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Role of Professional Practices Services
The Office of Professional Practices Services (PPS) investigates alleged misconduct by educators who hold a Florida Educator Certificate or a valid application for a Florida Educator Certificate. The PPS investigates when there is cause to believe the educator has broken the law or violated State Board of Education Rule which includes the Code of Ethics and Principles of Professional Conduct. These laws and rules outline the standards of conduct expected of certified educators in Florida.Penalties against an educator’s certificate are not issued by the Commissioner of Education or the Department of Education; penalties are issued by the Education Practices Commission (EPC). The EPC is a quasi-judicial body of peers, law enforcement and lay persons set forth in Section 1012.79, Florida Statutes, which determines what penalty should be issued in each case.
Similar to other administrative offices with investigators who work on behalf of licensing boards (like those for state boards of medicine that license physicians), the PPS is responsible for investigating the allegation, interviewing victims and witnesses, and reporting the findings. This review is an administrative process – only to find if action against an educator’s certificate should be taken – it is not a criminal investigation. Educators are held to a high standard, and the PPS investigators look at not only criminal behavior, but also ethical misconduct. The PPS is not limited to investigate only criminal conduct. The following outlines the investigative process.
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Step 1: Complaint Filed
The PPS receives information or complaints from public school districts, private schools, charter schools, lab schools, citizens, news articles, other state departments of education, and other sources. Then they review the complaint to see if there is jurisdiction to investigate, meaning the educator holds or has applied for a Florida educator certificate. When a case is referred to the PPS they will:- Verify certification status;
- Review documents submitted;
- Request additional documents if necessary; and
- Open a case for investigation;
Or
- Verify certification status;
- Review documents submitted;
- Request additional documents if necessary;
- Review by office/legal counsel; and
- Close case with no further action or open a case for investigation;
Or
- Verify certification status;
- Determine no certificate or application; and
- Close case because the individual has no certificate.
Step 2: Case is opened
An individual is notified if the office opens an investigation against him or her. As the Department does not hire or fire educators (this is done by the employing school or school district) school districts or private schools are notified if an investigation has been opened against one of their employees. In many cases, the school districts have contacted the PPS directly with a complaint and have already taken appropriate measures such as issuing disciplinary action, removing an educator from student contact, terminating an educator, or in some cases, contacting law enforcement.Step 3: Investigation
An investigator is assigned to the case, and he or she reviews the file and develops an investigative strategy. Investigators conduct interviews of the victim(s) and witnesses to determine any misconduct. Investigators obtain and review pertinent documentation or data and personnel files. Once all relevant information has been secured, a meeting is held with the educator to review the findings. At this point, the educator can offer explanation, rebuttal, character witnesses or supporting documents.Step 4: Referral to the Counsel for Professional Practices
Legal counsel reviews the findings of the investigation to determine if there is cause to take action against the educator’s certificate. Any decision to recommend a finding of Probable Cause against a certificate must be supported by clear and convincing evidence that the misconduct occurred and violated statute or rule. After review by legal counsel, a case is ready to be heard by the Commissioner of Education.Step 5: Commissioner of Education issues findings
The Commissioner of Education reviews the findings of the investigation and determines if there is Probable Cause to warrant discipline against a certificate. If Probable Cause is found, the educator could face disciplinary action against the certificate, up to and including, suspension or revocation of his or her certificate. In cases of Probable Cause or No Probable Cause, the educator, his or her attorney if applicable, the employing school or school district and the Bureau of Educator Certification are all notified of the decision. The educator has the right to challenge the finding before final disciplinary action is determined by the EPC.No Probable Cause - A decision of No Probable Cause does not mean that an event did not happen. This decision typically means that the action, upon investigation, did not warrant action against the certificate; was found not as previously portrayed; victims and witnesses were not credible; or perhaps the case could not be supported at a level to prove clear and convincing evidence.
Probable Cause - The finding of Probable Cause initiates proceedings pursuant to Chapter 120, Florida Statutes, the Administrative Procedures Act. Because an educator’s certificate is a property right, action against that certificate must be pursued following the guidelines of due process.