NEWSLETTER OF THE PROFESSIONAL
EDUCATORS NETWORK OF FLORIDA, INC.
Volume 11 • Issue 2 • Fall,
2005
“Highly qualified” deadline looms
The No Child Left Behind (NCLB)
Act of 2001 mandates that nearly all public school teachers be “highly
qualified” by
the end of the 2005-06 school year.
If you haven’t already done so, you’ll
want to research the steps you’ll need to take to be considered “highly
qualified.” Nearly all teachers teaching “core subjects” (defined
by NCLB as English, reading or language arts, mathematics, science,
foreign languages, civics and government, economics, arts [including
art, music, theater and dance], history and geography) must be
highly qualified.
NCLB defines a “highly qualified” teacher
as one who has:
- Full state certification; and
- A bachelor’s
degree or higher; and
- Demonstrated competency in the subject
taught.
The third component of the highly qualified
definition can be highly complicated; how one must demonstrate “competency” depends
upon level of experience, the number of subjects taught
and grade level.
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Para-educators
The Education Department granted the
extension so that the “highly
qualified” deadline for Para-educators would match the
deadline for core-subject teachers.
Para-educators with instructional
duties must:
- Complete at least two years of college; or
- Earn
an associate degree or higher; or
- Meet the standards of a formal
state or local academic assessment.
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Teaching
without certification
The Education Department has determined
that a teacher with alternative certification will be considered
highly qualified as long as the teacher is making progress toward
certification in the academic subject and other training requirements
are met. A teacher working on an emergency permit with a deficiency
plan will be highly qualified as long as she is working toward
completion of the plan. However, those who teach under school
district teaching permits, classroom teaching permits, classroom
teaching permits or any other of temporary credentials will
not be considered highly qualified.
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BY ROBERT BOYD, PEN LEGAL COUNCIL
Part of PEN's purpose is to legally
protect its members. PEN provides comprehensive legal protection
for all of its members. PEN's legal protection is similar
to other independent professional educator associations in the
country. PEN has a Professional Educators Liability policy which
covers our members in the unlikely event that liability insurance
or legal protection is needed.
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Educators’ Liability Protection
PEN’s educators
liability insurance protects educators from liability arising from
lawsuits resulting from any claim made against our members as a
result of an incident which occurred during the scope of employment.
Under this policy, PEN will not only cover our members for damages
as a result of the lawsuit, but will also reimburse an attorney to
defend the member in any suit seeking monetary damages payable under
the terms of the policy.
Like your car insurance, the limits of liability
are described by two numbers. PEN covers its members with $2 million
per insured, per occurrence, and $3 million per occurrence. This
simply means that a PEN member's damages will be covered up to
$2 million in any single occurrence. If there is more than one claim
or more than one claimant that arises out of a single occurrence,
PEN will cover your damages up to $3 million per occurrence.
PEN will also provide an attorney to the member to defend against
the claims throughout the length of the litigation.
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Educators’ Criminal
and Employment Rights Protection
PEN also provides payment of
attorneys' fees for any action initiated against you arising out
of the following activities:
- Incurred in the defense of
a criminal action against our member arising out of activities
within the scope of employment;
- Incurred in the defense of an
action against our member involving dismissal, tenure, salary,
leave of absence, assignment, resignation or other professional
employment rights arising out of activities within the scope
of employment;
- Incurred in the defense of an action against
our member involving the issuance, suspension, cancellation or
revocation of any credential or certification issued by the State
of Florida (in other words, your teaching certificate);
- Incurred
in the defense of an action against our member based upon an
alleged violation of civil rights guaranteed by the Constitution,
the laws of the United States or the laws of Florida arising out
of activities within the scope of employment;
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Statewide Attorney Network
PEN has a network of experienced
education attorneys throughout the state to represent you in any
of the above scenarios. PEN's insurance policy pays those attorneys
up to $10,000 to represent you. PEN's attorneys work on a discounted
rate for the organization and its members.
PEN also provides up
to $1,000 for consultation with an attorney in its legal network
on any of the above circumstances regardless of whether this consultation
results in litigation.
Finally, PEN will also provide the premium
for bail bonds required of any of our members, not to exceed $1,000
per bail bond. In this circumstance, the member would have to apply
for and furnish the bond, and then be reimbursed by PEN not to
exceed $1,000. This reimbursement for bail bond premiums is available
for any occurrence arising out of activities within the scope of
employment.
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Frequently
Asked Questions
Can I use my own attorney in any of the above
circumstances?
Absolutely yes. You can retain your own private attorney at
any time to represent you in any of the scenarios listed above.
You would, of course, have to pay the attorney out of your own
pocket and privately negotiate the fee with that attorney. If,
at any time, you choose to use a PEN network education attorney,
PEN will provide one to you and pay their attorneys' fees under
the guidelines listed above.
Will I be able to speak with a PEN
attorney if I have a legal question?
Yes. The procedure at PEN is for our Executive Director, Cathy
DeMoisey, to discuss your legal issue with you. Many times the
issue can be resolved using a non-legal or political strategy or
with a simple letter of communication with the parties involved.
If the matter cannot be resolved using those preliminary steps,
your matter will be referred to PEN's General Counsel, Mr. Bob
Boyd. Mr. Boyd has over 17 years of experience dealing with education
law. In fact, Mr. Boyd at one time was the statewide prosecutor
for the Department of Education, prosecuting teachers in licensure
disciplinary cases. That experience gives him a good perspective
and understanding on how best to defend teachers and administrators
in any education legal proceeding. Usually, Mr. Boyd or PEN's Assistant
General Counsel, Felicia Nowels, will handle the matter and only
refer it out to another attorney in the PEN network if the case
cannot be quickly resolved and will continue in another geographic
area of the state. Moreover, in a criminal matter, the case will
be immediately referred out to criminal attorney in our legal network.
Regardless, PEN members have almost immediate personal access to
an experienced education attorney when legal problems arise.
Why is it better to have an attorney than a lay
person or union rep represent me in employment matters?
Attorneys are better
educated in the law, more qualified to offer representation, subject
to clear standards, and their duty is to their clients before all
else. Also, information exchanged between attorneys and their clients
is legally protected by the attorney-client privilege. A lay person
or union rep is not under the same obligation of confidentiality.
What if my legal proceedings exceed the
$10,000 limit?
In most instances they will not. Remember, our attorneys work
on a reduced rate. Our network attorneys have handled everything
from administrative hearings with the Professional Practices
Services Section of the DOE regarding licensure disciplinary proceedings
to dismissal hearings with the school district. Rarely do attorneys'
fees exceed $10,000 in these matters. If they do, it is usually
a nominal amount above $10,000 and PEN has in the past and will
consider in the future absorbing these legal fees beyond the
$10,000 limit.
Can I use PEN's Educators Liability Insurance
to sue the school district or another teacher or administrator?
No. PEN's insurance does not cover offensive litigation where
a member is suing, for example, the school district, principal
or administrator for violation of civil rights. What our Professional
Educators Liability Insurance does do is protect you in a defensive
legal proceeding against the inappropriate actions or decisions
of your employer, the agency that issues your professional certification
or against any private individual making improper allegations regarding
your actions within the scope of your employment.
Are non-instructional
personnel covered under PEN's Professional Educators Liability
Insurance?
Yes. Non-instructional personnel such as bus drivers or custodial
workers who are members of PEN are covered under PEN's Professional
Educators Liability Insurance.
Can I use a PEN attorney for a
situation which occurred prior to me joining PEN?
You must be a member of PEN when the incident occurred in
order to take advantage of PEN's legal protection. That is why
it is important to join an organization such as PEN as soon as
possible, i.e. to protect your legal rights if anything does
occur. Remember, that in today's litigious society, frivolous
lawsuits are filed all the time. You need to be protected and
be a member of PEN even if you do not think any of the above
will happen to you.
Are charter school and private school teachers
and administrators covered under PEN's Professional Educators Liability
Insurance?
Yes. Charter school and private school teachers and administrators
have the same benefits as their public counterparts under PEN's
Professional Educators Liability Insurance. Many charter schools
and private schools require their teachers to be certified by
the state. Additionally, charter school and private school employees
are also as vulnerable to the same liability lawsuits as those
in the public system. Therefore, it is vital that they also have
the protection which is offered under PEN's Professional Educators
Liability Insurance.
Do I have access to a PEN attorney in my
local area?
Yes. PEN has an attorney in every major geographic area of
the state.
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For several years I resisted joining a professional
educators organization; they were too much like a union, too political,
too expensive, plus they provided minimal service and really
didn’t care
about just one person!
In the Fall of 2004 a career altering experience
changed my mind but not my opinions of “the teacher unions.” A
fellow teacher recommended PEN. My “situation” ended
up being a non-issue but my search for representation ended when
I joined PEN.
The cost was very reasonable, a “live” person
actually answered the phone, e-mails were answered immediately
and a county representative was with me every step of the way
when I needed someone.
PEN has a lifetime member and a campus
representative until I retire when I hope to be a county representative.
— Polk
County Teacher
The Attorneys for PEN saved my
livelihood and career. After an agonizing and unjustified proceeding
against my certificate, I thought I would never be able to
teach. Ms. Nowels and Mr. Boyd guided me through the process, representing
my rights and fighting harder for me than I could have on my
own. Their diligence, knowledge of the law and the teaching industry,
and dedication to my case resulted in a successful win. They
protected my license, cleared my name and I am teaching thanks
to PEN representation. Thank you, PEN!
— Volusia County Teacher
I am a member of the Professional
Educators Network (PEN) and had the good fortune of their representation
in a case between one of my students and me. I am extremely
grateful to report that not only was I counseled by a staff attorney,
but when I requested to use my attorney in my local area, I was
encouraged to do so. My local attorney was very impressed with the
smooth transition of payments made to him for services rendered.
The attorney volunteered to spread the good news about PEN’s
legal services. Thanks PEN!
— Orange County Teacher
An incident occurred in
my classroom and before the end of the day, I had complaints lodged
and threats against my license. I turned to PEN and PEN's attorneys
solved my legal and occupational problems before the end of the
quarter. After PEN got involved, my job and salary were reinstated.
You have a member for life!
— Polk County Teacher
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According to the American
Public Health Association, 25 percent of K-6 students have vision
problems serious enough to impede their learning, and the Vision
Council of America estimates that 80 percent of children with learning
disabilities have undiagnosed vision problems.
To learn more about
vision disorders, look to the College of Optometrists in Vision
Development (COVD) Web site, which offers educators a chart listing
symptoms of student vision problems. Did you know that:
- a child who
is able to read for only a short time may have eye coordination
problems?
- a student who frequently loses her place
or skips lines while reading may have eye tracking problems?
- a child
with sloppy handwriting and drawing may have faulty visual motor
integration?
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OFFERED
ONLY TO PEN MEMBERS AT AFFORDABLE PRICES
Long Term Care/Home Health Care
First Diagnosis
Cancer
Annuity
Whole Life Policy
Medical Air Service Association
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Employee Travel Opportunities; Condos Available for $249/wweek
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The COVD suggests that children exhibiting
these symptoms be referred to optometrist for comprehensive eye
exams. The organization also warns that many vision problems go
undetected during school vision screenings or regular pediatric
evaluations.
Learn more at
www.covd.org/visionandlearning.htm.
Please
contact the PEN offices if you would
like any additional information or specific details on any legislation
passed this Session. You can also logon to www.leg.state.fl.us.
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