Review of Proposed Amendments to 19 TAC Chapter 247, Educators' Code of Ethics, and 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions
November 19, 2010
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 247, Educators' Code of Ethics, and 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions. The proposed amendments to 19 TAC Chapter 247 would update the Educators' Code of Ethics to clarify and better address current issues relating to ethical and professional educator conduct. This item also includes a proposed amendment to 19 TAC §249.3 to incorporate technical edits and add definitions for words, terms, and phrases contained in 19 TAC Chapter 247, Educators' Code of Ethics.
STATUTORY AUTHORITY: The statutory authority for the proposed amendments to 19 TAC Chapter 247 and for 19 TAC §249.3 is the Texas Education Code (TEC), §21.041(b)(1), (7), and (8).
EFFECTIVE DATE: The proposed effective date of the amendments to 19 TAC Chapter 247 and §249.3 would be December 26, 2010.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBEC rules in 19 TAC Chapter 247 establish the purpose and scope of the Educators' Code of Ethics and standard practices for Texas educators. Section 249.3, Definitions, establishes definitions for words, terms, and phrases used in 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases.
Proposed Amendments to 19 TAC Chapter 247, Educators' Code of Ethics
The proposed amendments to 19 TAC Chapter 247, shown in Attachment II, would update the Educators' Code of Ethics to clarify and better address current issues relating to ethical and professional educator conduct. The proposed amendments reflect input received at the March 25, 2010 and June 28, 2010 stakeholder meetings, including changes adopted, subject to SBOE review, by the SBEC at its October meeting. Following is a description of the proposed changes.
Section 247.1 would be reorganized to reflect language previously included in §247.2. Specifically, the statement of purpose currently in 19 TAC §247.2(a) would be amended and moved to §247.1(b). Language currently in §247.1(a) would be amended and moved as proposed new subsection (c) to provide for the enforcement of the Educators' Code of Ethics through the disciplinary proceedings provided in 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. Proposed new subsection (d) would reference the primary goals for such disciplinary proceedings, as provided in 19 TAC §249.5, Purpose.
Since published as proposed, changes would be made to further clarify and enhance the provisions in Chapter 247, as well as in response to requests by the SBEC, public testimony given at the August 2010 meeting, and public comments received.
Since published as proposed, §247.1(e) would be revised to remove the incorporation by reference to 19 TAC §249.3, Definitions, and, instead, add the definitions for words and terms used in Chapter 247 to be consistent with definitions in §249.3. The definition of "endanger" in new paragraph (8) would cover only exposure of a student or minor to an "unjustified" risk. Definitions for "intentionally," "knowingly," and "minor" would be included as new paragraphs (10), (11), and (12), respectively, in §247.1(e), and the definition for "negligence" would not be included in §247.1(e). In addition, the phrase "worthy to instruct or to supervise the youth of this state" would be defined in new paragraph (21). The section title of 19 TAC §247.1 would also be amended to include "definitions."
The proposed amendment to 19 TAC §247.2 would move current subsection (a) to §247.1, as previously described, and, as a result, current subsection (b) would be reorganized accordingly. Language in paragraph (1)(A), Standard 1.1, would be amended to include intentionally and recklessly, as well as knowingly deceptive practices, and to specifically cover deceptive practices regarding official policies of educator preparation programs, the Texas Education Agency, and the SBEC, as well as school districts and educational institutions. Paragraph (1)(G), Standard 1.7, would be amended to strike the word "applicable." Proposed new paragraph (1)(I), Standard 1.9, would prohibit threats of violence against school district employees, school board members, students, or parents of students. Proposed new paragraph (1)(J), Standard 1.10, would provide that an educator shall be of good moral character and be worthy to instruct or to supervise the youth of this state. Since published as proposed, the reference to the definitions in §249.3 would be deleted as it is no longer necessary and the phrase "demonstrate that he or she is fit" would be replaced with the word "be" since "fit" is not a defined term.
Since published as proposed, language in proposed new paragraph (1)(K), Standard 1.11, would be amended to replace the term "purposefully" with the terms "intentionally or knowingly," which are defined terms, to provide that an educator should not "intentionally or knowingly" misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment.
Proposed new paragraph (1)(L), Standard 1.12, would provide that an educator should refrain from the illegal use or distribution of controlled substances and/or abuse of prescription drugs and toxic inhalants. Proposed new paragraph (1)(M), Standard 1.13, would provide that an educator should not consume alcoholic beverages on school property or during school activities when students are present.
Since published as proposed, language in paragraph (2)(B), Standard 2.2, would be amended to delete the word "recklessly." Paragraph (2)(E), Standard 2.5, would be amended to update the term "sex" to "gender" and include language to address discrimination against colleagues on the basis of sexual orientation. Paragraph (2)(G), Standard 2.7, would be amended to include retaliation against anyone who provides information for an SBEC disciplinary investigation or proceeding.
Language in paragraph (3)(B), Standard 3.2, would be amended to include the words "intentionally" and "recklessly" regarding the treatment by an educator that adversely affects or endangers a student or minor. Since published as proposed, the word "negligently" would be deleted in paragraph (3)(B). Paragraph (3)(C), Standard 3.3, would be amended to cover misrepresentations of facts regarding a student that are intentional or made with reckless disregard. Paragraph (3)(D), Standard 3.4, would be amended to update the term "sex" to "gender" and include language to address discrimination against students on the basis of sexual orientation. Paragraph (3)(E), Standard 3.5, would be amended to include intentionally, knowingly, or recklessly engaging in neglect or abuse of a student or minor, as well as physical mistreatment. Paragraph (3)(F), Standard 3.6, would be amended to include minors, as well as students. Since published as proposed, paragraph (3)(G), Standard 3.7, would be further amended to replace the phrase "student or minor" with the phrase "person under 21 years of age unless the educator is a parent or guardian of that child."
Proposed new paragraph (3)(H), Standard 3.8, would provide that an educator should maintain a professional educator-student relationship with students. Since published as proposed, language would be amended by adding the phrase "and boundaries based on a reasonably prudent educator standard."
Proposed new paragraph (3)(I), Standard 3.9, would provide that an educator should refrain from inappropriate communication, including electronic communication, with a student or minor. Since published as proposed, language would be amended by removing the words "excessive and/or" and "excessive or" since "excessive" is not a defined term.
Proposed Amendment to 19 TAC §249.3, Definitions
This item also presents the proposed amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions, shown in Attachment III. The proposed amendment reflects input received at the March 25, 2010 and June 28, 2010 stakeholder meetings, including changes adopted, subject to SBOE review, by the SBEC at its October meeting. Following is a description of the proposed changes.
The proposed amendment to 19 TAC §249.3 would add definitions for the terms "abuse," "endanger," "neglect," "physical mistreatment," and "student." The definition for the phrase "unworthy to instruct or to supervise the youth of this state" would be amended to clarify that a criminal conviction is not necessary to render an educator unworthy to instruct. The phrase would be defined as the 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 SBEC policy and the Educators' Code of Ethics.
Since published as proposed, changes would be made to further clarify and enhance the provisions in §249.3, as well as in response to requests by the SBEC, public testimony given at the August 2010 meeting, and public comments received.
Since published as proposed, the definitions of "abuse" and "neglect" would be expanded to include language as stated in the Texas Family Code. The definition of "endanger" would be amended to replace the term "child" with the term "student or minor" and clarify that "the risk" would be "unjustified risk," which would be consistent with the proposed definition in 19 TAC §247.1, Purpose and Scope; Definitions. Also, since published as proposed, definitions for "recklessly" and "worthy to instruct or to supervise the youth of this state" would be added as new paragraphs (37) and (53), respectively, to be consistent with the proposed definitions in §247.1(e)(15) and (21). In addition, the proposed definition of "negligence" would be deleted and, overall, the definitions in §249.3 would be renumbered accordingly to reflect the addition and deletion of definitions in this section.
Technical Changes
Throughout 19 TAC §249.3, the acronyms would be replaced with proper names since the section addresses definitions. Other technical edits would be made to reflect Texas Register formatting requirements.
SBOE Review of Proposed SBEC Rules
Under TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the proposed rules by a vote of at least two-thirds of the members of the SBOE present and voting.
FISCAL IMPACT: The TEA staff have determined that there are no additional costs to persons or entities required to comply with the proposed amendments. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendments would be updated definitions and standards of professional conduct more closely reflecting the expectations of the citizens of the state and the SBEC.
PROCEDURAL AND REPORTING IMPLICATIONS: The TEA staff have determined that there are no procedural and reporting implications to school districts and educators.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The TEA staff have determined that there are no locally maintained paperwork requirements to school districts and educators.
PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of the public comments received by the SBEC on its proposed rules was shared with the SBOE in a separate mailing prior to this SBOE meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: Stakeholder meetings were held on March 25, 2010 and June 28, 2010 for the purpose of reviewing and seeking input related to 19 TAC Chapter 247 and 19 TAC §249.3. The stakeholders included representatives from school districts, educator preparation programs, professional associations, and TEA staff.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 247, Educators' Code of Ethics; and
Take no action on the proposed amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Raymond F. Glynn, Deputy Commissioner
School District Leadership and Educator Quality
Jerel Booker, Associate Commissioner
Educator and Student Policy Initiatives
Karen Loonam, Deputy Associate Commissioner
Educator Certification, Standards, and Investigations
Merle Dover, Associate Deputy Counsel
Legal Services for Educator Certification, Standards, and Investigations
Andrew Allen, Assistant Counsel
Legal Services for Educator Certification, Standards, and Investigations
Attachments:
I. Statutory Citations
II. Text of Proposed Amendments to 19 TAC Chapter 247, Educators' Code of Ethics
III. Text of Proposed Amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions