What should you do?
If you have been served with an administrative complaint, this means that following an investigation into allegations of misconduct, the Commissioner of Education determined there was probable cause to discipline your Florida Educator Certificate based on the charges detailed in the administrative complaint.
You have worked hard to become a teacher and it is certainly frightening to find out the Department of Education is committed to pursuing disciplinary action against your Florida Educator Certificate. It is important that you carefully read the administrative complaint and contact an education lawyer who has experience representing Florida teachers.
The administrative complaint will delineate the material allegations against you and what statute or rule violations the Commissioner of Education has alleged you have committed. Typical statute and rule violations alleged by the Commissioner are:
Being found guilty of personal conduct which seriously reduces your effectiveness as an employee of the school board
Violations of the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules
Failing to make reasonable effort to protect a student from conditions harmful to learning and/or to the student's mental health and/or physical health and/or safety
Failing to maintain honesty in all professional dealings
Submitting fraudulent information on a document in connection with professional activities
Using institutional privileges for personal gain or advantage
Intentionally exposing a student to unnecessary embarrassment or disparagement
Failing to report actual or suspected child abuse, or report alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of students
What rights do I have?
You have a right to legal representation, and you should retain an experienced education lawyer sooner rather than later. Attached to your administrative complaint will be an appeal form called the Election of Rights. Caution: You have 21 days to return the fully executed election of rights form to Professional Practices Services. If you miss this deadline, you could waive your appeal rights!
An education lawyer can explain to you what the choices in the election of rights form mean, including the Pros and Cons of taking a particular path. A discussion on how each path (Formal or Informal Hearing, Surrender, Settlement Agreement, etc.) can impact your employment and career is vitally important.
In many instances, the only viable option is to fight the accusations at trial and hold the Department of Education to their evidentiary burden of proof. Our firm has represented hundreds of certified educators in trial against the Department of Education. Our education law attorneys will aggressively fight to protect your Florida Educator Certificate.
This article is a very brief overview of the 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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