Licensure Code of Professional Conduct for Ohio Educators LCPCOE

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Licensure Code of Professional Conduct for Ohio
Educators (LCPCOE)
Office of Educator Standards
Office of Professional Conduct
Summer 2008
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Licensure Code of Professional Conduct for Ohio
Educators

• House Bill 190
• November 2007
• 90 days for the ESB to complete Code of Conduct
• ESB created a writing team of 6 members
• Writing team held several meetings between Nov.
  and Jan.
• Posted on ODE Web site for feedback, public
  hearing
• Completed by the end of January 2008 and the ESB
  made the recommendation to the State Board of
  Education

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Licensure Code of Professional Conduct for Ohio
Educators

• Applies to all individuals licensed by the State
  Board of Education
• Educators entitled to due process
• Disciplinary guidelines are presumptive ranges
• Aggravating and mitigating factors considered for
  each case
• Disciplinary guidelines only apply to licensure
  issues

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Reporting Educator Conduct
Code of Conduct

• Does not change reporting requirements of HB 79
  (i.e. what to report and when to report)
• HB 428 changed mandated reporters from school
  boards/governing entities to individuals
  (superintendents, directors, etc.)
• Mandated reporters now subject to criminal
  penalties and licensure discipline for failure to
  report misconduct as required by HB 79

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What to Report ? (HB 79 requirements)
Per R. C. 3319.313, superintendents, directors,
etc. required to report to ODE if

• educator convicted of a criminal offense listed
  in R.C. 3319.31 or R.C. 3319.39
• termination/non-renewal proceedings initiated due
  to conduct unbecoming
• educator resigned under threat of
  termination/non-renewal
• educator resigned in the course of investigation

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Principle 1 Professional Behavior
Educators shall behave as professionals realizing
that their actions reflect directly on the status
and substance of the education profession.

• Conduct unbecoming
• Failing to adhere to code of conduct
• Violating state or federal laws
• Failing to complete a required background check
• Violating achievement test protocols
• Inappropriate use of technology

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Principle 2Professional Relationships with
Students

• Educators shall maintain a professional
  relationship with all students at all times, both
  in and out of the classroom.

• Conduct unbecoming
• Sexual abuse/sexual conduct
• Child endangerment, physical abuse, emotional
  abuse
• Inappropriate relationship
• Using inappropriate language
• Failing to provide appropriate supervision

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Principle 3 Accurate Reporting
Educators shall accurately report information
required by the local board of education or
governing board, state education agency, federal
agency or state or federal law.

• Conduct unbecoming
• Falsifying, misrepresenting, omitting or being
  negligent in reporting information
• Failing to report to superintendent conduct of an
  educator that places students at risk
• Failing to make a mandated report

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Principle 4 Criminal Acts

• Educators shall adhere to federal, state and
  local laws and statutes.

• Conduct unbecoming
• Absolute bar offenses (per OAC 3301-20-01)
• Rehabilitation offenses (per OAC 3301-20-01)
• Offenses involving students, minors or school
  community

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Principle 5 Confidentiality

• Educators shall comply with state and federal
  laws related to maintaining confidential
  information.

• Conduct unbecoming
• Violating student confidentiality as required by
  law
• Using confidential information in an
  unprofessional way

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Principle 6 Use, Possession, or Unlawful
Distribution of Alcohol, Drugs and Tobacco

• Educators shall not use, possess or unlawfully
  distribute illegal or unauthorized drugs.
  Educators shall not use alcohol during any school
  activity involving students, minors or underage
  persons. Educators shall not use tobacco during
  any school activity except in a designated area.
  Educators shall not furnish, provide or encourage
  students or underage persons to use, possess or
  unlawfully distribute alcohol, tobacco, illegal
  or unauthorized drugs.

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Principle 6 Use, Possession, or Unlawful
Distribution of Alcohol, Drugs and Tobacco

• Conduct unbecoming
• Using illegal or unauthorized drugs
• Being under the influence or using alcohol in an
  official capacity on school premises or at school
  activity involving students, minors or underage
  persons
• Furnishing tobacco, alcohol or illegal/unauthorize
  d drugs to students, minors or underage persons

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Principle 7 Accepting Compensation for Self
Promotion or Personal Gain

• Educators shall ensure that school property,
  public funds or fees paid by students or the
  community are not used for personal gain.
  Educators shall not make decisions based upon
  gifts, gratuities, favors or the socioeconomic
  status of parents, family members, community
  members or businesses.

• Conduct unbecoming
• Accepting gifts over 25.00
• Failing to account for funds
• Co-mingling school funds with personal funds

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Principle 8 Commitment to Contract

• Educators shall fulfill all of the terms and
  obligations detailed in their employment contract
  with the local board of education or educational
  agency for the duration of the contract.

• Conduct unbecoming
• Termination of contract in violation of R.C.
  3319.15
• Willfully refusing to perform services required
  by contract

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Disciplinary Actions

• Case by case basis
• Presumptive range for each Principle
• Range is from a letter of admonishment to
  revocation or denial of a license

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Considerations

• Guidelines
• Common Sense approach
• Due Process rights

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HB 428 Updates

• Automatic Revocation of License
• Automatic Removal from Duties
• Rap Back
• Treatment in Lieu/Diversion Programs
• License Inactivation
• Licensure Changes

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• Questions?

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Contact Information

• Office of Professional Conduct
• Jim Miller, Director
• 614.466.5638
• Lori Kelly, Associate Director
• 614.995.3845