Linda Taylor Ruffin, Ed.S . Mobile County Public School Systems June 2014

1. Linda Taylor Ruffin, Ed.S.Mobile County Public School SystemsJune2014 Back to the Basics-Modules 1A & 1B PLU Standard 8 Alabama Educator Code of Ethics

2. Code of Ethics: A Description  A Code of Ethics represents a standard of behavior that is accepted by a profession, an organization, or a corporation.  The Alabama Educator Code of Ethics defines the professional behavior of educators in Alabama as a guide to ethical conduct. The code protects the health, safety, and general welfare of students and educators; outlines objective standards of conduct for professional educators; and clearly defines actions of an unethical nature for which disciplinary sanctions are justified.

3. Code of Ethics: A Description Standard 1: Professional Conduct Standard 2: Trustworthiness Standard 3: Unlawful Acts Standard 4: Teacher/Student Relationship Standard 5: Alcohol, Drug and Tobacco Use or Possession Standard 6: Public Funds and Property Standard 7: Remunerative Conduct Standard 8: Maintenance of Confidentiality Standard 9: Abandonment of Contract

4. Standard 1: Professional ConductAn educator should demonstrate conduct that follows generally recognized professional standards. Examples  Ethical Conduct: Educators participating in ongoing Professional Development individually and collaboratively to promote student learning. Additionally, they share their knowledge and learning experiences (mentoring) with colleagues in a supportive teaching environment.  Unethical Conduct: Failure to provide appropriate supervision of students. Physical and verbal altercations with colleagues and students. Violation of test security for district and standardize tests or test materials.

5. Standard 2: TrustworthinessAn educator should exemplify honesty and integrity in the course of professional practice. Examples  Ethical Conduct: Advocating for fair and equitable opportunities for all children. Honestly and accurately report data from assessments, testing irregularities, and documentation in Individualized Education Plans (IEP).  Unethical Conduct: Falsifying, misrepresenting, omitting, or erroneously reporting information involving job duties, students and /or personnel.

6. Standard 3: Unlawful ActsAn educator should abide by federal, state, and local laws and statues. Examples  Ethical Conduct: Communicate high expectations to students and encourage and promote positive behavior in school and the community.  Conduct: Inappropriate relationships with students, colleagues, and parents at school and the community.

7. Standard 4: Teacher/Student RelationshipAn educator should always maintain a professional relationship with all students, both in and outside the classroom. Examples  Ethical Conduct: Creating, supporting, and maintaining a challenging learning environment for all students.  Unethical Conduct: Engaging in harassing behavior on the basis of race, gender, national origin, religion, or disability.

8. Standard 5: Alcohol, Drug and Tobacco Use or PossessionAn educator should refrain from the use of alcohol and/or tobacco during the course of professional practice and should never use illegal or unauthorized drugs. Examples  Ethical Conduct: Factually representing the dangers of alcohol, tobacco and illegal drug use and abuse to students during the course of professional practice. Unethical Conduct: Being on school premises or at a school-related activity involving students while documented as being under the influence of, possessing, or consuming alcoholic beverages or using tobacco.

9. Standard 6: Public Funds and PropertyAn educator entrusted with public funds and property should honor that trust with a high level of honesty, accuracy, and responsibility. Examples  Ethical Conduct: Maximizing the positive effect of school funds through judicious use of said funds.  Unethical Conduct: Misusing public or school-related funds. Failing to account for funds collected from students or parents. Co-mingling public or school-related funds with personal funds or checking accounts.

10. Standard 7: Remunerative ConductAn educator should maintain integrity with students, colleagues, parents, patrons, or businesses when accepting gifts, gratuities, favors, and additional compensation. Examples  Ethical Conduct: Insuring that institutional privileges are not used for personal gain. Insuring that school policies or procedures are not impacted by gifts or gratuities from any person or organization.  Unethical Conduct: 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 governing body. Accepting gifts from vendors or potential for personal use or gain where there appears to be a conflict of interest.

11. Standard 8: Maintenance of ConfidentialityAn educator should comply with state and federal laws and local school board policies relating to confidentiality of student and personal records, standardized test material, and other information covered by confidentiality agreements. Examples  Ethical Conduct: Keeping in confidence information about students that has been obtained in the course of professional service unless disclosure serves professional purposes or is required by law. Maintaining diligently the security of standardized test supplies and resources.  Unethical Conduct: Sharing confidential information concerning student academic and disciplinary records, health and medical information, family status/income, and assessment/testing results unless disclosure is required or permitted by law. Violating other confidentiality agreement required by state or local policy.

12. Standard 9: Abandonment of ContractAn educator should fulfill all of the terms and obligations detailed in the contract with the local board of education or educational agency for the duration of the contract. Examples  Ethical Conduct: Know the professional behavior of educators and perform duties within the guidelines that protect the health, safety and general welfare of students and educators.  Unethical Conduct: Abandoning the contract for professional services without prior release from the contract by the employer. Refusing to perform services required by the contract.

13. Reporting and Disciplinary Action • Educators are required to report a breach of one or more of the Standards in the Alabama Educator Code of Ethics as soon as possible, but no later than sixty (60) days from the date the educator became aware of the alleged breach, unless the law or local procedures require reporting sooner. Complaints filed with the local state school boards, or with the State Department of Education Teacher Certification Section, must be filed in writing and must include the original signature of the complaint. • Alabama Administrative Code 290-3-2-.05 • Disciplinary action shall be defined as the issuance of a reprimand or warning, or the suspension, revocation, or denial or certificates. “Certificate” refers to any teaching, service, or leadership certificate issued by the authority of the Alabama State Department of Education. • Alabama Administrative Code 290-3-2-.22 • Any of the following grounds shall also be considered cause for disciplinary action: • Unethical conduct as outlined in the Alabama Educator Code of Ethics, Standards 1-9. • Order from a court of competent jurisdiction. • Violation of any other laws or rules applicable to the profession. • Any other good and sufficient cause. • Any individual whose certificate has been revoked, denied, or suspended may not be employed as an educator, paraprofessional, aide, or substitute teacher during the period of his or her revocation, suspension, or denial.

14. Case StudyStandard 7: Remunerative ConductAn educator should maintain integrity with students, colleagues, parents, patrons, or businesses when accepting gifts, gratuities, favors, and additional compensation.Question PresentedMay an assistant principal of a public school, who is also a Tupperware consultant, approach school organizations about conducting fund raisers where he or she will be making a profit? Facts and Analysis • The Alabama Ethics law, Code of Alabama, 1975, Section 36-25-5(a) states: “No public official or public employee shall use or cause to be used his or her official position or office to obtain personal gain for himself or herself, or family member of the public employee or family member of the public official, or any business with which the person is associated unless the use and gain are otherwise specifically authorized by law. Personal gain is achieved when the public official, public employee, or family member thereof receives, obtains, exerts control over, or otherwise converts to personal use the object constituting such personal gain”. • Section 36-25-1(8) states: “CONFLICT OF INTERESTS. A conflict on the part of a public official or public employee between his or her private interests and the official responsibilities inherent in an office of public trust. A conflict of interest involves any action, inaction, or decision by a public official or public employee in the discharge of his or her official duties which would materially affect his or her financial interest or those of his or her family members or any business with which the person is associated in a manner different from the manner it affects the other members of the class to which he or she belongs. • Section 36-25-1(24) states: “PUBLIC EMPLOYEE. Any person employed at the state, county, or municipal level of government or their instrumentalities, including governmental corporations and authorities, but excluding employees of hospitals or other health care corporations including contract employees of those hospitals or other health care corporations who is paid in whole or in part from state, county or municipal funds. For purposes of this chapter, a public employee does not include a person employed on a part-time basis whose employment is limited to providing professional services other than lobbying the compensation for which constitutes less than 50 percent of the part-time employee’s income”.

15. Case Study (Continued)Standard 7: Remunerative Conduct • Section 36-25-5(c) states: “No public employee shall use or cause to be used equipment, facilities, time, materials, human labor, or other public property under his or her discretion or control for the private benefit or business benefit of the public official, public employee, any other person, or principal campaign committee as defined in Section 17-22A-2, which would materially affect his or her financial interest, except as otherwise provided by law or as provided pursuant to a lawful employment agreement regulated by agency policy”. • Section 36-25-5(c) states: “No public official or public employee shall, other than in the ordinary course of business, solicit a thing of value from a subordinate or person or business with whom he or she directly inspects, regulates, or supervises in his or her official capacity”. • A public employee may not use his or her position in a manner that will bring personal gain to themselves, a family member, or a business they are associated with. • In the case presented to the Ethics Commission, it would clearly violate the Ethics law for an assistant principal to sell Tupperware products to the school or through the school where she will be making a profit from the sales. This would clearly be a use of position for personal gain. • While there is nothing in the law that prohibits a person from having outside employment, that outside employment must in no way be related to the person’s public employment, nor may that public employment be used to increase the economic benefits of the outside employment. • CONCLUSION- ADVISORY OPINION NO.95-91: Conflict of Interests/Public School Teacher Selling Tupperware Products to School. • The assistant principal of a public school may not use his or her position as assistant principal to benefit himself/herself as a Tupperware sales person. Further, the assistant principal may not use her position to solicit business from subordinates. • References- State of Alabama Ethics Commission, November 1, 1995.

16. Recommended Conferences and Resources • Alabama Education Association (AEA) Instructional Leaders’ Forum • AEA Minority Leadership Conference • AEA Divisional Professional Development Conference • AEA Professional Rights and Responsibilities Conference

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