005.16.08 Ark. Code R. 001
For the purposes of these rules, the following terms mean:
The Standards of Professional Conduct are set forth as follows:
* An initial determination that there is probable cause to believe a breach of any of the Standards of the Code of Ethics in Section 5.00 or any conduct described in the offenses set forth in A.C.A. §§ 6-17-410(c) (1) - (34) has occurred.
* A failure to comply with the payment of any imposed fines.
* Disciplinary action against a teaching license/certificate in another state on grounds consistent with unethical conduct specified in Section 5.00 or as stated in the bullets above in 6.01 of these rules.
Licensure Standards Board shall follow the procedures set forth in Appendix A to these rules, which are hereby fully incorporated into these rules as if fully set forth herein.
Appendix A
Procedures for the Investigative Process and Final Determination of Alleged Ethics Violations
A complaint will be deemed a request to investigate. Except as provided in section iv. below, a request for investigation may be a written and validated signed statement of allegations filed with the Arkansas Department of Education, local school board, the Arkansas State Board of Education, or public school superintendent of this state which may be filed with the Professional Licensure Standards Board (PLSB). The request for investigation will be validated (i.e., verified as actually being submitted by the requestor) by the agency listed above with which it is filed and forwarded as a complaint by that agency to the PLSB. When appropriate, the PLSB will provide a copy of the complaint to the superintendent or the president of the local school board (if the educator in question is the superintendent of the district) where the educator is employed.
Appendix B
LIST OF APPLICABLE FINES
Action Taken | Maximum Fine Amount |
Permanent Revocation of License | $0 |
Suspension of License | $100 |
Probation of License | $75 |
Written Reprimand by State Board of Education | $50 |
Written Warning by State Board of Education | $0 |
LIST OF APPLICABLE FEES
License Issued | New or Renewal | Fee Amount |
One-Year Provisional Teacher's License | New Renewal | $0.00 $0.00 |
Three-Year Initial Teacher's License | New | $0.00 |
Five-Year Standard Teacher's License | New Renewal | $100.00 $100.00 |
Five-Year Vocational Permit | New Renewal | $100.00 $100.00 |
One-Year Professional Teaching Permit | New | $35.00 |
Lifetime Teacher's License (Must be 65 years of age.) | New | $0.00 |
Adding Area or Level to Existing License | Not Applicable | $0.00 |
Adding Degrees to Existing License (If not occurring at the time of renewal) | Not Applicable | $50.00 |
Duplicate License | Not Applicable | $50.00 |
Appendix C
Explanations and Guidelines to Clarify the Intent of The Standards of Professional Conduct
The purpose of Appendix C is to provide greater clarity and intent of each professional standard listed in Section 5.00 of this rule. Therefore, Appendix C is not designed to supersede the required standard of professional conduct but rather to provide some rationale of the intent and purpose and thus the proper application of each professional standard of conduct. It is recognized that Appendix C is a general application of the intent and purpose of each professional standard and is considered a guide and not all inclusive of each and every interpretation and application of a professional standard of conduct as required in Section 5.00.
Furthermore, it is recognized that unless specifically stated in a professional standard of conduct listed in Section 5.00 of this rule or specifically required in Appendix C's interpretation of a particular standard of conduct, the alleged unethical conduct by a licensed educator may be considered by the Professional Licensure Standards Board regardless of the mental intent related to the alleged unethical action or omission. However, the Professional Licensure Standards Board may consider the mental intent or capacity of the licensed educator, along with other relevant factors, when determining whether a violation exists and what, if any, disciplinary action to recommend to the Arkansas State Board of Education for alleged violations of this code of ethics.
Standard 1 An educator maintains a professional relationship with each student, both in and outside the classroom
This standard goes to the core of a professional educator's expected conduct and relationship with all students and transcends criminal behavior or other actions which violate law. The professional relationship with students is such behavior and action which promotes at all times the mental, emotional, and physical health and safety of students. An educator should show respect for and not demean, embarrass, or harass students absent some reasonable educational or disciplinary purpose and never as prohibited by law. A professional relationship is one where the educator maintains a position of teacher/student authority with students even while expressing concern, empathy, and encouragement for students. In that position of authority, an educator may nurture the student's intellectual, physical, emotional, social and civic potential. An educator may display concern and compassion for a student's personal problems and, when appropriate, refer the student for school counseling or other help.
Standard 2 An educator maintains competence regarding skills, knowledge, and dispositions relating to his/her organizational position, subject matter, and/or pedagogical practice.
This standard addresses the professional educator's obligation to implement best practices and maintain competence in skills and knowledge. An educator has many dispositions that are required in the course of instruction such as ensuring that students have access to varying points of view and that instruction reflects current subject matter.
Standard 3 An educator honestly fulfills reporting obligations associated with professional practices.
This standard covers those situations where there is an intentional or knowing attempt to deceive or mislead an educational entity. Honest errors or mistakes or inaccuracies are not intended to be encompassed by this standard. To uphold this standard an educator should be honest when reporting data and information to the Arkansas Department of Education, the Arkansas Bureau of Legislative Audit, the Arkansas State Board of Education, and other state and federal governmental agencies. Honestly reporting grades is also a part of this standard. It is also important that an educator honor this standard when giving information to recommend an individual for employment promotion or licensure as well as when reporting professional qualifications, criminal history, college credits and degrees, awards, and employment history. Similarly the failure to timely submit information covers those situations where there is a knowing failure to submit or provide information. This standard covers those situations described in Ark. Code Ann. § 6-17-410(d) (1) (A) (vii) and (viii) that involve knowingly submitted false or misleading information or knowingly falsifying or directing another to falsify a grade.
Standard 4 An educator entrusted with public funds and property honors that trust with honest, responsible stewardship.
An educator must be a good steward of public funds, personnel and property dedicated to school related purposes. The use and accounting for these resources under the educator's control must comply with state and federal laws that regulate the use of public funds and property. The use of such resources for personal gain, other than incidental personal benefit for which there is no public education purpose would not be in keeping with the intent of this standard.
Standard 5 An educator maintains integrity regarding acceptance of any gratuity, gifts, compensation or favor that might impair or appear to influence professional decision or actions and shall refrain from using the educator's position for personal gain.
The standard is intended to prohibit that conduct which is solely for personal gain and creates an appearance of a conflict of interest in the role as an educator. The standard of conduct called for by this section involves an examination of the total circumstances surrounding the gratuity, gift, compensation, or favor. Factors to consider include the value of the gratuity, gift or favor, the reasonableness of any compensation; the timing of the gratuity, gift, compensation, or favor; and the relationship between the educator and the person from whom the gratuity, gift, compensation, or favor comes. Pursuant to Ark. Code Ann. § 6-24-113 an educator may accept awards and grants as provided for therein. Ark. Code Ann. § 6-24-112 contains some specific prohibited transactions involving gratuities or offers of employment. The second part of this standard requires that the educator does not use the position for personal gain.
Standard 6 An educator keeps in confidence secure standardized test material as well as information about students and colleagues obtained in the course of professional service unless disclosure serves a professional purpose or is allowed or required by law.
At times educators are entitled to and/or for professional reasons need access to certain student records, other educators' records, and standardized testing materials. Much of this information is confidential, and the educator should maintain that confidence unless the disclosure serves some legitimate educational purpose as allowed or required by law. The Federal Education Rights and Privacy Act (FERPA) addresses the confidentiality of certain student records. Such federal and state laws permit disclosure of some student information and restrict the disclosure of other student information. Educators should respect and comply with these and other similar confidentiality laws. Confidential student information may include student academic and disciplinary records, health and medical information, family status and/or income, assessment/testing results, and Social Security information. When standardized tests are administered, educators should maintain the confidentiality of those parts of the standardized test materials that are to remain confidential such as actual test items and test booklets in accordance with state law, regulation, and testing policy. Supervisors may be entitled to access to other educators' personnel records and should maintain the confidentiality of those records.
Standard 7 An educator refrains from using, possessing and/or being under the influence of alcohol, tobacco, or unauthorized drugs while on school premises or at school-sponsored activities involving students.
This standard sets forth the expectation of the professional educator concerning using, possessing, or being under the influence of the listed substances while on school premises or at school-sponsored activities involving students or being in violation of state law governing the using, possessing or being under the influence of alcohol, tobacco, or unauthorized/illegal drugs while on school property or at school-sponsored activities involving students.
005.16.08 Ark. Code R. 001