Defending The Licenses And Certificates Of Teachers

Last updated on January 23, 2025

Teaching is more than a job to you; it is a calling. The idea of being stripped of your professional license or certificate may seem like the end of the world, but your road in the education profession does not have to end here. A knowledgeable and effective teaching license defense attorney can get to the bottom of your situation and help you protect your ability to follow your passion as an educator.

At Bilello & Soowal, PLLC, our experienced litigators focus on the issues facing educators and students in Florida schools. You can rely on our teaching license defense lawyers to answer your questions, examine your situation, inform you of your rights and work to protect your ability to make a living as a teacher.

Commons Reasons Why A Florida Teacher Could Have Their License Suspended, Terminated Or Revoked

Your license to teach in Florida could be suspended or revoked entirely for any of these reasons:

• Gross immorality
• An act of moral turpitude
• Conviction of a crime greater than a minor traffic violation
• Breach of your teaching contract
• Having obtained the license through fraud
• Being behind on child support payments

Without a valid license, you would be unable to teach at your current or any future job.

What Rights Do Teachers Have When Facing Allegations Of Misconduct?

State law grants teachers accused of misconduct the right to defend themselves. This starts with the right to receive a written notice of the investigation against them and a summary of the allegations against them. Once received, the accused teacher may send the state Department of Education’s Office of Professional Practices Services evidence in their favor, including documents and a list of witnesses. The office investigates the claims and decides whether to refer the case to the Commissioner of Education, who then must decide whether there is probable cause to consider disciplining the teacher.

The teacher must be informed of the Commissioner’s probable cause decision. From there, they have four options:

• Voluntarily surrender their certificate
• Negotiate a settlement with the Education Practices Commission (EPC)
• Admit the allegations but hold an informal hearing to submit pleas to lessen the punishment
• Hold a formal hearing before a judge to dispute the probable cause findings

If you go through a formal or informal hearing and do not agree with the Final Order, you have the right to appeal.

How Do You Defend Your License Against A Complaint?

If you’ve received notice that you have a complaint against you, it’s important to act quickly to build a strong defense. You have a limited window of time to submit a response contesting the complaint.

You may have multiple options for challenging the allegations. In some cases, it may be possible to reach a favorable settlement that protects your license and livelihood. A settlement would avoid the necessity of a hearing. If that’s not possible, then you will have a chance to defend yourself in a hearing. This stage is critical. An adverse outcome could result in the suspension or revocation of your educator certificate. You will want to enlist the services of an experienced teacher defense lawyer before the hearing.

What If You Get A Certified Letter?

If you get a certified letter from the Florida Department of Education Office of Professional Practices Services (PPS), it means that you are under investigation by the commissioner of education for potential violations of your teaching license. It’s important to act quickly and carefully when responding to the letter. Early intervention can be the key to avoiding disciplinary action and avoiding the stress and hassle of addressing their accusations in detail at a hearing. If they do attempt to revoke your certificate or license, our attorneys can provide you with a fierce defense of your rights and work to set the record straight.

What If You Are Being Investigated By The Florida Department Of Education?

If you’re facing an investigation by the Florida Department of Education, you’ll need to take prompt action to protect your rights. An adverse finding can affect your teaching license, your career and your reputation.

Here are some steps to consider if you find yourself under investigation:

• Don’t ignore any correspondence or notices from the Department of Education
• Keep detailed records of all interactions and communications related to the investigation
• Don’t discuss the details of the investigation with colleagues or on social media platforms
• Don’t say anything that might incriminate yourself
• Seek help from a Florida education lawyer as soon as possible

Our teacher defense lawyers can provide critical support by protecting your rights throughout the investigation process. They can also represent you in any resulting disciplinary proceedings. Our lawyers handle teaching license defense on a regular basis, and they know what it takes to skillfully navigate these sensitive issues.

What Are Settlement Agreements?

A settlement is a way to resolve a complaint without a contested hearing. Often, the Department of Education will offer a proposed settlement agreement. You don’t have to accept that settlement. In fact, it’s best not to accept it until you’ve spoken with a lawyer.

Our attorneys for teachers can protect your rights and negotiate on your behalf for a fair settlement. They can be fierce advocates for you in the hearing and in court if your case progresses to those stages.

Can You Still Teach If You Have A Criminal Record?

Having a criminal record does not necessarily prevent you from teaching in Florida. However, it depends on the nature and severity of the criminal record as well as the outcome of the case.

Certain offenses – such as violent crimes, sex offenses and many felonies – will disqualify you from holding a teaching license. But other types of offenses might not be an issue.

If you have a criminal record or are facing criminal charges, please consult with our lawyers for guidance on your teaching license. We can help you proactively address the potential ramifications.