The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

3139 - EDUCATOR MISCONDUCT

An instructional employee is required to self-report within forty-eight (48) hours any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. The notice shall not be considered an admission of guilt nor be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. Self-reporting shall also be required for any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering a plea of guilty or nolo contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgement. When handling sealed and expunged records disclosed under this policy, the District shall comply with the confidentiality provisions in Florida statutes.

All legally sufficient complaints against a member of the instructional staff shall be reported to the Department of Education within thirty (30) days after the date on which the subject matter of the complaint comes to the attention of the Board or the Superintendent. A complaint is legally sufficient for reporting if the subject matter of the complaint includes any of the grounds for discipline or dismissal in Florida statutes.

The Superintendent shall require that all legally sufficient complaints be timely filed in writing with the Department of Education. The Superintendent shall file with the Department of Education all information relating to the complaint which is known to the Superintendent at the time of filing. Additionally, Policy 8141 provides the procedures for mandatory reporting of alleged misconduct by instructional personnel to the Florida Department of Education.

All employees of the Board shall promptly report to the office of the Superintendent or the office of Human Resources Services any complaint against a member of the instructional staff that comes to the employee's attention and that includes grounds for the revocation or suspension of a teaching certificate. The willful failure by an employee to promptly report a complaint shall subject the employee to discipline as provided by law and policy.

F.S. 943.0585(4)(c), 943.059(4)(c), 1012.795, 1012.796
F.A.C. 6B-1.006