This is an Arkansas Education Association
“Call to Action Alert”
Public Comment Hearings on Proposed Educator Code of Ethics and Rules
The purpose of this e-mail is to alert our members and local associations to the proposed Arkansas Department of Education Rules Governing the Code of Ethics for Arkansas Educators (link below) that the Arkansas State Board of Education referred on March 10th for public comment, identify some of the significant problems in the document, and urge you and our local affiliates to prepare and present oral and written testimony at one of the seven public hearings.
Educators from across the state must organize themselves and other groups to attend the public hearings (schedule link below) and voice their concerns. You may also submit written testimony to the Chairperson of the Professional Licensure Standards Board, Beverly Williams, at the Arkansas Department of Education until April 21, 2008 (address at bottom of hearing schedule).
AEA’s testimony in Little Rock is not and will not be enough to produce significant changes. Please review this Alert and the attachments. In the very near future the AEA will send a specific list of necessary changes.
The AEA cannot support the proposed Arkansas Department of Education Rules Governing the Code of Ethics for Arkansas Educators unless significant changes are made. For comparison purposes we have attached a copy of the Kentucky Code of Ethics for School Certified Personnel that in our professional judgment is simple, clear, positive, and complete.
Some of the Problems
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The proposed rules and code of ethics has been expanded to cover a limitless mixture of behaviors including “all acts or omissions of unprofessional conduct and/or moral turpitude” and the violation of any “local, state or federal law”.
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Instead of a uniform statewide code that requires the same ethical standards for all teachers, the proposed code makes it unethical to violate local school district policies and local (municipal, county, etc.) laws. What may be unethical for one teacher in one city or county may be ethical for a teacher in another location city or county.
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The Arkansas Legislature has already passed a law that specifically lists each criminal law that if violated, could result in a loss of a teacher’s license. The proposed code expands this list to include the violation of a “local, state or federal law”. How many local, state and federal laws can you list?
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Under the proposed code you can lose your license if you do not, within 30 days of spotting a violation of the code, report your colleague’s violation to the Arkansas Department of Education.
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The proposed code of ethics has seven “Standards” and under each one is a long “Commentary” that, under the proposed code, has the same force and effect as a “Standard”. Yet in many places the “Commentary” actually expands the ethical “Standard”. The “Commentary” does not belong in the code of ethics and should not carry the same weight as the actual ethical “Standards”.
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In the opinion of our attorney, all reported violations and information collected during an investigation will be public records subject to disclosure under the Arkansas Freedom of Information Act, even if the Department of Education ultimately determines the teacher should not even be charged with a violation and closes its investigation.
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In the opinion of our attorney, there is a serious question as to whether the procedural and due process.protections afforded to licensed doctors, dentists, nurses, and real estate agents, and others by the Arkansas Administrative Procedure Act (the right to names of witnesses, witness statements, documents that will be used against you, etc.) will apply to licensure hearings under the code of ethics.
Code of Ethics Meeting Talking Points
Arkansas Department of Education Proposed Code of Ethics, February 14, 2008
Kentucky Code of Ethics (brochure)
Hearing Dates
Quick Link to ADE Licensure Board Chairman -Beverly Williams
