Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance.
(A) Standard 1.1. The educator shall not intentionally,
knowingly, or recklessly engage in deceptive practices regarding official
policies of the school district, educational institution, educator
preparation program, the Texas Education Agency, or the State Board
for Educator Certification (SBEC) and its certification process.
(B) Standard 1.2. The educator shall not intentionally,
knowingly, or recklessly misappropriate, divert, or use monies, personnel,
property, or equipment committed to his or her charge for personal
gain or advantage.
(C) Standard 1.3. The educator shall not submit fraudulent
requests for reimbursement, expenses, or pay.
(D) Standard 1.4. The educator shall not use institutional
or professional privileges for personal or partisan advantage.
(E) Standard 1.5. The educator shall neither accept
nor offer gratuities, gifts, or favors that impair professional judgment
or that are used to obtain special advantage. This standard shall
not restrict the acceptance of gifts or tokens offered and accepted
openly from students, parents of students, or other persons or organizations
in recognition or appreciation of service.
(F) Standard 1.6. The educator shall not falsify records,
or direct or coerce others to do so.
(G) Standard 1.7. The educator shall comply with state
regulations, written local school board policies, and other state
and federal laws.
(H) Standard 1.8. The educator shall apply for, accept,
offer, or assign a position or a responsibility on the basis of professional
qualifications.
(I) Standard 1.9. The educator shall not make threats
of violence against school district employees, school board members,
students, or parents of students.
(J) Standard 1.10. The educator shall be of good moral
character and be worthy to instruct or supervise the youth of this
state.
(K) Standard 1.11. The educator shall not intentionally,
knowingly, or recklessly misrepresent his or her employment history,
criminal history, and/or disciplinary record when applying for subsequent
employment.
(L) Standard 1.12. The educator shall refrain from
the illegal use, abuse, or distribution of controlled substances,
prescription drugs, and toxic inhalants.
(M) Standard 1.13. The educator shall not be under
the influence of alcohol or consume alcoholic beverages on school
property or during school activities when students are present.
(2) Ethical Conduct Toward Professional Colleagues.
(A) Standard 2.1. The educator shall not reveal confidential
health or personnel information concerning colleagues unless disclosure
serves lawful professional purposes or is required by law.
(B) Standard 2.2. The educator shall not harm others
by knowingly making false statements about a colleague or the school
system.
(C) Standard 2.3. The educator shall adhere to written
local school board policies and state and federal laws regarding the
hiring, evaluation, and dismissal of personnel.
(D) Standard 2.4. The educator shall not interfere
with a colleague's exercise of political, professional, or citizenship
rights and responsibilities.
(E) Standard 2.5. The educator shall not discriminate
against or coerce a colleague on the basis of race, color, religion,
national origin, age, gender, disability, family status, or sexual
orientation.
(F) Standard 2.6. The educator shall not use coercive
means or promise of special treatment in order to influence professional
decisions or colleagues.
(G) Standard 2.7. The educator shall not retaliate
against any individual who has filed a complaint with the SBEC or
who provides information for a disciplinary investigation or proceeding
under this chapter.
(H) Standard 2.8. The educator shall not intentionally
or knowingly subject a colleague to sexual harassment.
(3) Ethical Conduct Toward Students.
(A) Standard 3.1. The educator shall not reveal confidential
information concerning students unless disclosure serves lawful professional
purposes or is required by law.
(B) Standard 3.2. The educator shall not intentionally,
knowingly, or recklessly treat a student or minor in a manner that
adversely affects or endangers the learning, physical health, mental
health, or safety of the student or minor.
(C) Standard 3.3. The educator shall not intentionally,
knowingly, or recklessly misrepresent facts regarding a student.
(D) Standard 3.4. The educator shall not exclude a
student from participation in a program, deny benefits to a student,
or grant an advantage to a student on the basis of race, color, gender,
disability, national origin, religion, family status, or sexual orientation.
(E) Standard 3.5. The educator shall not intentionally,
knowingly, or recklessly engage in physical mistreatment, neglect,
or abuse of a student or minor.
(F) Standard 3.6. The educator shall not solicit or
engage in sexual conduct or a romantic relationship with a student
or minor.
(G) Standard 3.7. The educator shall not furnish alcohol
or illegal/unauthorized drugs to any person under 21 years of age
unless the educator is a parent or guardian of that child or knowingly
allow any person under 21 years of age unless the educator is a parent
or guardian of that child to consume alcohol or illegal/unauthorized
drugs in the presence of the educator.
(H) Standard 3.8. The educator shall maintain appropriate
professional educator-student relationships and boundaries based on
a reasonably prudent educator standard.
(I) Standard 3.9. The educator shall refrain from inappropriate
communication with a student or minor, including, but not limited
to, electronic communication such as cell phone, text messaging, email,
instant messaging, blogging, or other social network communication.
Factors that may be considered in assessing whether the communication
is inappropriate include, but are not limited to:
(i) the nature, purpose, timing, and amount of the
communication;
(ii) the subject matter of the communication;
(iii) whether the communication was made openly, or
the educator attempted to conceal the communication;
(iv) whether the communication could be reasonably
interpreted as soliciting sexual contact or a romantic relationship;
(v) whether the communication was sexually explicit;
and
(vi) whether the communication involved discussion(s)
of the physical or sexual attractiveness or the sexual history, activities,
preferences, or fantasies of either the educator or the student.
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