(1)
Introduction. The Code of Ethics for Educators defines the
professional behavior of educators in Georgia and serves as a guide to ethical
conduct. The Georgia Professional Standards Commission (GaPSC) has adopted
standards that represent the conduct generally accepted by the education
profession. The code defines unethical conduct justifying disciplinary sanction
and provides guidance for protecting the health, safety and general welfare of
students and educators, and assuring the citizens of Georgia a degree of
accountability within the education profession.
(2)
Definitions.
(a) "Breach of contract" occurs when an
educator fails to honor a signed contract for employment with a school/school
system by resigning in a manner that does not meet the guidelines established
by the GaPSC.
(b) "Certificate"
refers to any teaching, service, or leadership certificate, license, or permit
issued by authority of the GaPSC.
(c) "Child endangerment" occurs when an
educator disregards a substantial and/or unjustifiable risk of bodily harm to
the student.
(d) "Complaint" is any
written and signed statement from a local board, the state board, or one or
more individual residents of this state filed with the GaPSC alleging that an
educator has breached one or more of the standards in the Code of Ethics for
Educators. A "complaint" will be deemed a request to investigate.
(e) "Educator" is a teacher, school or school
system administrator, or other education personnel who holds a certificate
issued by the GaPSC and persons who have applied for but have not yet received
a certificate. For the purposes of the Code of Ethics for Educators, "educator"
also refers to paraprofessionals, aides, and substitute teachers.
(f) "Inappropriate" is conduct or
communication not suitable for an educator to have with a student. It goes
beyond the bounds of an educator-student relationship.
(g) "Physical abuse" is physical interaction
resulting in a reported or visible bruise or injury to the student.
(h) "Student" is any individual enrolled in
the state's public, or private schools from preschool through grade 12 or any
individual under the age of 18. For the purposes of the Code of Ethics for
Educators, the enrollment period for a graduating student ends on August 31 of
the school year of graduation.
(3)
Standards.
(a) Standard 1:
Legal Compliance
- An educator shall abide by federal, state, and local laws and statutes.
Unethical conduct includes but is not limited to the commission or conviction
of a felony or of any crime involving moral turpitude; of any other criminal
offense involving the manufacture, distribution, trafficking, sale, or
possession of a controlled substance or marijuana as provided for in Chapter 13
of Title 16; or of any other sexual offense as provided for in Code Section
16-6-1 through
16-6-17,
16-6-20,
16-6-22.2, or
16-12-100; or any other laws
applicable to the profession. As used herein, conviction includes a finding or
verdict of guilty, or a plea of nolo contendere, regardless of whether an
appeal of the conviction has been sought; 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.
(b) Standard 2:
Conduct with
Students - An educator shall always maintain a professional relationship
with all students, both in and outside the classroom. Unethical conduct
includes but is not limited to:
1. Committing
any act of child abuse, including physical and verbal abuse;
2. Committing any act of cruelty to children
or any act of child endangerment;
3. Committing any sexual act with a student
or soliciting such from a student;
4. Engaging in or permitting harassment of or
misconduct toward a student;
5.
Soliciting, encouraging, or consummating an inappropriate written, verbal,
electronic, or physical relationship with a student;
6. Furnishing tobacco, alcohol, or
illegal/unauthorized drugs to any student; or
7. Failing to prevent the use of alcohol or
illegal or unauthorized drugs by students under the educator's supervision
(including but not limited to at the educator's residence or any other private
setting).
(c) Standard 3:
Alcohol or Drugs - An educator shall refrain from the use of
alcohol or illegal or unauthorized drugs during the course of professional
practice. Unethical conduct includes but is not limited to:
1. Being on school or Local Unit of
Administration (LUA)/school district premises or at a school or a LUA/school
district-related activity while under the influence of, possessing, using, or
consuming illegal or unauthorized drugs; and
2. Being on school or LUA/school district
premises or at a school-related activity involving students while under the
influence of, possessing, or consuming alcohol. A school-related activity
includes, but is not limited to, any activity sponsored by the school or school
system (booster clubs, parent-teacher organizations, or any activity designed
to enhance the school curriculum i.e. Foreign Language trips, etc.).
(i) For the purposes of this standard, an
educator shall be considered "under the influence" if the educator exhibits one
or more of the following indicators, including but not limited to: slurred
speech, enlarged pupils, bloodshot eyes, general personality changes, lack of
physical coordination, poor motor skills, memory problems, concentration
problems, etc.
(d) Standard 4:
Honesty - An
educator shall exemplify honesty and integrity in the course of professional
practice. Unethical conduct includes but is not limited to, falsifying,
misrepresenting, or omitting:
1. Professional
qualifications, criminal history, college or staff development credit and/or
degrees, academic award, and employment history;
2. Information submitted to federal, state,
local school districts and other governmental agencies;
3. Information regarding the evaluation of
students and/or personnel;
4.
Reasons for absences or leaves;
5.
Information submitted in the course of an official inquiry/investigation;
and
6. Information submitted in the
course of professional practice.
(e) Standard 5:
Public Funds and
Property - An educator entrusted with public funds and property shall
honor that trust with a high level of honesty, accuracy, and responsibility.
Unethical conduct includes but is not limited to:
1. Misusing public or school-related
funds;
2. Failing to account for
funds collected from students or parents;
3. Submitting fraudulent requests or
documentation for reimbursement of expenses or for pay (including fraudulent or
purchased degrees, documents, or coursework);
4. Co-mingling public or school-related funds
with personal funds or checking accounts; and
5. Using school or school district property
without the approval of the local board of education/governing board or
authorized designee.
(f)
Standard 6:
Remunerative Conduct - An educator shall maintain
integrity with students, colleagues, parents, patrons, or businesses when
accepting gifts, gratuities, favors, and additional compensation. Unethical
conduct includes but is not limited to:
1.
Soliciting students or parents of students, or school or LUA/school district
personnel, to purchase equipment, supplies, or services from the educator or to
participate in activities that financially benefit the educator unless approved
by the local board of education/governing board or authorized
designee;
2. Accepting gifts from
vendors or potential vendors for personal use or gain where there may be the
appearance of a conflict of interest;
3. Tutoring students assigned to the educator
for remuneration unless approved by the local board of education/governing
board or authorized designee; and
4. Coaching, instructing, promoting athletic
camps, summer leagues, etc. that involves students in an educator's school
system and from whom the educator receives remuneration unless approved by the
local board of education/governing board or authorized designee. These types of
activities must be in compliance with all rules and regulations of the Georgia
High School Association.
(g) Standard 7:
Confidential
Information - An educator shall comply with state and federal laws and
state school board policies relating to the confidentiality of student and
personnel records, standardized test material and other information. Unethical
conduct includes but is not limited to:
1.
Sharing of confidential information concerning student academic and
disciplinary records, health and medical information, family status and/or
income, and assessment/testing results unless disclosure is required or
permitted by law;
2. Sharing of
confidential information restricted by state or federal law;
3. Violation of confidentiality agreements
related to standardized testing including copying or teaching identified test
items, publishing or distributing test items or answers, discussing test items,
violating local school system or state directions for the use of tests or test
items, etc.; and
4. Violation of
other confidentiality agreements required by state or local policy.
(h) Standard 8:
Required
Reports - An educator shall file with the GaPSC reports of a breach of
one or more of the standards in the Code of Ethics for Educators, child abuse
(O.C.G.A. §
19-7-5), or any other required
report. Unethical conduct includes but is not limited to:
1. Failure to report to the GaPSC all
requested information on documents required by the GaPSC when applying for or
renewing any certificate with the GaPSC;
2. Failure to make a required report of an
alleged or proven violation of one or more standards of the Code of Ethics for
Educators of which they have personal knowledge as soon as possible but no
later than ninety (90) days from the date the educator became aware of an
alleged breach unless the law or local procedures require reporting sooner;
and
3. Failure to make a required
report of any alleged or proven violation of state or federal law as soon as
possible but no later than ninety (90) days from the date the educator became
aware of an alleged breach unless the law or local procedures require reporting
sooner. These reports include but are not limited to: murder, voluntary
manslaughter, aggravated assault, aggravated battery, kidnapping, any sexual
offense, any sexual exploitation of a minor, any offense involving a controlled
substance and any abuse of a child if an educator has reasonable cause to
believe that a child has been abused.
(i) Standard 9:
Professional
Conduct - An educator shall demonstrate conduct that follows generally
recognized professional standards and preserves the dignity and integrity of
the education profession. Unethical conduct includes but is not limited to a
resignation that would equate to a breach of contract; any conduct that impairs
and/or diminishes the certificate holder's ability to function professionally
in his or her employment position; or behavior or conduct that is detrimental
to the health, welfare, discipline, or morals of students; or failure to
supervise a student(s).
(j)
Standard 10:
Testing - An educator shall administer state-mandated
assessments fairly and ethically. Unethical conduct includes but is not limited
to:
1. Committing any act that breaches Test
Security; and
2. Compromising the
integrity of the assessment.
(4)
Reporting.
(a) Educators are required to report a breach
of one or more of the Standards in the Code of Ethics for Educators as soon as
possible but no later than ninety (90) days from the date the educator became
aware of an alleged breach unless the law or local procedures require reporting
sooner. Educators should be aware of legal requirements and local policies and
procedures for reporting unethical conduct. Complaints filed with the GaPSC
must be in writing and must be signed by the complainant (parent, educator, or
other LUA/school district employee, etc.).
(b) The GaPSC notifies local and state
officials of all disciplinary actions. In addition, suspensions and revocations
are reported to national officials, including the National Association of State
Directors of Teacher Education and Certification (NASDTEC)
Clearinghouse.
(5)
Disciplinary Action.
(a) The
GaPSC is authorized to suspend, revoke, or deny certificates, to issue a
reprimand or warning, or to monitor the educator's conduct and performance
after an investigation is held and notice and opportunity for a hearing are
provided to the certificate holder. Any of the following grounds shall be
considered cause for disciplinary action against the educator:
1. Unethical conduct as outlined in The Code
of Ethics for Educators, Standards 1-10 (GaPSC Rule
505-6-.01);
2. Disciplinary action against a certificate
on grounds consistent with those specified in the Code of Ethics for Educators,
Standards 1-10 (GaPSC Rule
505-6-.01);
3. Order from a court of competent
jurisdiction or a request from the Department of Human Services that the
certificate should be suspended or the application for certification should be
denied for non-payment of child support (O.C.G.A. §
19-6-28.1 and §
19-11-9.3);
4. Suspension or revocation of any
professional license or certificate;
5. Violation of any other laws and rules
applicable to the profession (O.C.G.A. §
16-13-111); and
6. Any other good and sufficient cause that
renders an educator unfit for employment as an educator.
(b) An individual whose certificate has been
revoked, denied, or suspended may not serve as a volunteer or be employed as an
educator, paraprofessional, aide, substitute teacher or, in any other position
during the period of his or her revocation, suspension or denial for a
violation of The Code of Ethics for Educators. The superintendent and the
educator designated by the superintendent/Local Board of Education shall be
responsible for assuring that an individual whose certificate has been revoked,
denied, or suspended is not employed or serving in any capacity in their
district. Both the superintendent and the superintendent's designee must hold
GaPSC certification. Should the superintendent's certificate be revoked,
suspended, or denied, the Board of Education shall be responsible for assuring
that the superintendent whose certificate has been revoked, suspended, or
denied is not employed or serving in any capacity in their district.
(c) The GaPSC is authorized to determine no
probable cause as provided in O.C.G.A. §
20-2-984.4(e) and
§
20-2-984.5(e) if:
1. After a preliminary investigation is
concluded it is unlikely that there exists a preponderance of the evidence
necessary to prove at a hearing that a violation occurred; or
2. After a hearing the administrative law
judge makes a determination that there is not a preponderance of the evidence
necessary to prove that a violation occurred.
(d) The GaPSC is authorized to determine no
further action is necessary pursuant to O.C.G.A. §
20-2-984.5(a) if
after review of the report of the preliminary investigation, sanctions should
not be imposed.
(6)
Sanctions.
(a) As outlined in
O.C.G.A. §
20-2-984.5(c),
the GaPSC has the discretion to issue a probable cause sanction against an
educator. Common violations and associated sanctions can be found in the
accompanying GaPSC Guidance.
1. Denial is the
refusal to grant initial certification to an applicant for a
certificate;
2. Monitoring is the
quarterly appraisal of the educator's conduct by the GaPSC through contact with
the educator and his or her employer. As a condition of monitoring, an educator
may be required to submit
periodic criminal background check
(GCIC). The GaPSC specifies the length of the monitoring period;
3. Reprimand admonishes the certificate
holder for his or her conduct. The reprimand cautions that further unethical
conduct will lead to a more severe action;
4. Revocation is the permanent invalidation
of any certificate held by the educator. A Voluntary Surrender is equivalent to
and has the same effect as a revocation. A Voluntary Surrender shall
be
accepted and becomes effective upon receipt by the GaPSC;
5. Suspension is the temporary invalidation
of any certificate for a period of time specified by the GaPSC; and
6. Warning informs the certificate holder
that his or her conduct is unethical. The warning cautions that further
unethical conduct will lead to a more severe action.
(7)
Application
Procedures.
(a) "Yes" answers to
Personal Affirmation Questions (PAQs) require submission of information
identified in the accompanying GaPSC Guidance.
(b) With respect to an initial applicant, an
application and corresponding ethics case that is initiated pursuant to
O.C.G.A. §
20-2-984.3(c)
will automatically close and be placed on hold if the applicant fails to submit
requested documentation to the Ethics Division within 45 days of the request to
the applicant. The application will be placed on hold in anticipation of the
submission of a new application and the applicant's responding to any requests
for documentation in a timely fashion.