Source Note: The provisions of this §247.2 adopted to be effective March 1, 1998, 23 TexReg 1022; amended to be
effective August 22, 2002, 27 TexReg 7530; amended to be effective December 26, 2010, 35 TexReg 11242
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(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
_____ (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.