November 2016 Committee on School Initiatives Item 9
Review of Proposed Amendments to 19 TAC Chapter 247, Educators' Code of Ethics
November 18, 2016
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 247, Educators' Code of Ethics. The proposed amendment to 19 TAC §247.1 would make conforming changes to correctly refer to the titles of cross-referenced sections from 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The proposed amendment to 19 TAC §247.2 would implement the Every Student Succeeds Act (ESSA) and would make it a violation of the Educators' Code of Ethics for an educator to be intoxicated on school property or during school activities when students are present.
STATUTORY AUTHORITY: The statutory authority for 19 TAC §247.1 and §247.2 is Texas Education Code (TEC), §21.031(a) and §21.041(a) and (b)(1), (7), and (8); and 20 United States Code, §7926 (ESSA).
TEC, §21.031(a), charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators.
TEC, §21.041(a), authorizes the SBEC to adopt rules as necessary to implement its procedures. TEC, §21.041(b)(1), (7), and (8), give the SBEC rulemaking authority to regulate educators, provide for disciplinary proceedings against educators, and create and enforce an educator's code of ethics.
20 United States Code, §7926 (ESSA), requires state educational agencies to adopt rules prohibiting school employees from assisting another school employee in obtaining a new job, if the school employee seeking employment has engaged in illegal sexual misconduct with a student or minor.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC §247.1 and §247.2 would be December 27, 2016.
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.
The proposed amendment to 19 TAC §247.1 would conform the titles of cross-referenced sections in 19 TAC Chapter 249 to the new titles of those sections following recent revisions to Chapter 249.
The proposed amendment to 19 TAC §247.2(1)(M) is intended to prohibit educators from being under the influence of alcohol while working as educators. Without language explicitly prohibiting educators from being under the influence of alcohol, it has been difficult for the SBEC to penalize educators who exhibit symptoms of alcohol intoxication while working as educators, but are not witnessed actually drinking on campus.
The proposed amendment that would add new 19 TAC §247.2(1)(N) is intended to implement the ESSA, 20 United States Code, §7926 (2015), which requires state educational agencies that receive federal funds to adopt rules that prohibit school employees from assisting other school employees from obtaining new jobs if the individual knows or has probable cause to believe that the individual seeking a job has engaged in sexual misconduct regarding a minor or student.
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 has determined that there is no additional fiscal impact on state and local governments and 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. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendments to 19 TAC §247.1 and §247.2 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 proposed amendments would have no additional procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no additional locally maintained paperwork requirements.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 247, Educators' Code of Ethics.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner
Educator Leadership and Quality
Laura Moriaty, Director
Legal Services for Educator Leadership and Quality
Doug Phillips, Director
Educator Investigations
Attachments:
I. Statutory Citations (PDF, 18KB)
II. Text of Proposed Amendments to 19 TAC Chapter 247, Educators' Code of Ethics (PDF, 44KB)