700.1

700.1PThe Teacher: Performance-based

Assessment
Part 1: Educator Code of Ethics
As you have learned in this course, teachers serve as role models and your conduct, both on

and off the job, can significantly impact your professional image. In this project, you are to

read each scenario and answer the questions that follow.

Your Task:
For each scenario (2), you are to write a paragraph of at least 1/2 page in length that will:

• Identify the ethical behavior/dilemma,

• Cite the standard of professional behavior from the Code of Ethics the action violates
using the number and letter and exact language of the standard.

• Provide justification for your selection of the standard, and

• Describe an alternate behavior that is detailed and appropriate to take in that situation.

You are expected to use professional language, spelling, and grammar.

Scenario 1
The Life Skills classroom at Hasting High provides Community Based Instruction to its small

group of students with severe disabilities. The district provides some funds for transportation

and community outings, but it isn’t usually enough to keep the students busy throughout the

school year. To help with the funds, the principal allows the students, with the support of the

teachers, to sell breakfast items to the school three days a week. This fundraiser becomes very

popular with the rest of the student body because the breakfast items are inexpensive,

delivered straight to their 1st period classes, and they get to feel good about helping the Life

Skills classroom in a positive way. Ever since the Life Skills fundraising began, the Student

Council sponsor, Mrs. Sumner, has noticed that support for their daily candy fundraiser has

declined, and she believes it is due to the popularity of the breakfast items being sold. One day

she notices a Life Skills student and one of the teachers, Mr. Moore, out making deliveries and

collecting money. The student is clearly struggling with handling the money, so Mr. Moore helps

her by taking some of the money and putting it into his own pocket. Mrs. Sumner sees only this

small interaction and has no other context for the exchange. Later that day, when speaking to a

group of other teachers she mentions seeing Mr. Moore putting some of the breakfast

fundraiser money into his pocket. Over the next several days, this comment makes its way

through the faculty, and when she is questioned by other faculty members, Mrs. Sumner’s

response is that she did see Mr. Moore pocket the money, but she doesn’t know what he did

with it after that. In the same conversations, she also casually mentions the expensive new car

Mr. Moore recently started driving.

Questions:

1. Identify the behaviors (if any) that you believe violate standards in the Educator Code

of Ethics.

2. Which standards do you think were violated? Explain your reasoning. If you feel that

no standards were violated, explain your reasoning.

3. Should Mr. Moore and/or Mrs. Sumner have handled this situation differently so as

not to violate the Code of Ethics, or (if you feel that there was no violation) to avoid

their actions being

called into question?

Scenario 2
Mrs. Nelson is a 5th grade teacher at Xander Elementary School. Mrs. Nelson is very tech-savvy

and uses many forms of social media to communicate with her parents and students. At the

beginning of the year she asks parents to follow her on a communication app, Remind, so that

they can receive important text reminders about upcoming events. Remind is typically used for

group communication. For example, Mrs. Nelson might send out a reminder to the class that

they have a field trip and will need to remember to bring their lunch. After receiving a group

text, parents then have the option to respond individually to Mrs. Nelson and they can then

carry on a conversation in a private environment if they need to discuss more student-specific

information. Many of her students have their own cell phones and have also begun following

Mrs. Nelson on the Remind app. While Mrs. Nelson does not encourage this, she doesn’t

remove them when they do. It has never been an issue in the past, and she assumes it might

help them to know about upcoming and important events too. Mrs. Nelson is a very loved and

respected teacher, and she is known for providing a very safe and nurturing environment in her

classroom. Whenever a student is struggling with an issue, he or she knows that Mrs. Nelson

will listen and support them. Because of the precarious nature of 5th grade, students often

come to Mrs. Nelson with all kinds of problems. After sending out a Remind text about the

upcoming early dismissal day, a student, Maddie, responded with a private message to Mrs.

Nelson telling her that she needed to talk to her about a problem. Mrs. Nelson tells her to come

to her first thing in the morning, so they can talk before class begins. The next morning, Maddie

shows up early to class as instructed and tells Mrs. Nelson that she thinks something is wrong

with her because she doesn’t like boys the way her friends do, but she really doesn’t want to be

gay. She is afraid of what her parents and friends would say if she never likes boys the way she

thinks she is supposed to. Though she was a little taken aback by this confession, Mrs. Nelson

assures her that she will be ok, and that it is ok that she doesn’t have the answers to those

questions right now. Thinking about it later that evening, Mrs. Nelson was concerned that she

hadn’t been supportive enough in talking with Maddie, so she sends her a private Remind text

saying, “I want you to know that you are a very smart and beautiful young lady, and that won’t

change if you like boys or girls. I won’t say anything to anyone about our conversation.”

Questions:

1. Identify the behaviors (if any) that you believe violate standards in the Educator Code
of Ethics.

2. Which standards do you think were violated? Explain your reasoning. If you feel that
no standards were violated, explain your reasoning.

3. Should Mrs. Nelson have handled this situation differently so as not to violate the

Code of Ethics, or (if you feel that there was no violation) to avoid her actions being

called into question?

Part 2: Effective

Communication with Parents

The Situation
Brandon, a student in Ms. Jennings 7th grade science class, had his phone out during a major

exam. Ms. Jennings established testing procedures at the beginning of the year. Phones are to

be put away during tests and quizzes. All students are to place their phones in their backpacks.

Students know that – if they do not follow this rule – Ms. Jennings will take up their phone for

the duration of the class. If a student violates this rule twice, Ms. Jennings takes up the

phone, notifies the parent, and assigns a detention.

When Ms. Jennings calls Brandon’s mother, she explains the situation and that, when she

questioned him, he indicated to her that he knew he wasn’t supposed to have his phone out but

kept it anyway so he could check the time. The mother became upset that Brandon had

received a detention for this and sent the following email after the conversation.

I am highly disappointed in how this issue was handled with my son. I really believe the

teachers at this school are out to get him. It is evident by how you seemed happy to tell me

that Brandon was going to have a detention. It is obvious he does not understand the

seriousness of this. However, you all are so quick to punish him. Did anyone triple check if he

understood the penalties of having a phone? He did not engage in taking pictures or use it for

cheating. However, he was treated like he did. I disagree with after school detention.

Mrs. Jackson

Your Task
Respond to Mrs. Jackson in a paragraph or two. Your response should reflect effective

communication skills such as setting aside judgement and remaining calm. You should address

her concerns and assert yourself through the values of the district.

You are expected to use professional language, spelling, and grammar.

Part 3:

Relations with Colleagues

The Situation
In order to illustrate the importance of early trade in her world history class, Ms. Jeffries asks students

to bring snacks the next day of class to use in a simulation activity. Several students forget and Ms.

Jeffries sends them to the vending machine in the cafeteria at the very beginning of class to purchase

some. A short time later, Mrs. Daniels, an assistant principal, escorts them back to Ms. Jeffries room.

While still about 100 feet from the classroom Mrs. Daniels yells “Did you send these kids to the

cafeteria?” Ms. Jeffries acknowledges that she did and starts to explain when Mrs. Daniels remarks,

“Don’t you know that you aren’t supposed to send students out of the classroom for snacks? Don’t ever

do that again!” Ms. Jeffries’ students try to explain but Mrs. Daniels cuts them off. Once the students

are inside the classroom, Ms. Jeffries starts to give instructions for the activity, but she is fuming. She

was just reprimanded in front of her students.

Your Task
In a paragraph or two explain how Ms. Jeffries should handle the situation. Be sure to consider the

following:

1. Did Ms. Jeffries do anything inappropriate? If so, what should she have done instead?

2. Did Mrs. Daniels do anything inappropriate? If so, what should she have done instead?

3. According to guidelines of effective communication, what should Ms. Jeffries do next? Be

specific in how she should approach the situation and Mrs. Daniels.

SCORING CRITERIA
Code of Ethics portion:

• Identification of behavior

• Standard(s) cited and justification

• Identification of alternative, ethical behavior

• Professional Writing

Communication with Parents

• Effective Communication

• Concerns Addressed

• Professional Writing
Relations with Colleagues

• Identification of inappropriate behavior and alternatives

• Explanation of Next Steps

• Professional Writing

TNT 700.1P PERFORMANCE BASED ASSESSMENT RESPONSE GUIDE

TASK 1 — The Texas Educator Code of Ethics: Read the instructions and both scenarios and write a paragraph of at least 1/2 page
for each scenario,
responding to the prompts. Answer the three questions at the end of each scenario, in which you* identify the behavior(s), if any, that you believe violate standards in the Educator Code of Ethics. You must cite the standard from the Code of Ethics, using the letter, number and exact language of the standard. * Explain your reasoning in the selection of the standard(s) or your reasoning if you believe no standards were violated. Additionally, *describe an alternate behavior that is detailed and appropriate to take in that situation. Use professional language, spelling and grammar in your response.

1. Scenario 1 Response:

2. Scenario 2 Response:

TASK 2 – Effective Communication with Parents: Read the scenario in part 2 regarding the parent communication. Respond to the parent in a paragraph or two. Your response should reflect effective communication skills such as setting aside judgement and remaining calm. Address the parent’s concerns and assert yourself through your values. Use professional language, spelling and grammar.

TASK 3 – Effective Relations with Colleagues: Read the scenario provided and in a paragraph or two, describe how Ms. Jeffries should handle the situation. Read the questions following the scenario and incorporate your responses to the questions in the paragraph. Your response must be in the form of a professionally written paragraph.

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TITLE 19 EDUCATION
PART 7 STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 247 EDUCATORS’ CODE OF ETHICS
RULE §247.1 Purpose and Scope; Definitions

(a) In compliance with the Texas Education Code, §21.041(b)(8), the State Board for Educator
Certification (SBEC) adopts an Educators’ Code of Ethics as set forth in §247.2 of this title (relating to
Code of Ethics and Standard Practices for Texas Educators). The SBEC may amend the ethics code in
the same manner as any other formal rule.

(b) 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 and good moral character. 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. This chapter shall apply to
educators and candidates for certification.

(c) The SBEC is solely responsible for enforcing the Educators’ Code of Ethics for purposes related to
certification disciplinary proceedings. The Educators’ Code of Ethics is enforced through the
disciplinary procedure set forth in Chapter 249 of this title (relating to Disciplinary Proceedings,
Sanctions, and Contested Cases) pursuant to the purposes stated therein.

(d) As provided in §249.5 of this title (relating to Purpose), the primary goals the SBEC seeks to
achieve in educator disciplinary matters are:

(1) to protect the safety and welfare of Texas schoolchildren and school personnel;

(2) to ensure educators and applicants are morally fit and worthy to instruct or to supervise the youth
of the state; and

(3) to fairly and efficiently resolve educator disciplinary proceedings at the least expense possible to
the parties and the state.

(e) The following words, terms, and phrases, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.

(1) Abuse–Includes the following acts or omissions:

(A) mental or emotional injury to a student or minor that results in an observable and material
impairment in the student’s or minor’s development, learning, or psychological functioning;

(B) causing or permitting a student or minor to be in a situation in which the student or minor

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sustains a mental or emotional injury that results in an observable and material impairment in the
student’s or minor’s development, learning, or psychological functioning;

(C) physical injury that results in substantial harm to a student or minor, or the genuine threat of
substantial harm from physical injury to the student or minor, including an injury that is at variance
with the history or explanation given and excluding an accident or reasonable discipline; or

(D) sexual conduct harmful to a student’s or minor’s mental, emotional, or physical welfare.

(2) Applicant–A party seeking any of the following from the Texas Education Agency staff or the
State Board for Educator Certification: issuance of a certificate (including issuance of a new certificate
following revocation, cancellation, or surrender of a previously issued certificate); renewal of a
certificate; or reinstatement of a suspended certificate.

(3) Code of Ethics–The Code of Ethics and Standards of Practices for Texas Educators, pursuant to
this chapter.

(4) Complaint–A written statement submitted to the Texas Education Agency staff that contains
essential facts alleging improper conduct by an educator, applicant, or examinee, and provides grounds
for sanctions.

(5) Contested case–A proceeding under Chapter 249 of this title (relating to Disciplinary Proceedings,
Sanctions, and Contested Cases) in which the legal rights, duties, and privileges of a party are to be
determined by the State Board for Educator Certification after an opportunity for an adjudicative
hearing.

(6) Disciplinary proceedings–Contested case proceedings before the Texas Education Agency staff,
the State Office of Administrative Hearings, and the State Board for Educator Certification that
commence when a request for hearing is timely filed under Chapter 249 of this title (relating to
Disciplinary Proceedings, Sanctions, and Contested Cases).

(7) Educator–A person who is required to hold a certificate issued under the Texas Education Code,
Chapter 21, Subchapter B.

(8) Endanger–Exposure of a student or minor to unjustified risk of injury or to injury that jeopardizes
the physical health or safety of the student or minor without regard to whether there has been an actual
injury to the student or minor.

(9) Good moral character–The virtues of a person as evidenced, at a minimum, by his or her not
having committed crimes relating directly to the duties and responsibilities of the education profession
as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for
a Certificate under Texas Occupations Code, Chapter 53) or acts involving moral turpitude.

(10) Intentionally–An educator acts intentionally, or with intent, with respect to the nature of his or
her conduct or to a result of his or her conduct when it is his or her conscious objective or desire to
engage in the conduct or cause the result.

(11) Knowingly–An educator acts knowingly, or with knowledge, with respect to the nature of his or
her conduct or to circumstances surrounding his or her conduct when he or she is aware of the nature of
the conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect

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to a result of his or her conduct when he or she is aware that the conduct is reasonably certain to cause
the result.

(12) Minor–A person under 18 years of age.

(13) Moral turpitude–Improper conduct including, but not limited to, the following: dishonesty; fraud;
deceit; theft; misrepresentation; deliberate violence; base, vile, or depraved acts that are intended to
arouse or to gratify the sexual desire of the actor; drug or alcohol related offenses as described in
§249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate
under Texas Occupations Code, Chapter 53); or acts constituting abuse or neglect under the Texas
Family Code, §261.001.

(14) Neglect–The placing or leaving of a student or minor in a situation where the student or minor
would be exposed to a substantial risk of physical or mental harm.

(15) Recklessly–An educator acts recklessly, or is reckless, with respect to circumstances surrounding
his or her conduct or the results of his or her conduct when he or she is aware of but consciously
disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.

(16) Sanction–

(A) a disciplinary action by the State Board for Educator Certification, including a restriction,
reprimand, suspension, surrender, or revocation of a certificate; or

(B) a reasonable and lawful punitive measure imposed by the administrative law judge or presiding
officer against a party, representative, or other participant involved in a disciplinary proceeding,
hearing, or other matter under Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions,
and Contested Cases).

(17) State Board for Educator Certification–The State Board for Educator Certification acting through
its voting members in a decision-making capacity.

(18) State Board for Educator Certification member(s)–One or more of the members of the State
Board for Educator Certification, appointed and qualified under the Texas Education Code, §21.033.

(19) Student–A person enrolled in a primary or secondary school, whether public, private, or charter,
regardless of the person’s age, or a person 18 years of age or younger who is eligible to be enrolled in a
primary or secondary school, whether public, private, or charter.

(20) Texas Education Agency staff–Staff of the Texas Education Agency assigned by the
commissioner of education to perform the State Board for Educator Certification’s administrative
functions and services.

(21) Worthy to instruct or to supervise the youth of this state–Presence 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 State Board for Educator Certification policy and this
chapter. “Unworthy to instruct” serves as a basis for sanctions under §249.15(b)(2) of this title (relating
to Disciplinary Action by State Board for Educator Certification) and is not limited to specific criminal
convictions.

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TITLE 19 EDUCATION
PART 7 STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 247 EDUCATORS’ CODE OF ETHICS
RULE §247.2 Code of Ethics and Standard Practices for Texas Educators

Enforceable Standards.

(1) Professional Ethical Conduct, Practices and Performance.

(A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive
practices regarding official policies of the school district, educational institution, educator preparation
program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its
certification process.

(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 of students, 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 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.

(I) Standard 1.9. The educator shall not make threats of violence against school district employees,
school board members, students, or parents of students.

(J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or
supervise the youth of this state.

(K) Standard 1.11. The educator shall not intentionally or knowingly misrepresent his or her
employment history, criminal history, and/or disciplinary record when applying for subsequent
employment.

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(L) Standard 1.12. The educator shall refrain from the illegal use or distribution of controlled
substances and/or abuse of prescription drugs and toxic inhalants.

(M) Standard 1.13. The educator shall not consume alcoholic beverages on school property or during
school activities when students are present.

(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, gender, disability, family status, or sexual orientation.

(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 or who provides information for a disciplinary investigation or proceeding 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 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 orientation.

(E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical
mistreatment, neglect, or abuse of a student or minor.

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(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.

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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CODE OF ETHICS