YOUR JOB
Professional boundaries with students Teachers are perceived as role models in the community, and the laws and regulations that mandate appropriate standards of conduct reflect that expectation. Failure to comply with these standards can lead to adverse employment action, certification sanctions and criminal consequences.
TCTA ONLINE TRAINING ON PROFESSIONAL BOUNDARIES Watch TCTA’s free online continuing professional education video “Texting Your Way Into Trouble: How to Keep Your Relationships With Students Professional,” at tcta.org/seminars to earn 1.25 CPE credit hours.
Sexual relationships with students
Sexual contact or indecent exposure with a minor is a felony that requires the perpetrator to register as a sex offender. It also is a felony for any school district employee to engage in a sexual relationship with a student, even if that student is of the legal age of consent. This prohibition includes students enrolled in schools where the teacher is not employed. A person who is a member of the Teacher Retirement System and is convicted of certain felonies that involve sexual abuse of a student or minor will be ineligible to receive a service retirement annuity from the retirement system. In 2019, lawmakers responded to concerns about educator misconduct by mandating that the Texas Education Agency maintain and make available through an internet portal a registry of persons not eligible for employment in a school district, District of Innovation, open-enrollment charter school, or other charter entity, education service center, or shared services arrangement. Private schools are provided access to the registry. A person who is the subject of a report alleging specified misconduct (the person was terminated or resigned and there is evidence the person abused or committed an unlawful act with a student or minor or was involved in a romantic relationship or solicited or engaged in sexual contact with a student or minor) is entitled to a hearing on the merits of the allegations. In the event that a report of alleged misconduct is sent by the
superintendent or equivalent to TEA, the agency must promptly send notification that the person has 10 days to request a hearing and provide a written response. If the person does not submit a written response to show cause why the commissioner should not pursue an investigation, the agency will make available through an online portal information indicating that the person is under investigation for alleged misconduct. If the person does not request a hearing in a timely fashion, the commissioner shall make a determination as to alleged misconduct based on the report submitted to TEA. If the commissioner determines that the person engaged in the described misconduct, the person will be added to the do-not-hire registry. If the person requests a hearing and the final decision determines that the person did not engage in the alleged misconduct, the agency will immediately remove from the portal the information indicating the person is under investigation for alleged misconduct. A school district must complete an investigation into allegations of educator misconduct, even if the educator resigns from the school district. School districts must notify the parent or
ELECTRONIC MEDIA AND SOCIAL NETWORKING School districts are required by law to adopt a policy regarding electronic communications between employees and students. Most districts’ policies extend standards of conduct to use of electronic media and social networking sites, and the Code of Ethics imposes limitations on such communications.
designate only specific individuals who may send text messages to students and place time limitations on when educators may communicate with students. TCTA-initiated legislation that was passed in 2017 says that teachers may decline to disclose their personal email or cellphone number to students.
Educators are held to the same standards of conduct in their use of electronic media and social networking as for any other public communication. All communications with students or minors, whether electronic or in person, should be professional and appropriate.
Continuing education requirements
Many districts have even adopted policies specifying that teachers may communicate with their own children and their children’s friends using personal social networking sites, but may not do so with current or former students with whom there is no separate social relationship. Some districts have policies that
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Information about inappropriate relationships, boundaries and communications between educators and students must be included in the content presented in each educator preparation program. Continuing education requirements for certificate renewal specify that instruction regarding understanding of appropriate relationships, boundaries and communications between educators and students is one of the topics that must be covered in at least 25% of the CPE hours required of a teacher every five years.
