Ethical Leadership

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Georgia Professional Standards Commission
The Code of Ethics for Georgia Educators
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Legal Authority of the PSC Ethics Division
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20-2-984.1. Adoption of a Code of Ethics.

• (a)  It shall be the duty of the commission to
  adopt standards of performance and a code of
  ethics for educators which are generally
  accepted by educators of this state.  

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20-2-984.1. Adoption of a Code of Ethics.

• The standards of performance and code of ethics
  adopted by the commission shall be limited to
  professional performance and professional ethics.
   

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Definition of Educator

• 20-2-982.1.(2) "Educator" means teachers and
  school or school system administrators and other
  education personnel of this state who hold
  certificates, permits, or other certification
  documents issued by the Professional Standards
  Commission and persons who have applied for but
  have not yet received or have been denied such
  certificates, permits, or other certification
  documents from the Professional Standards
  Commission.  

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20-2-984.3. the commission shall be authorized
to investigate

1. Alleged violations by an educator of any law of
   this state pertaining to educators or the
   profession of education

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20-2-984.3. the commission shall be authorized
to investigate

• Alleged violations by an educator

(2) of the code of ethics of the commission
(3) of rules, regulations, policies or
(4) the standards of performance of the
commission or the state board
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20-2-984.3. the commission shall be authorized
to investigate

• (5) Complaints alleging that an educator has been
  convicted in the courts of this state or any
  other state, territory, or country or in the
  courts of the United States.

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20-2-984.3.(5) the commission shall be
authorized to investigate

• Complaints alleging that an educator has been
  convicted

• of any felony,
• of any crime involving moral turpitude,

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20-2-984.3.(5) the commission shall be
authorized to investigate

• Complaints alleging that an educator has been
  convicted

• 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

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20-2-984.3.(5) the commission shall be
authorized to investigate

• Complaints alleging that an educator has been
  convicted

• or of any other sexual offense as provided for in
  Code Sections 16-6-1 through 16-6-17 or Code
  Section 16-6-20, 16-6-22.2, or 16-12-100

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20-2-751.7.

• (d) (1)  The staff of the Professional Standards
  Commission shall be authorized, without
  notification to the Professional Standards
  Commission, to immediately open an investigation
  submitted to the commission by a local school
  superintendent, with approval of the local board
  of education, of a complaint by a student against
  an educator alleging a sexual offense,

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20-2-751.7.

• (d) (2) The Professional Standards Commission
  shall have on staff a minimum of one investigator
  specifically trained in investigating educator
  sexual misconduct. The investigation of any
  complaint of sexual misconduct shall be completed
  in no more than 60 days and shall be presented at
  the commission meeting immediately following the
  conclusion of the investigation.  

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20-2-751.7.

• (d) (3) If the Professional Standards
  Commission's review of the investigative report
  results in a sanction against the educator, the
  educator shall have the right to appeal the
  commission decision to a hearing before an
  administrative law judge within 90 days of such
  sanction.   

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The Code of Ethics for
Georgia Educators
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Standard 1
An educator shall abide by federal, state, and
local laws and statutes.
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Legal Compliance

• Unethical conduct includes but is not limited to
  the commission or conviction of
• a felony or any crime involving moral turpitude.
• any criminal offense involving a controlled
  substance or marijuana.
• any sexual offense specified in Code Section
  16.
• any laws applicable to the profession.

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Reporting the COMMISSION of a
Criminal Offense
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20-2-984.2. Requests by Local Boards for
Investigation of Criminal Offenses

• (a)  Superintendents, associate or assistant
  superintendents, or directors of personnel shall
  make an immediate written report to the local
  board of education upon receiving a written
  report that any school system educator employed
  by the local unit of administration has committed
  any of the following specifically identified
  crimes  

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20-2-984.2. Requests by Local Boards for
Investigation of Criminal Offenses

• Murder, voluntary manslaughter, aggravated
  assault, aggravated battery, or kidnapping,
• Any sexual offense,
• Any sexual exploitation of a minor
• Any offense involving marijuana or a controlled
  substance
• Any offense involving theft
• Unlawfully operating a motor vehicle after being
  declared a habitual violator

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20-2-984.2. Requests by Local Boards for
Investigation of Criminal Offenses

• (b) If the local board of education determines
  that the matters warrant investigation, then
  the local board of education shall transmit
  such report to the commission with a request for
  investigation.

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20-2-984.2. Requests by Local Boards for
Investigation of Criminal Offenses

• The reporting administrator and the local board
  of education shall have a good faith, reasonable
  basis to believe that the incident occurred or
  evidence exists and shall, in the written report,
  set forth such basis and detail the nature of the
  incident, evidence, and names of any and all
  known witnesses.

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20-2-984.2. Requests by Local Boards for
Investigation of Criminal Offenses

• (c)  The willful failure of any such local school
  system administrator to comply with this Code
  section shall be grounds for the imposition on
  the administrator of any of the disciplinary
  actions set forth in Code Section 20-2-984.5.  

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ClearanceCriteria
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• Guidelines for a Clearance
• Misdemeanor convictions that do not involve moral
  turpitude, except in cases involving sexual
  misconduct and drug related convictions of
  CERTIFIED educators.
• Convictions prior to the age of 18, except in
  cases involving sexual misconduct or crimes
  specified in O.C.G.A. 15-11-28 murder,
  voluntary manslaughter, rape, aggravated sodomy,
  aggravated child molestation, aggravated sexual
  battery, or armed robbery if committed with a
  firearm.

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• Guidelines for a Clearance
• Misdemeanor bad check convictions involving three
  or fewer convictions with no more than one
  occurrence within the last ten years or after
  initial certification.
• One shoplifting conviction more than ten years
  old or prior to initial certification.
• Criminal acts not related to any other authorized
  area of investigation where criminal charges were
  dropped or dismissed.

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• Guidelines for a Clearance
• Minor traffic-related incidents.
• Affirmative answers in error..
• Reports of termination from employment (prior to
  initial certification) that do not involve a
  felony, a crime of moral turpitude or breach of
  any professions code of ethics.

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• Guidelines for a Clearance
• NASDTEC entries of sanctions that would not be a
  violation of the Code of Ethics for Georgia
  Educators
• School Systems reports involving non-disclosure
  of criminal histories or misrepresentation by
  educators in which the school system is not able
  to document the allegations of misrepresentation.

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Standard 2
An educator shall always maintain a professional
relationship with all students, both in and
outside the classroom.
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• A STUDENT is anyone
• enrolled in a Georgia public or private school
  from preschool through grade 12, or
• anyone under the age of 18.

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For the purposes of the Code of Ethics, the
enrollment period for a graduating student ends
on August 31 of the year of graduation.
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Unethical Conduct with Students Includes

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 a student
   on the basis of race, gender, sex, national
   origin, religion or disability
5. soliciting, encouraging, or consummating an
   inappropriate written, verbal, electronic, or
   physical relationship with a student
6. furnishing tobacco, alcohol, or drugs to any
   student, or

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Unethical Conduct with Students Includes

• failing to prevent the use of alcohol or
  illegal/unauthorized drugs by students who are
  under the educators supervision (including but
  not limited to at the educators residence or any
  other private setting).

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Standard 3

• Alcohol or Drugs

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Standard 3
An educator shall refrain from the use of alcohol
or illegal or unauthorized drugs during the
course of professional practice.
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Drugs

• Unethical conduct includes but is not limited to
• being on school premises or at a school-related
  activity while under the influence of,
  possessing, using, or consuming illegal or
  unauthorized drugs

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Illegal and Unauthorized Drugs are Always Illegal
and Unauthorized.
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Alcohol

• Unethical conduct includes but is not limited to
• being on school premises or at a school-related
  activity involving students while under the
  influence of, possessing, or consuming alcoholic
  beverages.

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• 20-2-984.1. The code of ethics shall be
  limited to professional performance and
  professional ethics.  

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Georgia's Legal Definitions for "Under the
Influence"

• An alcohol concentration of 0.08 grams or more at
  any time within three hours.
• Driving - O.C.G.A. 40-6-391 and Discharging
  Firearm - O.C.G.A. 16-11-134
• An alcohol concentration of 0.10 grams or more at
  any time within three hours.
• Operation of Watercraft - O.C.G.A. 52-7-12 and
  Hunting - O.C.G.A. 27-3-7
• 0.04 percent or more by weight of alcohol in a
  person's blood, breath, or urine.
• Driving a Commercial Vehicle - O.C.G.A. 40-6-391

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Georgia's Legal Definitions for "NOT Under the
Influence"

• If there was a blood alcohol concentration of
  0.05 grams or less, it shall be presumed that the
  person was not under the influence of alcohol.
• O.C.G.A. 40-6-392 Driving
• O.C.G.A. 52-7-12. Operation of Watercraft
• O.C.G.A. 27-3-7 Hunting

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Possession

• Possession of a CONTAINER of alcoholic beverage
  (not in the blood stream).
• DO NOT DISCARD the evidence!

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Standard 4

• Honesty

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Standard 4
An educator shall exemplify honesty and integrity
in the course of professional practice.
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Honesty

• Unethical conduct includes but is not limited to
  falsifying, misrepresenting, or omitting
• professional qualifications, criminal history,
  college or staff development credit and/or
  degrees, academic award, and employment history
• information submitted to federal, state, local
  school districts and other governmental agencies
• information regarding the evaluation of students
  and/or personnel
• reasons for absences or leaves
• information submitted in the course of an
  official inquiry/investigation and

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Honesty

• Unethical conduct includes but is not limited to,
  falsifying, misrepresenting, or omitting
• 6. information submitted in the course of
  professional practice.

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SickLeave
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SICK AND PERSONAL LEAVE

• O.C.G.A. 20-2-850.
• Personnel may utilize sick leave upon the
  approval of the local school superintendent or an
  appointed designee for absence due to illness or
  injury or necessitated by exposure to contagious
  disease or to illness or death in the immediate
  family

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SICK AND PERSONAL LEAVE

• O.C.G.A. 20-2-851.
• During any school year, personnel may utilize up
  to a maximum of three days of any accumulated
  sick leave for the purpose of absenting
  themselves from their duties for personal or
  professional reasons if prior approval of their
  absence is given by the local school
  superintendent or his authorized representative
  provided, however, that the absence is not in
  conflict with a local board of education policy
  concerning school days on which the presence of
  the personnel requesting absence is essential for
  effective school operation

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SICK AND PERSONAL LEAVE

• FTE Funding for
• Sick and Personal Leave
• 8 days are funded at 18.75 per day for each
  teacher on the FTE report.
• No sick leave funding is included for other
  positions.
• 8 days _at_ 18.75 per day 150.00

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ChangingGrades
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• Grade Integrity Act O.C.G.A. 20-2-989.20
• (a) No classroom teacher shall be required,
  coerced, intimidated, or disciplined in any
  manner by the local board of education,
  superintendent, or any local school administrator
  to change the grade of a student. This subsection
  shall not apply when a teacher has failed to
  comply with grading policies or rules adopted by
  the local board of education or written
  procedures established by an individual school
  that are applicable to the grading process,
  unless such policy, rule, or procedure would
  require a student be given a grade different than
  the actual grade achieved.

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• Grade Integrity Act O.C.G.A. 20-2-989.20
• (b) Nothing in this Code section shall be
  construed to prevent a principal or other local
  school administrator from discussing the grade of
  a student with a classroom teacher.
• (c) Nothing in this Code section shall be
  construed to prevent a central office
  administrator, superintendent, or local school
  administrator from changing a student's grade.
  Any grade change made by a person other than the
  classroom teacher must be clearly indicated in
  the student's school records and must indicate
  the person responsible for making such grade
  change.

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• Grade Integrity Act O.C.G.A. 20-2-989.20
• Violation of the above law would be grounds for a
  suspension. The administrator should inform any
  teacher whose grades were changed, should
  document, in the students file, the reasons and
  the justification for the grade change.

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• Posting Student Grades Under the Name of Another
  Teacher
• In order to meet NCLB/AYP requirements, some
  administrators are posting student grades under
  the name of teachers who do not provide the
  primary or direct instruction to students. This
  is clearly a violation of the HONESTY and
  Public Funds and Property Standards of the
  Georgia Code of Ethics for Educators.

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Standard 5

• Public Funds Property

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Standard 5
An educator entrusted with public funds and
property shall honor that trust with a high level
of honesty, accuracy, and responsibility.
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Public Funds Property

• Unethical conduct includes but is not limited to
• misusing public or school-related funds
• failing to account for funds collected from
  students or parents
• submitting fraudulent requests or documentation
  for reimbursement of expenses or for pay
• co-mingling public or school-related funds with
  personal funds or checking accounts and
• using school property without the approval of the
  local board of education/governing board or
  authorized designee.

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Booster Clubs Coaches or Music Directors
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• I. If the Booster Club is operating as a 501c3
  non-profit corporation, has its own Tax
  Identification Number and is registered and
  approved with the IRS as a non-profit
• A. Treatment of Perks and Benefits to Educators
  - The Booster Club is responsible for all record
  keeping and tax notification and the Educator is
  responsible for reporting the additional income
  on their tax return. This would include the use
  of any vehicle owned or leased by the Booster
  Club.
• B. Camp Income to Coaches - If the Educator is
  conducting a camp and the funds are run through
  the Booster Club, the same conditions as above
  would apply.
• Notegt If a Booster Club is operating as a true
  501c3 non-profit and they file a tax return, that
  return is open for public inspection and you can
  request a copy of the return from the
  organization. Superintendents should require that
  Booster Clubs submit a copy of this form each
  year to verify compliance. A copy of this report
  in the file clears the superintendent of
  responsibility for actions of the club if illegal
  actions are reported.

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• II. If the Booster Club has not filed as a
  non-profit or has filed as a non-profit, but is
  using the School Systems Tax Identification
  Number
• A. Treatment of Perks and Benefits to Educators
  - All liability for record keeping, tax reporting
  and 1099 Misc reporting to Educators falls on the
  School System. The Educator is still responsible
  for his or her own taxes, but it is the
  responsibility of the school system to perform
  all the record keeping and tax reporting.
• B. Camp Income to Educators - If the coaches are
  running the camp income through the Booster Club
  (i.e. using their checking account) and they are
  operating under the School Systems Tax
  identification Number, all record keeping and tax
  reporting falls under the School System.
• Notegt If Booster Clubs are not operating as a
  true 501c3 non-profit organization, it is the
  responsibility of the superintendent to assure
  that the school system is performing all record
  keeping and tax reporting functions.

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• If an Educator is operating a camp and the income
  is run through his/her personal checking account,
  all liability for income tax reporting falls on
  the Educator.
• The Educator must have system approval for camps
  or lessons involving school facilities, equipment
  or students in the educators classes or school.

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Standard 6

• Remunerative Conduct

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Standard 6
An educator shall maintain integrity with
students, colleagues, parents, patrons, or
businesses when accepting gifts, gratuities,
favors, and additional compensation.
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Remunerative Conduct

• Unethical conduct includes but is not limited to
• soliciting students or parents of students 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
• accepting gifts from vendors or potential vendors
  for personal use or gain where there may be the
  appearance of a conflict of interest
• tutoring students assigned to the educator for
  remuneration unless approved by the local board
  of education/governing board or superintendent or
  authorized designee and
• coaching, instructing, promoting athletic camps,
  summer leagues, etc. that involves students in an
  educators school system and from whom the
  educator receives remuneration unless approved by
  the local board of education/governing board or
  the superintendent authorized designee. These
  types of activities must be in compliance with
  all rules and regulations of the Georgia High
  School Association.

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Standard 7

• Confidential Information

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Standard 7
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.
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Confidential Information

• Annual performance evaluation records of school
  personnel
• Health services provided to an insured
• Identifiable individual student performance data,
  information and reports
• School records of students with disabilities
• A student's education record

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Standard 8

• Abandonment of Contract

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Standard 8
An educator shall fulfill all of the terms and
obligations detailed in the contract with the
local board of education or education agency for
the duration of the contract.
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Abandonment of Contract

• Unethical conduct includes but is not limited to
• abandoning the contract for professional services
  without prior release from the contract by the
  employer, and
• willfully refusing to perform the services
  required by a contract.

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Clearance Guidelines for Abandonment of Contract
Cases The Educator submitted a letter of
resignation on or before May 1 proceeding the
contract year or by June 1, 2009 for school year
2009-2010 only. Proposed Extension
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Clearance Guidelines for Abandonment of Contract
Cases The Educator resigns during the contract
year for one of the following reasons and works
with the school system to facilitate a smooth
transition of professional duties

• Documented personal health problems or family
  medical problems that require the educators full
  time care and attention
• A family situation that requires a move out of
  reasonable commuting distance of the contracted
  position.
• A documented spousal transfer and relocation out
  of reasonable commuting distance of the
  contracted position.
• A documented promotion within the field of
  education.
• The school system was forced to reduce the
  educators salary due to documented loss of
  financial support caused by an unexpected
  economic downturn (including state requested
  furloughs).

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Clearance Guidelines for Abandonment of Contract
Cases The Educator/Administrator was forced to
recommend that the local board of education
reduce the salaries of educators in the system
due to documented loss of financial support
caused by an unexpected economic downturn
(including state requested furloughs), and the
Educator/Administrator works with educators
seeking release from their contract to facilitate
a smooth and timely transition of professional
duties.
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Standard 9

• Required Reports

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Standard 9
An educator shall file reports of a breach of one
or more of the standards in the Code of Ethics
for Educators, child abuse, or any other required
report.
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Required Reports

• Unethical conduct includes but is not limited to
• failure to report all requested information on
  documents required by the Commission when
  applying for or renewing any certificate with the
  Commission.
• failure to make a required report of a 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
• failure to make a required report of any
  violation of state or federal law 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.

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UnsatisfactoryEvaluations
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Standard 10

• Professional Conduct

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Standard 10
An educator shall demonstrate conduct that
follows generally recognized professional
standards and preserves the dignity and integrity
of the teaching profession.
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Professional Conduct

• Unethical conduct includes but is not limited to
  
• any conduct that impairs and/or diminishes the
  certificate holders ability to function
  professionally in his or her employment position,
  or
• a pattern of behavior or conduct that is
  detrimental to the health, welfare, discipline,
  or morals of students.

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Standard 11

• Testing

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Standard 11
An educator shall administer state mandated
assessments fairly and ethically.
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Testing

• Unethical conduct includes but is not limited to
• committing any act that breaches Test Security
  and
• compromising the integrity of the assessment.

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Superintendents RoleThe Superintendent has
ultimate responsibility and accountability for
all testing activities within the local school
system.

• Develops local policies and procedures based on
  Georgia Department of Education guidelines and
  test publishers directions to maintain test
  security.
• Supervises and monitors Principals to ensure that
  they fulfill their specific roles and
  responsibilities for the administration of tests.

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Superintendents RoleThe Superintendent has
ultimate responsibility and accountability for
all testing activities within the local school
system.

• Ensures that all personnel involved with testing
  receive training on appropriate test
  administration, policies, and procedures
  including accommodations for each assessment
  given.
• Informs the local Board of Education, state test
  coordinator and Professional Standards Committee
  of any breach of security by employees of the
  system.

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The Principals Role
The principal is ultimately responsible and
accountable for all testing activities in the
school.

• Ensures test security within the building.
• Ensures distribution of test materials occurs
  immediately prior to testing.
• Supervises all testing activities.
• Ensures that all school personnel have been
  appropriately trained on test administration,
  procedures, and polices.

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The Principals Role
The principal is ultimately responsible and
accountable for all testing activities in the
school.

• Ensures that documented accommodations (IEP, IAP,
  TPC) have been given to only those students who
  appropriately need them.
• Implements system and school testing policies and
  procedures to ensure all students are tested
  fairly and appropriately.
• Reports immediately any breach of security to the
  Superintendent.

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Other Grounds for Disciplinary Action against a
Certificate

• 1. unethical conduct as outlined in The Code of
  Ethics for Educators, Standards 1-11
• 2. disciplinary action against a certificate in
  another state on grounds consistent with those
  specified in the Code of Ethics for Educators
• 3. order from a court or a request from DHR that
  a certificate be suspended or denied for
  non-payment of child support

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Other Grounds for Disciplinary Action against a
Certificate

• 4. notification from the GHEAC that the educator
  is in default and not in satisfactory repayment
  status on a student loan
• 5. suspension or revocation of any professional
  license or certificate
• 6. violation of any other laws and rules
  applicable to the profession and
• 7. any other good and sufficient cause that
  renders an educator unfit for employment as an
  educator

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Enforcing Sanctions

• The superintendent and the superintendents
  designee for certification 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
  superintendents designee must hold GAPSC
  certification.

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ClearanceCertificates
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• O.C.G.A. 20-2-211.1.(a) As used in this Code
  section, the term
• (1) 'Clearance certificate' means a certificate
  issued by the Professional Standards Commission
  that verifies that an educator has completed
  fingerprint and criminal background check
  requirements as specified in this Code section
  and that the individual does not have a
  certificate that is currently revoked or
  suspended in Georgia or any other state

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• O.C.G.A. 20-2-211.1.(a) As used in this Code
  section, the term
• (1) provided, however, that additional
  fingerprinting shall not be required for renewal
  of a clearance certificate or for educators who
  possess a professional educator certificate as of
  January 1, 2011. A clearance certificate shall be
  a renewable certificate valid for five years.
  Clearance certificates shall be subject to fees
  in accordance with subsection (e) of Code Section
  20-2-200.

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• (b)(1) On and after January 1, 2011, all
  educators employed by a local unit of
  administration shall hold a valid clearance
  certificate provided, however, that an educator
  who possesses a professional educator certificate
  as of January 1, 2011, shall not be required to
  obtain a clearance certificate until his or her
  professional educator certificate is up for
  renewal.

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• (2) Any other Code sections to the contrary
  notwithstanding, educators holding a valid
  clearance certificate shall be subject to the
  code of ethics for educators as established
  pursuant to Code Section 20-2-984.1 and shall be
  subject to Code Sections 20-2-984, 20-2-984.2,
  20-2-984.3, 20-2-984.4, and 20-2-984.5.

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• O.C.G.A. 20-2-82 (e) relating to contract terms
  for local school systems requesting flexibility,
  as follows The state board shall not be
  authorized to waive or approve variances on any
  federal, state, and local rules, regulations,
  court orders, and statutes relating to the
  protection of the physical health and safety of
  school students or the requirements of Code
  Section 20-2-211.1."
• O.C.G.A. 20-2-244, relating to waivers to
  improve student performance, as follows (b) The
  State Board of Education is not authorized to
  waive any federal, state, and local rules,
  regulations, court orders, and statutes relating
  to the protection of the physical health and
  safety of school students or the requirements of
  Code Section 20-2-211.1.
• O.C.G.A. 20-2-2065 (b) the local board and
  state board shall ensure that a charter school,
  or for charter systems, each school within the
  system, shall be (12) Subject to the provisions
  of Code Section 20-2-211.1 relating to
  fingerprint and criminal background checks."

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