect and comply with these and other similar
confidentiality laws. Confidential student information may include student
academic and disciplinary records, health and medical information, family
status and/or income, assessment/testing results, and Social Security
information. When standardized tests are administered, educators should
maintain the confidentiality of those parts of the standardized test materials
that are to remain confidential such as actual test items and test booklets in
accordance with state law, regulation, and testing policy. Supervisors may be
entitled to access to other educators' personnel records and should maintain
the confidentiality of those records.
Standard 7 An educator refrains from using, possessing
and/or being under the influence of alcohol, tobacco, or unauthorized drugs
while on school premises or at school-sponsored activities involving
students.
This standard sets forth the expectation of the professional
educator concerning using, possessing, or being under the influence of the
listed substances while on school premises or at school-sponsored activities
involving students or being in violation of state law governing the using,
possessing or being under the influence of alcohol, tobacco, or
unauthorized/illegal drugs while on school property or at school-sponsored
activities involving students.
