(51) Solicitation of a romantic relationship--Deliberate
or repeated acts that can be reasonably interpreted as the solicitation
by an educator of a relationship with a student that is romantic in
nature. A romantic relationship is often characterized by a strong
emotional or sexual attachment and/or by patterns of exclusivity but
does not include appropriate educator-student relationships that arise
out of legitimate contexts such as familial connections or longtime
acquaintance. The following acts, considered in context, may constitute
prima facie evidence of the solicitation by an educator of a romantic
relationship with a student:
(A) behavior, gestures, expressions, or communications
with a student that are unrelated to the educator's job duties and
evidence a romantic intent or interest in the student, including statements
of love, affection, or attraction. Factors that may be considered
in determining the romantic intent of such communications or behavior,
include, without limitation:
(i) the nature of the communications;
(ii) the timing of the communications;
(iii) the extent of the communications;
(iv) whether the communications were made openly or
secretly;
(v) the extent that the educator attempts to conceal
the communications;
(vi) if the educator claims to be counseling a student,
the State Board for Educator Certification may consider whether the
educator's job duties included counseling, whether the educator reported
the subject of the counseling to the student's guardians or to the
appropriate school personnel, or, in the case of alleged abuse or
neglect, whether the educator reported the abuse or neglect to the
appropriate authorities; and
(vii) any other evidence tending to show the context
of the communications between educator and student;
(B) making inappropriate comments about a student's
body, creating or transmitting sexually suggestive photographs or
images, or encouraging the student to transmit sexually suggestive
photographs or images;
(C) making sexually demeaning comments to a student;
(D) making comments about a student's potential sexual
performance;
(E) requesting details of a student's sexual history;
(F) requesting a date, sexual contact, or any activity
intended for the sexual gratification of the educator;
(G) engaging in conversations regarding the sexual
problems, preferences, or fantasies of either party;
(H) inappropriate hugging, kissing, or excessive touching;
(I) providing the student with drugs or alcohol;
(J) violating written directives from school administrators
regarding the educator's behavior toward a student;
(K) suggestions that a romantic relationship is desired
after the student graduates, including post-graduation plans for dating
or marriage; and
(L) any other acts tending to show that the educator
solicited a romantic relationship with a student.
(52) State assessment testing violation--Conduct that
violates the security or confidential integrity of any test or assessment
required by the Texas Education Code, Chapter 39, Subchapter B, or
conduct that is a departure from the test administration procedures
established by the commissioner of education in Chapter 101 of this
title (relating to Assessment). The term does not include benchmark
tests or other locally required assessments.
(53) State Board for Educator Certification--The State
Board for Educator Certification acting through its voting members
in a decision-making capacity.
(54) State Board for Educator Certification member(s)--One
or more of the members of the State Board for Educator Certification,
appointed and qualified under the Texas Education Code, §21.033.
(55) Student--A person enrolled in a primary or secondary
school, whether public, private, or charter, regardless of the person's
age, or a person 18 years of age or younger who is eligible to be
enrolled in a primary or secondary school, whether public, private,
or charter.
(56) Surrender--An educator's voluntary relinquishment
of a particular certificate in lieu of disciplinary proceedings under
this chapter resulting in an order of revocation of the certificate.
(57) Suspension--A sanction imposed by the State Board
for Educator Certification (SBEC) temporarily invalidating a particular
certificate until reinstated by the SBEC.
(58) Test administration rules or procedures--Rules
and procedures governing professional examinations administered by
the State Board for Educator Certification through the Texas Education
Agency staff and a test contractor, including policies, regulations,
and procedures set out in a test registration bulletin.
(59) Texas Education Agency staff--Staff of the Texas
Education Agency assigned by the commissioner of education to perform
the State Board for Educator Certification's administrative functions
and services.
(60) Unworthy to instruct or to supervise the youth
of this state--Absence of those moral, mental, and psychological qualities
that are required to enable an educator to render the service essential
to the accomplishment of the goals and mission of the State Board
for Educator Certification policy and Chapter 247 of this title (relating
to Educators' Code of Ethics). Unworthy to instruct serves as a basis
for sanctions under §249.15(b)(2) of this title (relating to
Disciplinary Action by State Board for Educator Certification) and
for administrative denial under §249.12(b) of this title (relating
to Administrative Denial; Appeal). A determination that a person is
unworthy to instruct does not require a criminal conviction. It is
a rebuttable presumption that an educator who violates written directives
from school administrators regarding the educator's behavior toward
a student is unworthy to instruct or to supervise the youth of this
state.
(61) Virtual certificate--The official record of a
person's certificate status as maintained on the Texas Education Agency's
website.
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Source Note: The provisions of this §249.3 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective June 21, 2009, 34 TexReg 3944; amended to be effective December 26, 2010, 35 TexReg 11249; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113; amended to be effective March 8, 2018, 43 TexReg 1273; amended to be effective October 21, 2018, 43 TexReg 6841 |