Current through Rules and Regulations filed through March 20, 2024
This Code is in three parts: "Canons," "Ethical Considerations"
and "Standards of Conduct," each of which is designed to complement the other.
"Canons" are the aspirations of the profession. Because they represent the
ideal, it is recognized that educators may fall short of these principles. The
"Ethical Considerations," although not themselves a binding code of conduct,
should be used by educators in interpreting the "Standards of Conduct" to
ensure that the educator always acts within the confines of ethical
professional behavior. The "Standards of Conduct" establish mandatory
prohibitions and requirements. These Standards are binding on educators.
Violation of these Standards may subject an educator to investigation by the
Professional Practices Commission and disciplinary action by the Professional
Standards Commission and/or by the local board of education.
(a) Canon I: An Educator Should Strive Always
to Improve the Educational System.
1.
Ethical Consideration: EC 1-1. An educator should develop and
maintain an effective educational relationship with all students, parents and
educators. To have an effective educational relationship with a student, an
educator must have an advanced knowledge, consistent with the educator's level
of formal training, of the area in which the educator is to perform
professional services and a strong desire to use that advanced knowledge and
training to improve educational opportunities for all students.
2.
Ethical Consideration: EC
1-2. The educational system is the institution through which educators
are able to teach students. The professional educator should support and work
to improve the educational system. An educator should work with colleagues,
either independently or through association with others, to assure necessary
improvement in educational services.
3.
Ethical Consideration: EC
1-3. Support of the educational system does not require uncritical
agreement with all educational and board policies. Constructive criticism
offered in a professional manner is an appropriate way to seek improvement of
the educational system. An educator should also respect the right of others to
exercise independent thought and to express constructive criticism in an
appropriate and professional manner.
4.
Ethical Consideration: EC
1-4. A supervisor should recognize the value of the views of colleagues
as to educational policy and, as appropriate, utilize other viewpoints in
shaping policy and making decisions.
5.
Ethical Consideration: EC
1-5. Educators fulfilling the role of judge or tribunal member
concerning actions of students or other educators should base their decisions
only on the evidence and information presented during formal hearings. While
serving as members of a tribunal, educators should avoid conduct which would
create the appearance of impropriety in their decision making. An educator
should never pressure, coerce or otherwise limit a colleague's expression of
professional opinion or judgment in a statutory or regulatory decision making
procedure, such as those required under federal and state special education
laws, or in response to an educator's testimony or evidence in any school
related due process forum.
(b) Canon II: An Educator Should Act to
Improve the Educator's Personal Abilities and to Improve the Educator's School
Environment.
1.
Ethical Consideration:
EC 2-1. An educator recognizes that continued study is necessary not
only to retain certification but also to maintain one's professional abilities.
An educator seeks continually to improve his/her proficiency. All educators
should endeavor to support and foster individual professional
improvement.
2.
Ethical
Consideration: EC 2-2. The beginning point in the support and
improvement of the educational system is the improvement of the educator's own
professional competence. Continued study, both formal and informal, is
necessary for the professional to maintain competence and improve skill. It is
only from a position of individual professional competence that the educator
can work effectively to support and improve the educational system.
3.
Ethical Consideration: EC
2-3. An effective employment relationship between the educator and the
local school system is essential to the educational relationship between
educator and student. Both contracting parties must interact honestly and in
good faith. An educator should not execute a contract he/she does not intend or
knows he/she will be unable to fulfill. An educator should not abandon the
professional duties the educator has contracted to deliver except in an
emergency beyond the control of the educator. An educator should be honest in
making application for employment. An educator should not assist anyone in
deceiving a supervisor, a board of education or other employer concerning that
person's credentials or qualifications.
(c) Canon III: An Educator should Always
Maintain a Proper Professional Relationship with Students and Colleagues.
1.
Ethical Consideration: EC
3-1. An effective educational relationship with students is essential to
a productive learning environment. The educator must develop and maintain this
relationship through sound educational practices and exemplary conduct. The
classroom must provide a climate in which learning can take place. An educator
should be creative in developing an effective educational relationship with
students. An educator truthfully and without bias evaluates and/or assigns
grades to students.
2.
Ethical Consideration: EC 3-2. An educator protects students from
conditions that are detrimental to learning, health, or safety. An educator who
has a reasonable basis to believe that a student has been abused as defined by
law should make such reports as are required by law and are necessary to ensure
the safety and well-being of the student.
3.
Ethical Consideration: EC
3-3. The educator should maintain an appropriate educational
relationship with all students, both in and outside the classroom. An educator
should never solicit, encourage or consummate a romantic or physical
relationship or sexual contact with any student, whether the student is over
the age of majority or is in the educator's class or school. An educator should
never touch a student in an inappropriate way or manner, either out of anger or
with an intent to harm the student or for personal gratification.
4.
Ethical Consideration: EC
3-4. In the administration of discipline and otherwise, an educator
treats all students with dignity and in compliance with all the policies of the
educator's employing school district.
5.
Ethical Consideration: EC
3-5. An educator does not disclose confidential information concerning
students except to preserve the health, safety and welfare of the students or
others, in emergency situations, as lawfully directed by a supervisor or as
otherwise required by law. Educational personnel respect and recognize the
confidentiality rights of students and others in accordance with provisions of
valid administrative regulations as well as state and federal statutes. Unless
authorized by statute, policy or at the lawful direction of his/her
supervisors, an educator should not destroy, remove or alter educational
records.
6.
Ethical
Consideration: EC 3-6. An educator should not accept any gift, gratuity,
favor or additional compensation which might impair or appear to impair or
influence professional decisions or actions. An educator, except as authorized
by his/her board of education, should not tutor for compensation a student in
the educator's class. An educator should never use position or influence to
profit personally from students, their families, or from colleagues.
(d) Canon IV: An Educator Should
Assist in Maintaining the Professional Competence of the Education Profession.
1.
Ethical Consideration: EC
4-1. Entry into the teaching profession is regulated by the
certification process of the Professional Standards Commission. The
Certification process is designed to maintain minimum competency standards for
the profession. The integrity of the profession is dependent upon the accuracy
of the credentials and information on which the certification determinations
are made.
2.
Ethical
Consideration: EC 4-2. An educator should provide accurate, truthful and
complete information to the Professional Standards Commission and to the local
school system concerning his/her certification transactions or satisfaction of
in-service or continuing education credit requirements. An educator should not
assist anyone or further the application of anyone in providing inaccurate or
untruthful information to the State Board of Education, the local school
system, the Professional Standards Commission or the Professional Practices
Commission concerning any individual's application or eligibility for
professional certification.
3.
Ethical Consideration: EC 4-3. An educator upon request should
provide any information he/she has to the Professional Standards Commission
and/or the Professional Practices Commission which would warrant or support the
suspension, revocation or denial of a certificate, license or teaching
credential of any other educator.
(e) Canon V: An Educator Should Assist in
Maintaining the Integrity of the Profession.
1.
Ethical Consideration: EC
5-1. Essential in maintaining the integrity of the teaching profession
is the upholding of the Code of Ethics for Educators and the Standards of
Professional Performance. All educators will seek to adhere to this Code and
the Standards and should be acquainted with the provisions of this
Code.
2.
Ethical
Consideration: EC 5-2. An educator is concerned with maintaining the
integrity of the teaching profession and should not tolerate actions of others
which violate the provisions of this Code. An educator who possesses knowledge
that another educator has violated the Standards of Conduct of this Code should
report such information to local educational authorities and to the
Professional Practices Commission.
3.
Ethical Consideration: EC
5-3. An educator should be accurate, complete and truthful in all
information submitted in the course of an investigation by a governmental
agency regarding students or colleagues; however, the educator is entitled to
refuse to give evidence against himself/herself which may tend to incriminate
the educator as defined by the Fifth Amendment to the U.S. Constitution and no
adverse inference may be drawn from the exercise of the right, except as may be
authorized by law.
4.
Ethical
Consideration: EC 5-4. When faced with a situation which may violate
this Code, an educator should seek the assistance and counsel of experienced
colleagues. In situations where there is any reasonable difference in the
opinions as to the meaning or interpretation of this Code, educators should
seek guidance from the Professional Practices Commission, before engaging in
the questioned activity.
(f) Canon VI: A Supervisor Should Exemplify
the Best Qualities of an Educator.
1.
Ethical Consideration: EC 6-1. The supervisor should be a leader
who articulates distinct goals and who displays the ability and authority
necessary to guide educators and students to work toward these goals. A
supervisor recognizes the value of those colleagues who seek to improve their
competence and supports their efforts within the capacities of the
system.
2.
Ethical
Consideration: EC 6-2. A supervisor serves as an educator through
example. A supervisor should be fair and consistent in exercising authority and
act with prudence and without arbitrariness or capriciousness. A supervisor
should not use authority to expose colleagues or subordinates to unwarranted
embarrassment or to otherwise impair their professional dignity. A supervisor
should truthfully and without bias evaluate educators. A supervisor should
endeavor to follow the legal requirements of due process, when applicable, in
disciplining subordinates and students. A supervisor should be honest in the
representations he/she makes to an educator applying for employment.
3.
Ethical Consideration: EC
6-3. A supervisor should not use his/her professional position for personal
gain or profit. A supervisor should never solicit or accept any gift, gratuity,
favor or additional compensation which might impair or appear to impair or
influence professional decisions or actions.
4.
Ethical Consideration: EC
6-4. A supervisor should not require or direct a colleague to violate
any provision of this code, or any rights of a student, parent, educator or
citizen. A supervisor should not assign or delegate to another educator
responsibility beyond the scope of that educator's qualifications and
credentials unless such delegation or assignment is otherwise authorized by
policy or required by law. A supervisor does not request or expect any teacher,
student or colleague to take action that the administrator knows or should know
is contrary to law.
5.
Ethical Consideration: EC 6-5. A supervisor should award or
recommend the award of positions to the employing governmental body on the
basis of law, policy, professional qualifications and/or the needs of the
system. A supervisor should never retaliate against, or coerce or intimidate
any educator for exercising of legal right or for adhering to any ethical
consideration or standard of conduct. A supervisor should not retaliate
against, or coerce or intimidate a colleague for his/her assistance or support
of a parent or of a student in the exercise of any right protected by
law.
(g)
Standards
of Conduct. The Standards of Conduct to be observed by educators are set
forth below. These Standards establish mandatory prohibitions and requirements.
These Standards are binding on educators. Any violation of these Standards may
subject an educator to investigation by the Professional Practices Commission
and disciplinary action by the Professional Standards Commission and/or by the
local board of education.
1.
Standard 1:
Disregard or Abandonment of Generally Recognized Professional Standards.
Any act in flagrant disregard or clear abandonment of generally recognized
professional standards, as adopted by this Commission pursuant to O.C.G.A
Section 20-2-795, in the course of any of the following professional practices
is an unethical act:
(i) Assessment,
treatment, instruction, or supervision of students;
(ii) Employment or evaluation of personnel;
or
(iii) Management of monies or
property.
2.
Standard 2: Dishonesty. An educator shall not engage in conduct
involving dishonesty, fraud, deceit, or misrepresentation in the performance of
professional duties.
3.
Standard 3: Misrepresentation or Falsification in the Course of
Professional Practice. Any falsification or deliberate
misrepresentation, including omission of a material fact by an educator
concerning any of the following is an unethical act:
(i) Statement of professional
qualifications;
(ii) Application or
recommendation for professional employment, promotion, or certification, not
including a recommendation pursuant to a settlement of disputed
facts;
(iii) Application or
recommendation for college or university admission, scholarship, grant,
academic award, or similar benefit;
(iv) Representation of completion of college
or staff development credit;
(v)
Evaluation or grading of students and/or personnel, not including an evaluation
or recommendation pursuant to a settlement of disputed facts;
(vi) Submission of financial or program
compliance reports submitted to state, federal or other governmental
agencies;
(vii) Submission of
information in the course of an official inquiry by the employing school
district or the Professional Practices Commission related to acts of
unprofessional conduct; provided, however, that an educator shall be entitled
to decline to give evidence against himself/herself if such evidence may tend
to incriminate the educator as that term is defined by the Fifth Amendment to
the United States Constitution and Article 1, Section 1, Paragraph 16 of the
Georgia Constitution; or
(viii)
Submission of information in the course of an investigation by a law
enforcement agency or by child protective services regarding school related
criminal activity; provided, however, that an educator shall be entitled to
decline to give evidence against himself/herself in any such investigation if
the same may tend to incriminate the educator as that term is defined by the
Fifth Amendment of the U.S. Constitution, and Article 1, Section 1, Paragraph
16 of the Georgia Constitution.
4.
Standard 4: Improper Remunerative
Conduct. The solicitation of students or parents of students to purchase
equipment, supplies, or services from the educator in a private remunerative
capacity is unethical. An educator shall not tutor for remuneration students
assigned to his/her classes, unless approved by the local board of education or
the superintendent. An educator shall not exploit professional relationships
with students, colleagues, parents, school patrons, businesses or school board
members for personal gain or private advantage.
5.
Standard 5: Abuse of
Students. Unethical conduct includes the commission by an educator of
any sexual exploitation or abusive act with or to a student as defined below:
(i) Any unlawful sexual act;
(ii) Any solicitation of any unlawful sexual
act, whether written, verbal or physical;
(iii) Any act of child abuse, as defined by
law;
(iv) Any act of sexual
harassment, as defined by law; or
(v) Any solicitation, encouragement or
consummation of a romantic or physical relationship with a student, or any
sexual contact with a student. The definition of the term "romantic
relationship" includes "dating" a student or otherwise being involved in an
inappropriate social relationship.
6.
Standard 6: Confidential
Information. An educator shall keep in confidence personally
identifiable information regarding students or their family members that has
been obtained in the course of professional service, unless disclosure is
required by law or is necessary for the personal safety of the student or
others.
7.
Standard 7:
Unconstitutional or Discriminatory Acts. Unethical conduct includes any
willful or malicious violation of the constitutional or civil rights of a
student or colleague by an educator.
8.
Standard 8: Failure to Make a
Required Report. Unethical conduct includes the failure by an educator
to make a report required by O.C.G.A. Section 20-2-795.1; Section
19-7-5 or
20-2-1184. Also included herein,
the failure by an educator to notify the Professional Practices Commission of a
professional colleague's conduct which clearly is in violation of the Standards
of Conduct as promulgated by the Professional Practices Commission or conduct
which constitutes a basis for the revocation, suspension or denial of the
educator's Georgia Educator Certificate.
9. Standard 9: Alcohol or Controlled
Substance Abuse. Unethical conduct includes:
(i) Being under the influence of, possessing,
using or consuming on school premises or at school-sponsored activity a
Schedule I controlled substance, as defined by O.C.G.A Section
16-13-25; or a Schedule II, III,
IV, or V controlled substance, as defined by O.C.G.A Sections
16-13-26 through
16-13-29, without a prescription
authorizing such use;
(ii) Being
under the influence of, possessing, using or consuming an alcoholic beverage on
school premises or at a school-sponsored activity involving students;
or
(iii) Furnishing alcohol or
controlled substance to any student(s). Unprofessional conduct includes the
unlawful furnishing of alcohol or a controlled substance(s), as defined in
O.C.G.A. Section
16-13-21, to any student by an
educator.
10.
Standard 10: Criminal Acts. Any act which constitutes a criminal
offense of moral turpitude, including misdemeanors other than minor traffic
offenses, or a felony under the laws of the United States or of any state is an
unethical act.
11.
Standard
11: Public Funds and Property. The misuse of public funds or property,
or funds of a school related organization by an educator is unethical. The
failure to account for funds collected by an educator from students or parents
is unethical. The fraudulent submission of requests for reimbursement of
expenses or for pay is unethical.
12.
Standard 12: Unauthorized
Professional Practice. Any act performed as an employee in a position
for which certification is required by rules of the Professional Standards
Commission during any period in which the individual's teaching, service, or
leadership certificate has been suspended or revoked.
13.
Standard 13: Abandonment of
Contract for Professional Services. Unethical conduct includes the
abandonment of a contract for professional services, or the willful refusal to
perform the services required by a contract, without the prior approval of the
employer, except in case of an emergency beyond the control of the
employee.
O.C.G.A. Sec.
20-2-795.