The State Board for Educator Certification (SBEC) met Aug. 13 to consider proposed revisions to the Educators’ Code of Ethics (COE). ATPE participated in several stakeholder meetings prior to the Aug. 13 meeting to discuss the proposed revisions, which were drafted by Texas Education Agency (TEA) staff members. Although those discussions helped to improve the proposed revisions, several sections of the amendments remain a concern.

ATPE testified before the board that the revisions contain undefined terms such as “appropriate” and “excessive,” terms that are too vague and subjective to be widely understood by educators and consistently enforced by the board. Furthermore, the proposed revisions contain numerous new references to ambiguous “moral” standards, as well as create new standards by which educators will be judged for their behavior outside of the classroom and in situations not involving their own students. ATPE believes that the proposed changes to the COE further blur the lines between matters that are related to an individual’s ability to be a good teacher for purposes of SBEC sanctions and those that are not.

The proposed revisions also seek to give SBEC more leverage in pursuing cases against educators who “inappropriately” use electronic communications (e.g., e-mail, text messages, Facebook, etc.) with students, such as for the purpose of soliciting or engaging in romantic relationships. Although ATPE believes it is important for educators to recognize that they should refrain from using electronic communication methods for illicit purposes, the proposed COE revisions are so vague and restrictive that they could result in educators facing disciplinary action for conduct that is completely innocent. Several board members expressed concern about the attempt to prohibit “excessive” communication between educators and minors and noted that many school districts encourage their teachers to communicate electronically with students.

The board ultimately voted to formally propose the amendments after making only minor adjustments. The proposed rule changes will be posted for public comment in the Texas Register for 30 days. After the public comment period closes, the proposed revisions will be brought back to SBEC in October for a final vote. If adopted, the revisions will be subject to review by the State Board of Education before implementation.

Questions? Contact ATPE Governmental Relations.