Current through Reg. 50, No. 187; September 24, 2024
Just cause" means cause that is legally sufficient. Each of
the charges upon which just cause for a dismissal action against specified
school personnel may be pursued are set forth in Sections
1012.33 and
1012.335, F.S. In fulfillment of
these laws, the basis for each such charge is hereby defined:
(1) "Immorality" means conduct that is
inconsistent with the standards of public conscience and good morals. It is
conduct that brings the individual concerned or the education profession into
public disgrace or disrespect and impairs the individual's service in the
community.
(2) "Misconduct in
Office" means one or more of the following:
(a) A violation of the Code of Ethics of the
Education Profession in Florida as adopted in Rule
6A-10.080, F.A.C.;
(b) A violation of the Principles of
Professional Conduct for the Education Profession in Florida as adopted in Rule
6A-10.081, F.A.C.;
(c) A violation of the adopted school board
rules;
(d) Behavior that disrupts
the student's learning environment; or
(e) Behavior that reduces the teacher's
ability or his or her colleagues' ability to effectively perform
duties.
(3)
"Incompetency" means the inability, failure or lack of fitness to discharge the
required duty as a result of inefficiency or incapacity.
(a) "Inefficiency" means one or more of the
following:
1. Failure to perform duties
prescribed by law;
2. Failure to
communicate appropriately with and relate to students;
3. Failure to communicate appropriately with
and relate to colleagues, administrators, subordinates, or parents;
4. Disorganization of his or her classroom to
such an extent that the health, safety or welfare of the students is
diminished; or
5. Excessive
absences or tardiness.
(b) "Incapacity" means one or more of the
following:
1. Lack of emotional
stability;
2. Lack of adequate
physical ability;
3. Lack of
general educational background; or
4. Lack of adequate command of his or her
area of specialization.
(4) "Gross insubordination" means the
intentional refusal to obey a direct order, reasonable in nature, and given by
and with proper authority; misfeasance, or malfeasance as to involve failure in
the performance of the required duties.
(5) "Willful neglect of duty" means
intentional or reckless failure to carry out required duties.
(6) "Drunkenness" applies only to persons who
hold a contract issued on or before July 1, 1984, and means:
(a) That condition which exists when an
individual publicly is under the influence of alcoholic beverages or drugs to
such an extent that his or her normal faculties are impaired; or
(b) Conviction on the charge related to
drunkenness by a court of law.
(7) Multiple annual performance ratings of
unsatisfactory or needs improvement as specified in Section
1012.33(1)(a),
F.S.
(8) "Crimes involving moral
turpitude" means offenses listed in Section
1012.315, F.S., and the
following crimes:
(a) Section
775.085, F.S., relating to
evidencing prejudice while committing offense, if reclassified as a
felony.
(b) Section
782.051, F.S., relating to
attempted felony murder.
(c)
Section 782.09(1),
F.S., relating to killing of unborn quick child by injury to mother.
(d) Section
787.06, F.S., relating to human
trafficking.
(e) Section
790.166, F.S., relating to
weapons of mass destruction.
(f)
Section 838.015, F.S., relating to
bribery.
(g) Section
847.0135, F.S., relating to
computer pornography and/or traveling to meet a minor.
(h) Section
859.01, F.S., relating to
poisoning of food or water.
(i)
Section 876.32, F.S., relating to
treason.
(j) An out-of-state
offense, federal offense or an offense in another nation, which, if committed
in this state, constitutes an offense prohibited under Section
1012.315(6),
F.S.
Rulemaking Authority
1001.02,
1012.33,
1012.335 FS. Law Implemented
1012.33,
1012.335
FS.
New 12-25-66, Amended 9-8-68, Repromulgated 12-5-74,
Amended 8-12-81, 4-5-83, Formerly 6B-4.09,
6B-4.009, Amended
7-8-12.
