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Herdman & Vicari, P.A.

Has the Florida Department of Education opened an investigation against your Educator Certificate?


Florida Teacher License Defense Lawyer, Education Law
Florida Teacher Law--Educator Certificate Defense


If you have received a letter from the Florida Department of Education alleging educator misconduct, please know you have options. You have worked hard to obtain your teaching certificate—Receiving this letter stating that disciplinary action could be pursued against your teaching certificate is no doubt a scary proposition.


Our education law firm has been representing licensed teachers for decades—We are thoroughly familiar with each step of the process and can assist you in defending your license and career. The best time to contact one of our teaching license defense lawyers is as early in the process as possible. Our experienced attorneys will guide you through each step and explain how best to defend your certificate.


What does an investigation by the Office of Professional Practices Services entail?


The Office of Profession Practices Services is tasked with investigating alleged misconduct by Florida certified educators to determine if disciplinary actions should be pursued against a Florida Educator Certificate.


Once the Office of Professional Practices Services (OPPS) receives a complaint of misconduct (typically from your school district or employer), it is reviewed for legal sufficiency. If determined to be legally sufficient, an investigator with the Department of Education will be assigned to begin investigating the specific allegation(s).


OPPS will inform you they are conducting an investigation and will provide you with a brief statement of the alleged misconduct. For example, you may receive a letter stating, “Following receipt of a complaint, this office has determined an investigation is warranted into allegations that you left your students unattended for approximately 20 minutes.” At this point, it is important for to you discuss with an experienced education attorney, what, if any, documentation/information should be provided to the OPPS. Caution: It is just as important not to over disclose information!


The Department of Education investigator will conduct an investigation which may include a school visit, interviews with witnesses and alleged victims, reviewing school files and surveillance videos, retrieving court documents, etc.


When an investigation is completed, the educator (or license defense attorney) is provided an opportunity to review the investigation and respond to the allegations. Caution: Any statements you make can be used against you! Another reason to have an experienced education attorney deal with the Florida Department of Education investigator.


This opportunity to review and respond to the investigation is called the informal conference. If appropriate, we can craft a response and mitigation package to be sent to the Commissioner of Education before a decision is made.


The investigative materials are sent to and reviewed by the Department of Education attorneys and presented to the Commissioner of Education who determines if the educator’s conduct warrants disciplinary action against the educator’s certificate. Our objective is for the Commissioner of Education to make a “No Probable Cause” determination and dismiss the case.


I received a “Probable Cause” determination letter—Now what?


If the Commissioner of Education finds probable cause exists to justify sanctions against your Florida Educator Certificate, you will be provided an Election of Rights (appeal) form. It is imperative that you speak with an experienced education lawyer to discuss your options.


One option is to fight the accusations in trial before a judge (formal hearing) and hold the Department of Education to their burden of proving educator misconduct. With this option, we would have an opportunity to conduct discovery, subpoena witnesses, call expert witnesses, set depositions, and you would have the right to testify and call witnesses at the trial. Another option is to negotiate a favorable resolution with the Department of Education and/or the Education Practices Commission.


This article is a very brief overview of the Florida educator certification defense process with the Department of Education. There are many other nuances and defenses that will be discussed. This article is not meant to be relied upon as legal advice. Please seek our experienced education attorneys for the most relevant information based upon your unique circumstance. Contact us via email on our Contact Page for a free consultation.

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