19 TAC §247.2
The State Board for Educator Certification (SBEC) proposes
amendments to §247.2, relating to the Code of Ethics and Standard Practices
for Texas Educators (Educator's Code of Ethics). The proposed changes to the
Educator's Code of Ethics and the reasons for them are explained below.
Section 247.2(a): Statement of Purpose. Perhaps the most noticeable revision
to the Code of Ethics is the replacement of the subsection formally headed
"Professional Responsibility" with a "Statement of Purpose," which outlines
a philosophy of ethical and professional conduct for Texas educators. While
all educators should aspire to exemplify the highest standards of their profession,
the declaration of ethical conduct contained in this Statement of Purpose
is intended only to establish general ethical guidelines for educators, not
to outline sanctionable conduct. In contrast, the principles and standards
contained in the revised Code of Ethics delineate specific behaviors which
reflect a violation of an educator's ethical obligations and which may subject
an educator to sanctions.
Section 247.2(b): Enforceable Standards. To streamline and simplify the
Educators' Code of Ethics, the drafters of the revised Code decided to reduce
the number of principles from five to three. The first two principles of the
current Code of Ethics-"Principle I: Professional ethical and conduct," §247.2(b),
and "Principle II: Professional practices and performance," §247.2(c)
-have been merged into one broader principle entitled "Professional Ethical
Conduct, Practices and Performances," proposed §247.2(b)(1). The rationale
behind this merger is that both Principle I and Principle II establish general
guidelines governing the ethical conduct of educators, while the other principles
specifically address the conduct of educators towards particular classes of
individuals, such as students or professional colleagues. Additionally, current
Principle V-"Ethical conduct toward parents and community," §247.2(e)-has
been removed. While the Revisions Committee does not intend simply to release
educators from an obligation to behave ethically towards parents and the community,
the concepts addressed under Principle V do not properly identify the clear
standards of conduct required to establish the Code of Ethics as an effective
and enforceable document. Therefore, language outlining an educator's ethical
responsibility to parents and the community has been included in the Statement
of Purpose.
The principles of ethical behavior contained in the revised Code of Ethics
address three categories of educator conduct: ethical conduct generally, ethical
conduct towards professional colleagues, and ethical conduct toward students.
Each principle is further defined by specific, observable standards of conduct
describing unethical behaviors that may subject the educator to sanctions.
The principles are arranged in paragraphs under §247.2(b) and their related
standards are set out in corresponding subparagraphs. A brief explanation
of the reasons behind the changes follows:
Section 247.2(b)(1): Professional Ethical Conduct, Practices, and Performance.
SUBPARAGRAPH (A): "Standard 1.1. The educator shall not knowingly engage
in deceptive practices regarding official policies of the school district
or educational institution."
This standard provides that, in order to commit an ethical violation, an
educator must knowingly attempt to deceive or actually deceive an individual
regarding official policies of the school district or an educational institution
through deceptive practices, which may be written or oral conduct by the educator.
(Proposed amendment of current Principle I, Standard 1, at §247.2(b)(1).)
SUBPARAGRAPH (B): "Standard 1.2. The educator shall not knowingly misappropriate,
divert or use monies, personnel, property or equipment committed to his or
her charge for personal gain or advantage."
To clearly define an educator's ethical obligations regarding the property
and personnel placed under his or her control, the drafters of the revised
Code propose this standard, which better identifies the unethical conduct
required to comply with this ethical obligation. This amended standard is
proposed because the current Code of Ethics, which requires an educator to
"honestly account for all funds committed to his or her charge," does not
adequately identify conduct that is required for full compliance with the
standard. (Proposed amendment of current Principle I, Standard 2, at §247.2(b)(2).)
SUBPARAGRAPH (C): "Standard 1.3. The educator shall not submit fraudulent
requests for reimbursement, expenses or pay."
This new standard is proposed to identify particular types of unethical
conduct not specifically delineated in the current Code of Ethics. Presently,
the Code speaks of conducting financial business with integrity (Principle
I, Standard 2, at §247.2(b)(2)) without offering any guidance regarding
that business which is subject to this provision and what, precisely, constituted
unethical conduct regarding an educator's financial business.
SUBPARAGRAPH (D): "Standard 1.4. The educator shall not use institutional
or professional privileges for personal or partisan advantage."
No amendment is proposed for this standard (currently Principle I, Standard
3, at §247.2(b)(3)).
SUBPARAGRAPH (E): "Standard 1.5. The educator shall neither accept nor
offer gratuities, gifts, or favors that impair professional judgment or to
obtain special advantage. This standard shall not restrict the acceptance
of gifts or tokens offered and accepted openly from students, parents, or
other persons or organizations in recognition or appreciation of service."
This proposed standard combines two of the current standards (Principle
I, Standard 4, at §247.2(b)(4); Principle I, Standard 5, at §247.2(b)(5)),
so that it includes both the offer and the acceptance of inappropriate gifts
that may impair the educator. The drafters of the revised Code of Ethics recognize
that tokens of appreciation given to educators are commonplace and that the
acceptance of these nominal gifts should not constitute unethical behavior
by the educator. Consequently, this revised standard specifically excludes
from any definition of unethical behavior tokens of recognition, such as plaques,
fruit, baked goods, coffee mugs, ornaments, and the like in an effort to reflect
the normal, acceptable interactions between educators, students, and parents.
SUBPARAGRAPH (F): "Standard 1.6. The educator shall not falsify records,
or direct or coerce others to do so."
No amendment is proposed for this standard (currently Principle I, Standard
6, at §247.2(b)(6)).
SUBPARAGRAPH (G): "Standard 1.7. The educator shall comply with state regulations,
written local school board policies and other applicable state and federal
laws."
No amendment is proposed for this standard (currently Principle II, Standard
5, at §247.2(c)(5)).
SUBPARAGRAPH (H): "Standard 1.8. The educator shall apply for, accept,
offer, or assign a position or a responsibility on the basis of professional
qualifications."
The amendment to this standard (currently Principle II, Standard 1, §247.2(c)(1))
is proposed to remove the language "and shall adhere to the terms of a contract
or appointment." Contract abandonment and assignment are adequately addressed
elsewhere in the Board's rules (i.e., at 19 TAC §249.14).
Section 247.2(b)(2): Ethical Conduct Toward Professional Colleagues.
SUBPARAGRAPH (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."
The proposed amendment for this standard (currently Principle III, Standard
1, at §247.2(d)(1)) adds the phrase "health or personnel" to clarify
what types of information should not be revealed.
SUBPARAGRAPH (B): "Standard 2.2. The educator shall not harm others by
knowingly making false statements about a colleague or the school system."
This standard (currently Principle III, Standard 2, at §247.2(d)(2))
would be amended to require that, to be sanctioned, the educator must have
made a false statement that actually caused harm to a professional colleague.
SUBPARAGRAPH (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."
To clarify that ethical conduct applies to individuals and not to policies
and procedures, the proposed amendment for this standard (currently Principle
III, Standard 3, at §247.2(d)(3)) would apply it to "personnel" rather
than to "processes."
SUBPARAGRAPH (D): "Standard 2.4. The educator shall not interfere with
a colleague's exercise of political, professional, or citizenship rights and
responsibilities."
This standard (currently Principle III, Standard 4, at §247.2(d)(4))
is proposed for amendment to include professional rights, such as the right
to belong to a professional organization.
SUBPARAGRAPH (E): "Standard 2.5. The educator shall not discriminate against
or coerce a colleague on the basis of race, color, religion, national origin,
age, sex, disability, or family status."
The Board proposes to eliminate the word "harass" from this standard (currently
Principle III, Standard 5, at §247.2(d)(5)). Because sexual harassment
is addressed in state and federal law, includes the concept of harassment
in the definition of discrimination, the word "harass" is redundant.
SUBPARAGRAPH (F): "Standard 2.6. The educator shall not use coercive means
or promise of special treatment in order to influence professional decisions
or colleagues."
This standard (currently Principle III, Standard 7, at §247.2(d)(7))
is not proposed for amendment.
SUBPARAGRAPH (G): "Standard 2.7. The educator shall not retaliate against
any individual who has filed a complaint with the SBEC under this chapter."
This proposed new standard would help protect complainants from retaliation
for filing complaints against educators with SBEC.
Section247.2(b)(3): Ethical Conduct Toward Students.
SUBPARAGRAPH (A): "Standard 3.1. The educator shall not reveal confidential
information concerning students unless disclosure serves lawful professional
purposes or is required by law."
The Board does not propose amending this standard (currently Principle
IV, Standard 3, at §247.2(e)(3)).
SUBPARAGRAPH (B): "Standard 3.2. The educator shall not knowingly treat
a student in a manner that adversely affects the student's learning, physical
health, mental health or safety."
The amendment proposed for this standard (currently Principle IV, Standard
4, at §247.2(e)(4)) requires that an educator knowingly treat a student
in a harmful manner to violate this provision of the Code of Ethics. The current
standard requires that an educator make a reasonable effort to protect a student
from harmful conditions. To warrant sanction, the educator must willfully
commit misconduct that adversely affects a student's well-being.
SUBPARAGRAPH (C): "Standard 3.3. The educator shall not deliberately or
knowingly misrepresent facts regarding a student."
This standard (currently Principle IV, Standard 5, at §247.2(e)(5))
now requires that an educator shall not "distort facts." The proposed amendment
prohibits deliberate and knowing misrepresentations of fact regarding a student.
In the simplest terms, the revised language prohibits an educator from lying
about a student.
SUBPARAGRAPH (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, sex, disability, national origin,
religion, or family status."
The Board proposes to remove the word "unfairly" from this standard (currently
Principle IV, Standard 6, at §247.2(e)(6)). Whenever an educator treats
a student in the manner described in this provision, that treatment is "unfair"
by definition. Therefore, the word "unfair" is redundant.
SUBPARAGRAPH (E): "Standard 3.5. The educator shall not engage in physical
mistreatment of a student."
This proposed new standard reiterates an educator's responsibility to treat
every student in a respectful manner and specifies that inappropriate use
of force against a student is not tolerated by the educational community.
SUBPARAGRAPH (F): "Standard 3.6. The educator shall not solicit or engage
in sexual conduct or a romantic relationship with a student."
This proposed new standard specifies that any kind of romantic encounter
or relationship between an educator and a student is unacceptable, regardless
of the age of the student.
SUBPARAGRAPH (G): "Standard 3.7. The educator shall not furnish alcohol
or illegal/unauthorized drugs to any student or knowingly allow any student
to consume alcohol or illegal/unauthorized drugs in the presence of the educator."
This proposed new standard emphasizes that the educational community does
not tolerate the misconduct described in this provision.
Dan Junell, General Counsel, State Board for Educator Certification, has
determined that for the first five year period the amendments are in effect,
there will be no fiscal implications for state or local government or small
business as a result of enforcing the amendments. SBEC should realize savings
in disciplinary-proceedings costs through efficient enforcement of reasonable,
clear, and concise ethical standards, reducing the number of non-jurisdictional
and frivolous complaints. The agency, however, cannot now estimate the amount
of any such savings.
Mr. Junell also has determined that for each year of the first five years
that the amendments are in effect the public benefit anticipated as a result
of enforcing the amendments as proposed would benefit the public by helping
make public schools a safe and productive environment for students and educators.
If adopted, the revised Code of Ethics and Standards Practices for Texas Educators
would provide greater clarity regarding the professional standards expected
of all Texas educators and delineate those specific behaviors which may subject
educators to sanctions. The proposed revisions would streamline the Code of
Ethics and eliminate vague, ambiguous language, thus providing reasonable,
clear, and concise ethical standards for Texas educators to comply with. Persons
affected by these amendments should incur no additional costs as a result
of the implementation of the proposed rules.
Interested persons wishing to comment on the proposed rules must submit
their comments in writing to William M. Franz, Executive Director, State Board
for Educator Certification, 1001 Trinity, Austin, TX 78701-2603, within the
30-day comment period, which begins on the date of publication of this issue
of the
Texas Register
. The comments should
contain the following title or reference: "Comments on proposed amendments
to the Educator's Code of Ethics, 19 TAC §247.2."
The amendments are proposed under the authority of the following
provisions of the Education Code: §21.031(a), which empowers SBEC to
regulate and oversee all aspects of the standards of conduct of public school
educators; and §21.041(b)(8), which requires SBEC to propose rules that
provide for the enforcement and amendment of an educator's code of ethics.
The proposed amendment affects §21.031(a), Education Code, which requires
the Board to regulate and oversee all aspects of the standards of conduct
of public school educators; and §21.041(b)(7), Education Code, which
requires the Board to propose rules that provide for disciplinary proceedings,
including the suspension or revocation of an educator certificate, as provided
by Chapter 2001, Government Code.
§247.2.Code of Ethics and Standard Practices for Texas Educators.
(a)
Statement of Purpose. The Texas
educator shall comply with standard practices and ethical conduct toward students,
professional colleagues, school officials, parents, and members of the community
and shall safeguard academic freedom. The Texas educator, in maintaining the
dignity of the profession, shall respect and obey the law, demonstrate personal
integrity, and exemplify honesty. The Texas educator, in exemplifying ethical
relations with colleagues, shall extend just and equitable treatment to all
members of the profession. The Texas educator, in accepting a position of
public trust, shall measure success by the progress of each student toward
realization of his or her potential as an effective citizen. The Texas educator,
in fulfilling responsibilities in the community, shall cooperate with parents
and others to improve the public schools of the community.
(b)
Enforceable Standards.
(1)
Professional Ethical Conduct, Practices and
Performance.
(A)
Standard 1.1. The educator shall not knowingly
engage in deceptive practices regarding official policies of the school district
or educational institution.
(B)
Standard 1.2. The educator shall not knowingly
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
to obtain special advantage. This standard shall not restrict the acceptance
of gifts or tokens offered and accepted openly from students, parents, 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 applicable
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.
(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, sex, disability, or family status.
(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 under this
chapter.
(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 knowingly
treat a student in a manner that adversely affects the student's learning,
physical health, mental health, or safety.
(C)
Standard 3.3. The educator shall not deliberately
or knowingly 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, sex, disability,
national origin, religion, or family status.
(E)
Standard 3.5. The educator shall not engage
in physical mistreatment of a student.
(F)
Standard 3.6. The educator shall not solicit
or engage in sexual conduct or a romantic relationship with a student.
(G)
Standard 3.7. The educator shall not furnish
alcohol or illegal/unauthorized drugs to any student or knowingly allow any
student to consume alcohol or illegal/unauthorized drugs in the presence of
the educator.
[
(a)
Professional responsibility.
The Texas educator should strive to create an atmosphere that will nurture
to fulfillment the potential of each student. The educator shall comply with
standard practices and ethical conduct toward students, professional colleagues,
school officials, parents, and members of the community. In conscientiously
conducting his or her affairs, the educator shall exemplify the highest standards
of professional commitment.]
[
(b)
Principle I: Professional
ethical conduct. The Texas educator shall maintain the dignity of the profession
by respecting and obeying the law, demonstrating personal integrity, and exemplifying
honesty.]
[
(1)
Standard 1. The educator shall not intentionally
misrepresent official policies of the school district or educational institution
and shall clearly distinguish those views from personal attitudes and opinions.]
[
(2)
Standard 2. The educator shall honestly account
for all funds committed to his or her charge and shall conduct financial business
with integrity.]
[
(3)
Standard 3. The educator shall not use institutional
or professional privileges for personal or partisan advantage.]
[
(4)
Standard 4. The educator shall accept no gratuities,
gifts, or favors that impair professional judgment.]
[
(5)
Standard 5. The educator shall not offer any
favor, service, or thing of value to obtain special advantage.]
[
(6)
Standard 6. The educator shall not falsify
records, or direct or coerce others to do so.]
[
(c)
Principle II: Professional
practices and performance. The Texas educator, after qualifying in a manner
established by law or regulation, shall assume responsibilities for professional
administrative or teaching practices and professional performance and shall
demonstrate competence.]
[
(1)
Standard 1. The educator shall apply for, accept,
offer, or assign a position or a responsibility on the basis of professional
qualifications and shall adhere to the terms of a contract or appointment.]
[
(2)
Standard 2. The educator shall not deliberately
or recklessly impair his or her mental or physical health or ignore social
prudence, thereby affecting his or her ability to perform the duties of his
or her professional assignment.]
[
(3)
Standard 3. The educator shall organize instruction
that seeks to accomplish objectives related to learning.]
[
(4)
Standard 4. The educator shall continue professional
growth.]
[
(5)
Standard 5. The educator shall comply with
written local school board policies, state regulations, and other applicable
state and federal laws.]
[
(d)
Principle III: Ethical conduct
toward professional colleagues. The Texas educator, in exemplifying ethical
relations with colleagues, shall accord just and equitable treatment to all
members of the profession.]
[
(1)
Standard 1. The educator shall not reveal confidential
information concerning colleagues unless disclosure serves lawful professional
purposes or is required by law.]
[
(2)
Standard 2. The educator shall not willfully
make false statements about a colleague or the school system.]
[
(3)
Standard 3. The educator shall adhere to written
local school board policies and state and federal laws regarding dismissal,
evaluation, and employment processes.]
[
(4)
Standard 4. The educator shall not interfere
with a colleague's exercise of political and citizenship rights and responsibilities.]
[
(5)
Standard 5. The educator shall not discriminate
against, coerce, or harass a colleague on the basis of race, color, religion,
national origin, age, sex, disability, or family status.]
[
(6)
Standard 6. The educator shall not intentionally
deny or impede a colleague in the exercise or enjoyment of any professional
right or privilege.]
[
(7)
Standard 7. The educator shall not use coercive
means or promise of special treatment in order to influence professional decisions
or colleagues.]
[
(8)
Standard 8. The educator shall have the academic
freedom to teach as a professional privilege, and no educator shall interfere
with such privilege except as required by state and/or federal laws.]
[
(e)
Principle IV: Ethical conduct
toward students. The Texas educator, in accepting a position of public trust,
should measure success by progress of each student toward realization of his
or her potential as an effective citizen.]
[
(1)
Standard 1. The educator shall deal considerately
and justly with each student and shall seek to resolve problems including
discipline according to law and school board policy.]
[
(2)
Standard 2. The educator shall not intentionally
expose the student to disparagement.]
[
(3)
Standard 3. The educator shall not reveal confidential
information concerning students unless disclosure serves lawful professional
purposes or is required by law.]
[
(4)
Standard 4. The educator shall make reasonable
effort to protect the student from conditions detrimental to learning, physical
health, mental health, or safety.]
[
(5)
Standard 5. The educator shall not deliberately
distort facts.]
[
(6)
Standard 6. The educator shall not unfairly
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, sex, disability,
national origin, religion, or family status.]
[
(7)
Standard 7. The educator shall not unreasonably
restrain the student from independent action in the pursuit of learning or
deny the student access to varying points of view.]
[
(f)
Principle V: Ethical conduct
toward parents and community. The Texas educator, in fulfilling citizenship
responsibilities in the community, should cooperate with parents and others
to improve the public schools of the community.]
[
(1)
Standard 1. The educator shall make reasonable
effort to communicate to parents information that lawfully should be revealed
in the interest of the student.]
[
(2)
Standard 2. The educator shall endeavor to
understand community cultures and relate the home environment of students
to the school.]
[
(3)
Standard 3. The educator shall manifest a positive
role in school-public relations.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 13, 2002.
TRD-200202927
William Franz
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 469-3011