7.4 Statutory Grounds for Discipline, EPC Penalties, and the Appeals Process
Key Takeaways
- Competency 6, Skill 2 requires educators to identify the statutory grounds and procedures for disciplinary action, the penalties the Education Practices Commission can impose against a certificate holder, and the appeals process available to the individual.
- Section 1012.795, Florida Statutes, lists the grounds on which the Education Practices Commission may act, including gross immorality, an act of moral turpitude, conviction of a misdemeanor or felony, incompetency, gross insubordination, and violation of the Principles of Professional Conduct.
- Section 1012.796, Florida Statutes, sets the complaint procedure: the Department of Education investigates, the Commissioner determines probable cause, and an administrative complaint is filed if probable cause is found.
- A certificate holder who disputes the facts may elect a formal hearing before an administrative law judge assigned by the Division of Administrative Hearings; the recommended order then returns to a panel of the Education Practices Commission, which enters the final order and imposes penalties under section 1012.796(7), Florida Statutes.
- Final orders of the Education Practices Commission are reviewable by a Florida district court of appeal under section 120.68, Florida Statutes, and local school-board employment action is legally separate from state certificate discipline.
7.4 Statutory Grounds for Discipline, EPC Penalties, and the Appeals Process
Competency 6, Skill 2 is stated precisely in the official blueprint: "Identify statutory grounds and procedures for disciplinary action, the penalties that can be imposed by the Educational Practices Commission against a certificate holder, and the appeals process available to the individual."
This is the only FTCE 083 skill that requires knowledge of an administrative legal process, and it is reliably tested. Section 7.1 introduced the Education Practices Commission; this section covers the grounds, the procedure, and the appeal in full.
1. Statutory Grounds for Action Against a Certificate
Section 1012.795, Florida Statutes, authorizes action against an applicant or certificate holder. The grounds most frequently tested include:
| Ground | Plain-language meaning | Typical fact pattern |
|---|---|---|
| Obtained or attempted to obtain a certificate by fraudulent means | Lying on the application | Falsified transcript, concealed prior revocation |
| Gross immorality or an act involving moral turpitude | Conduct seriously inconsistent with public trust | Sexual misconduct, theft, serious dishonesty |
| Guilty of a misdemeanor, felony, or other criminal charge, other than a minor traffic violation | A criminal disposition | Conviction, plea, or withheld adjudication |
| Personal conduct that seriously reduces effectiveness as an employee of the district school board | Conduct that destroys the ability to function in the role | Public conduct that makes supervision or student trust impossible |
| Breach of contract | Abandoning a contracted position | Resigning mid-year without release |
| Incompetency | Inability to perform required duties | Documented, sustained failure to perform after support |
| Gross insubordination or willful neglect of duty | Intentional refusal to obey a direct, reasonable order | Refusing to implement a documented accommodation after direction |
| Drunkenness | Impairment inconsistent with duties | Reporting to duty impaired |
| Violation of the Principles of Professional Conduct (Rule 6A-10.081, F.A.C.) | Any of the disciplinary principles in Section 7.1 | Failure to self-report an arrest within 48 hours |
| Otherwise unfit to hold a certificate | Catch-all fitness ground | Pattern of conduct endangering students |
Rule 6A-10.081(2) states directly that violation of the disciplinary principles subjects the individual to revocation or suspension of the educator certificate, or to the other penalties provided by law. That sentence is the bridge between the ethics rule and the disciplinary statute.
2. The Procedure: From Complaint to Final Order
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| FLORIDA EDUCATOR CERTIFICATE DISCIPLINE: PROCEDURAL PATH |
| |
| [1] COMPLAINT RECEIVED |
| District report, arrest notification, parent complaint, self-report, |
| or a report by a colleague under Rule 6A-10.081(2)(c). |
| | |
| v |
| [2] DEPARTMENT INVESTIGATION |
| FLDOE Office of Professional Practices Services gathers evidence and |
| interviews witnesses. Districts must file a legally sufficient |
| complaint within 30 days of the fact-finding that affects student |
| health, safety, or welfare. |
| | |
| v |
| [3] PROBABLE CAUSE DETERMINATION (s. 1012.796, F.S.) |
| The Commissioner of Education determines whether probable cause |
| exists. NO -> case closed. YES -> administrative complaint filed. |
| | |
| v |
| [4] EDUCATOR'S ELECTION |
| - Do not dispute the facts -> informal hearing before the EPC |
| - Dispute material facts -> formal hearing at DOAH before an |
| administrative law judge |
| - Settlement agreement may resolve the case at any stage |
| | |
| v |
| [5] RECOMMENDED ORDER (formal track) |
| The administrative law judge issues findings of fact and conclusions |
| of law with a recommended penalty. |
| | |
| v |
| [6] EPC FINAL ORDER |
| A panel of the Education Practices Commission enters the final order |
| and imposes the penalty. |
| | |
| v |
| [7] JUDICIAL REVIEW (s. 120.68, F.S.) |
| Appeal of the final order to a Florida district court of appeal. |
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Who does what
| Body | Role | What it cannot do |
|---|---|---|
| District school board | Employs, evaluates, disciplines, and may terminate district employment | Cannot suspend or revoke a state certificate |
| FLDOE Office of Professional Practices Services | Investigates complaints about certificate holders | Does not adjudicate or impose penalties |
| Commissioner of Education | Determines probable cause; files the administrative complaint | Does not decide the final penalty |
| Division of Administrative Hearings (DOAH) | Conducts formal hearings on disputed facts; issues a recommended order | Does not enter the final order |
| Education Practices Commission (EPC) | Enters final orders and imposes certificate penalties | Does not investigate or employ |
| District court of appeal | Reviews the final agency action | Does not retry the facts |
3. Penalties the Education Practices Commission May Impose
Read the two statutes together: s. 1012.795, F.S. supplies the grounds and the outer limits on suspension and revocation, while s. 1012.796(7), F.S. lists the penalties a panel of the Commission may impose in a final order.
| Penalty | Scope |
|---|---|
| Denial of an application | Refusal of a certificate or of an administrative or supervisory endorsement |
| Written reprimand | Placed in the educator's certification file |
| Administrative fine | Up to $2,000 for each count or separate offense |
| Probation | Continued certification subject to conditions and a period set by the Commission, which may include additional coursework |
| Restriction of the authorized scope of practice | Limits on the coverage, setting, or population the educator may serve |
| Suspension of the certificate | Under s. 1012.795(1), for a period not to exceed 5 years |
| Revocation for a period | Under s. 1012.795(1), for up to 10 years, with reinstatement subject to s. 1012.795(4) |
| Permanent revocation | Under s. 1012.795(1), with no route back to certification |
| Bar from reapplication | Up to 10 years, or permanently |
| Placement on the disqualification list | Directed by the Commission for specified conduct, barring school employment |
| Referral to the recovery network program | Under s. 1012.798, F.S., in substance-abuse or mental-health-related dispositions |
[!IMPORTANT] The most tested boundary in Competency 6: a school district can fire you; only the Education Practices Commission can take your Florida certificate. A stem describing a school board vote to terminate employment has not described a certificate action, and a stem describing certificate revocation has not described an employment decision. The two proceedings are separate and can reach different outcomes.
4. The Appeals Process Available to the Individual
The blueprint names the appeals process specifically. The path has three distinct opportunities:
- Contest the facts before a penalty is set. Once an administrative complaint is filed, the educator elects a hearing. Electing a formal hearing at the Division of Administrative Hearings is the point at which disputed facts are tried before a neutral administrative law judge, with the right to counsel, to present evidence, and to cross-examine witnesses. Choosing an informal hearing waives the right to dispute the facts and argues only the penalty.
- Respond to the recommended order. Parties may file written exceptions to the administrative law judge's recommended order before the Commission enters a final order.
- Seek judicial review. Under section 120.68, Florida Statutes, a party adversely affected by final agency action may appeal to a Florida district court of appeal, generally by filing a notice of appeal within 30 days of the final order. The appellate court reviews the agency's action for legal error and for whether the findings are supported by competent substantial evidence; it does not re-hear the testimony.
Reinstatement after revocation
When a certificate is revoked for a specified period rather than permanently, the individual may apply for a new certificate after the period ends and after satisfying any conditions the Commission imposed. A permanent revocation forecloses that route.
5. Interaction With Criminal and Employment Proceedings
| Proceeding | Standard of proof | Decided by | Independent of the others? |
|---|---|---|---|
| Criminal case | Beyond a reasonable doubt | Court and jury | Yes |
| District employment action | District policy and any applicable collective bargaining procedure | School board | Yes |
| Certificate discipline | Administrative standard applied by the EPC | Education Practices Commission | Yes |
Because the standards differ, an educator may be acquitted criminally and still lose a certificate, or keep a certificate and still lose a job. A frequently tested consequence: charges being dropped does not extinguish the duty to have self-reported the arrest within 48 hours, because the reporting duty attaches to the arrest itself, not to the outcome.
6. What This Means for Daily Practice
- Self-report on time. The 48-hour clock in Rule 6A-10.081(2)(c)13 runs from the arrest, not from the advice of counsel.
- Report colleague misconduct. Rule 6A-10.081(2)(c) requires reporting known allegations of violations of the Florida School Code or State Board rules, and prohibits reprisal against anyone who reports.
- Follow directives while contesting them. Refusing a reasonable, direct order is gross insubordination even when the order is later found to be wrong; the correct route is to comply and use the grievance process.
- Document. Contemporaneous records of implementation, communication, and directives are the educator's protection in any of the three proceedings.
- Do not resign mid-contract without release. Breach of contract is an enumerated statutory ground for action against the certificate.
A district school board votes to terminate a teacher's employment following an investigation into misconduct. The teacher asks whether this means their Florida educator certificate has been revoked. What is the accurate answer?
After an administrative complaint is filed against a certificate holder who disputes the underlying facts, which forum hears the disputed facts, and what does that forum produce?
A certificate holder disagrees with a final order entered by the Education Practices Commission. Under Florida law, what recourse is available?