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It is important as a professional school counselor to maintain appropriate relationships through secondary schooling because it keeps professional boundaries and allows for counselors and students to better serve each other at their highest quality. I chose the topic inappropriate relationships because it is important that we are aware of the consequences at the state and federal level since this situation is becoming more relevant in a school settings

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Inappropriate relationships breaks boundaries for professionalism when counseling and supporting a student. This can lead to personal bias counsel sessions and can also take away the focus of the students best interest emotionally and academically. Having inappropriate relationships breach’s counseling ethical codes that are created to uphold professionalism. These types of relationships can cause severe emotional damage to a student who is in need of counseling.

One issue that is emerging is the privacy of social media guidelines and what is appropriate to share and what is considered private. Having an open social media account opens up to have communicate outside of a school setting and could possibly open up to an inappropriate relationship. Not only is maintaining a private social media account important, but it also can protect educators of people perceiving certain behavior as unprofessional.

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Fox, R. (2021) American School Counselor Association. Frontloading Relationships. https://www.schoolcounselor.org/Newsletters/September-2021/Frontloading-Relationships?st=CT

Front loading relationships ensures that students and staff are safe and trust each other in healthy and appropriate ways. Since we know relationships can be very fluid it is important that students know they can trust and confide within a school counselor, but also know that they are safe and protected.

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From 40 years in public education, I've witnessed many fashionable programs come and go. But social/emotional learning (SEL) is not a program. It's a process, a mindful way of relating to self and others. It's not just for students, but for counselors, social workers, teachers, administrators, custodians, cafeteria staff, coaches and all who enter the school. We need an intentional way to take SEL from theory to practice and infuse it into the daily routine by modeling it for our students and our colleagues.

School counselors are the the epicenter of the school's social/emotional energy system and the go-to person for almost everyone when issues and crises arise. The impact of our words and actions ripple through the school hallways and shift the energy one encounter at a time. Why not start the school year consciously modeling effective relationship practices?

Relationships are living, fluid entities that we can nurture and influence with integrity. The best time to create psychological safety and trust with others is at the very beginning of relationships. Fortunately, most of our school connections hit the reset button after summer vacation and have the potential for fresh starts.

I call this frontloading relationships.

We can do this with our students, our co-workers and even with the parents of our students. Every minute we spend frontloading our relationships comes back to us exponentially because we pave the way for the next level of trust.

Taking the time to listen to our students before they need guidance or to be talked down from a heightened, emotional drama allows us to know their stories. Asking questions and listening to discern their values, beliefs, and fears gifts us with a more complete picture of who they are. Their concerns, feelings, hopes, and dreams now float around them and are present in our awareness. When our eyes meet next, the connection has the potential to speak without words and see without judgment.

Time spent frontloading relationships will be paid back in full when you need to address concerning behaviors. So when a kid slams a door, flips a teacher off, or says something hurtful, you can use what you've developed with that student to quickly get to a deeper place where you're dealing with the cause and not just reacting to the behavior.

By modeling compassionate interactions, we can help teachers relate to students with empathy as they learn to co-create solutions that go beyond labeling and blame. Then collaborative problem solving occurs on a table already set for progressing positively toward resolution as a team.

Frontloading relationships with students, colleagues and parents is a proactive, time-consuming, connection-building act of kindness. It gives an advantage that will serve you well throughout the school year.

Here are some practical ways to frontload your relationships at the start of the school year:

Greet students in the morning as they enter the building. Your welcoming face can lift their spirits, set a tone for their day, and may lead a troubled child to your door.

Make a schedule to visit all classrooms directly

Let students know who you are, what you do, and where they can find you.

Talk about the power of social/emotional learning and how it impacts their academic, social and personal success.

Inform them that you can connect them to important resources - they are not alone. There is always someone to help them manage difficult situations and overwhelming emotions

Lead a fun ice-breaker exercise so students learn about others in their classroom. When they learn about their classmates' passions and challenges, it's harder to objectify and marginalize them and easier to be compassionate and kind.

Invite new students to a curated lunch bunch to get to know other students and address their common anxieties, concerns and issues.

Visit the tables in the cafeteria to say hello and observe the social interactions or isolation.

Be visible, friendly and accessible in hallways between classes

Build trust with teachers by scheduling individual meetings early on

Help them understand your role.

Let them know you are there for them when they need something.

Inform them that you are on their team; they don't have to deal with difficult situations alone.

Leave an encouraging handwritten note to a struggling student or colleague who needs a little tenderness. This will warm your heart twice - once when you thoughtfully write it, and again when you witness how much it means to them.

Introduce yourself via the school newsletter so parents know your area of expertise and how to access you.

Update your website with local resources, inspiring messages and links to trusted mental health websites.

Spending your precious time at the beginning of the year frontloading relationships can produce an elevated sense of accomplishment. I remember driving home some days fueled by joy after successfully connecting to a student (or colleague or parent) and helping them work through a painful experience. Frontloading relationships at the start of a school year allows us to build an optimum environment for education - both academic and social/emotional - to flourish. And your heart will too.
Robin Fox M.Ed., an SEL educator, meditator and professional improv actor, has worked in K-12 schools for over 40 years. She has produced an SEL curriculum, SocialEyes Together, www.social-eyes.org

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From 40 years in public education, I've witnessed many fashionable programs come and go. But social/emotional learning (SEL) is not a program. It's a process, a mindful way of relating to self and others. It's not just for students, but for counselors, social workers, teachers, administrators, custodians, cafeteria staff, coaches and all who enter the school.

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Pettit, E. (2020) The Chronicle of Higher Education. How One University Revised Its Policy on Faculty-Student Relationships. https://www.chronicle.com/article/how-one-university-revised-its-policy-on-faculty-student-relationships

Having inappropriate relationships between a student and a staff member can cause a conflict of interest.

The University prohibited all relationship between staff members with graduate and under graduate students.

As a professor it is unethical to have such relationships with students.

The university re-wrote the policy since it had not been updated since 1996.

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DeBrock, R. (2022) The Intelligencer. New bill targets student, teacher relationships. https://www.theintelligencer.com/news/article/Stuart-bill-addresses-student-teacher-17469912.php

There is a loophole or a blind area of student- teacher relationships, where the student is of age to have a relationship.

This law is to completely outlaw any type of student-teacher relationship regardless of legal age between the two.

Even at a legal age, there is no student who is at legal who can mindfully commit to a relationship of this sort.

This law would appeal to secondary to public and non-public schooling because all student should feel safe at all times.

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EDWARDSVILLE - Inappropriate and coercive teacher-student relationships would be outlawed under legislation introduced by state Rep. Katie Stuart, D-Edwardsville.

The legislation targets a loophole revealed by reports of a former Granite City teacher's sexual relationship with an 18-year-old student.

Stuart introduced House Bill 5809 in response to an incident in which a male former teacher at Granite City High School published an online book detailing a reported sexual relationship with a female student, then 18 years old.

The student later obtained a restraining order against the teacher. The teacher resigned and has lost his teaching license. He was cleared of criminal wrongdoing because the student was above the legal age of consent at the time.

"My bill will close what is, honestly, an appalling blind spot in our current state laws," Stuart said. "No educator should be having this kind of relationship with a student, and no student - regardless of age - can truly consent to this kind of relationship. The risk of coercion is too high, and the imbalance of power is too great."

Stuart's bill updates the legal definitions of various sexual offenses to include relationships between a teacher, coach or other school official, with any student - including students over the age of 18.

This would apply to both public and nonpublic secondary schools, and would apply to all interactions regardless of where they take place.

"Keeping students safe in and out of school is a fundamental part, not just of education policy, but of overall public safety policy," Stuart said. "I plan to energetically pursue passage of this important bill into law as soon as possible."

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New bill targets student, teacher relationships

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This is a carousel. Use Next and Previous buttons to navigate EDWARDSVILLE - Inappropriate and coercive teacher-student relationships would be outlawed under legislation introduced by state Rep. Katie Stuart, D-Edwardsville. The legislation targets a loophole revealed by reports of a former Granite City teacher's sexual relationship with an 18-year-old student.

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20 U.S. Code § 1681

Title IX, sexual harrasment code prohibits any sexual harassment in a school setting

All schools should have their own policy in place to address such sexual activity

This title is part of of the constitutional law

According to Title XI, sexual harassment is prohibited in any
school setting. According to federal law Title IX, all schools including private and secondary should have a published public policy addressing sexual harassment, sexual relationships and a protocol to report such incidents.

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PDF (138K)
Know Your Rights : Title IX Prohibits Sexual Harassment and
Sexual Violence Where You Go to School What are a school's responsibilities to address sexual harassment and sexual violence?
Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities (hereinafter "schools") receiving any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.
What procedures must a school have in place to prevent sexual harassment and sexual violence and resolve complaints?
Below is additional information regarding the specific requirements of Title IX as they pertain to sexual harassment and sexual violence.

A school has a responsibility to respond promptly and effectively. If a school knows or reasonably should know about sexual harassment or sexual violence that creates a hostile environment, the school must take immediate action to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects.

Even if a student or his or her parent does not want to file a complaint or does not request that the school take any action on the student's behalf, if a school knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation.

A criminal investigation into allegations of sexual harassment or sexual violence does not relieve the school of its duty under Title IX to resolve complaints promptly and equitably.

Every School Must Have And Distribute A Policy Against Sex Discrimination

Title IX requires that each school publish a policy that it does not discriminate on the basis of sex in its education programs and activities. This notice must be widely distributed and available on an on-going basis.

The policy must state that inquiries concerning Title IX may be referred to the school's Title IX coordinator or to OCR.

Every School Must Have A Title IX Coordinator

Every school must designate at least one employee who is responsible for coordinating the school's compliance with Title IX. This person is sometimes referred to as the Title IX coordinator. Schools must notify all students and employees of the name or title and contact information of the Title IX coordinator.

The coordinator's responsibilities include overseeing all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

Every School Must Have And Make Known Procedures For Students To File Complaints Of Sex Discrimination.

Title IX requires schools to adopt and publish grievance procedures for students to file complaints of sex discrimination, including complaints of sexual harassment or sexual violence. Schools can use general disciplinary procedures to address complaints of sex discrimination. But all procedures must provide for prompt and equitable resolution of sex discrimination complaints.

Every complainant has the right to present his or her case. This includes the right to adequate, reliable, and impartial investigation of complaints, the right to have an equal opportunity to present witnesses and other evidence, and the right to the same appeal processes, for both parties.

Every complainant has the right to be notified of the time frame within which: (a) the school will conduct a full investigation of the complaint; (b) the parties will be notified of the outcome of the complaint; and (c) the parties may file an appeal, if applicable.

Every complainant has the right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred).

Every complainant has the right to be notified, in writing, of the outcome of the complaint. Even though federal privacy laws limit disclosure of certain information in disciplinary proceedings:

Schools must disclose to the complainant information about the sanction imposed on the perpetrator when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall.

Additionally, the Clery Act (20 U.S.C. §1092(f)), which only applies to postsecondary institutions, requires that both parties be informed of the outcome, including sanction information, of any institutional proceeding alleging a sex offense. Therefore, colleges and universities may not require a complainant to abide by a non-disclosure agreement, in writing or otherwise.

The grievance procedures may include voluntary informal methods (e.g., mediation) for resolving some types of sexual harassment complaints. However, the complainant must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process. In cases involving allegations of sexual assault, mediation is not appropriate.

If you want to learn more about your rights, or if you believe that a school district, college, or university is violating Federal law, you may contact the U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or ocr@ed.gov. If you wish to fill out a complaint form online, you may do so at: http://www2.ed.gov/about/offices/list/ocr/complaintintro.html .

Use of the term "sexual harassment" throughout this document includes sexual violence unless otherwise noted.

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harassment; discrimination; sexual abuse; violence; sexual violence; gender-based harassment; sexual harassment; sex discrimination

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Know Your Rights: Title IX Prohibits Sexual Harassment and Sexual Violence Where You Go to School

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Dear Colleague Letter: Know Your Rights: Title IX Prohibits Sexual Harassment and Sexual Violence Where You Go to School

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Tex. Pen. Code § 21.12

This penal code is part of the Statutory Law because it is a state statute that was formed from a code of law.

Chapter 21 explain that any private or public employee is committing an offence when encountering any sexual contact.

This offence can be in any private or public school with an employee.

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PENAL CODE



TITLE 5. OFFENSES AGAINST THE PERSON



CHAPTER 21. SEXUAL OFFENSES



Sec. 21.01. DEFINITIONS. In this chapter:


(1) "Deviate sexual intercourse" means:


(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or


(B) the penetration of the genitals or the anus of another person with an object.


(2) "Sexual contact" means, except as provided by Section 21.11, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.


(3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.


(4) "Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 96, Sec. 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 739, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.124, eff. September 1, 2005.


Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN. (a) In this section, "child" has the meaning assigned by Section 22.011(c).


(b) A person commits an offense if:


(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and


(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.


(c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws:


(1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually;


(2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child;


(3) sexual assault under Section 22.011;


(4) aggravated sexual assault under Section 22.021;


(5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4);


(6) sexual performance by a child under Section 43.25;


(7) trafficking of persons under Section 20A.02(a)(7) or (8); and


(8) compelling prostitution under Section 43.05(a)(2).


(d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.


(e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c):


(1) is charged in the alternative;


(2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or


(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b).


(f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim.


(g) It is an affirmative defense to prosecution under this section that the actor:


(1) was not more than five years older than:


(A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or


(B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim;


(2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and


(3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense:


(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or


(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c).


(h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years.


Added by Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.17, eff. September 1, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.04, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 31, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 2, eff. September 1, 2017.


Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 2472.



Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.


(b) An offense under this section is a Class C misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 21.07. PUBLIC LEWDNESS.


(a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's:


(1) act of sexual intercourse;


(2) act of deviate sexual intercourse; or


(3) act of sexual contact.


(b) An offense under this section is a Class A misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 1, eff. September 1, 2017.


Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.


(b) An offense under this section is a Class B misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 509, ch. 924, Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 21.09. BESTIALITY. (a) A person commits an offense if the person knowingly:


(1) engages in an act involving contact between:


(A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or


(B) the person's anus or genitals and the mouth of the animal;


(2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing;


(3) causes an animal to contact the seminal fluid of the person;


(4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice;


(5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4);


(6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4);


(7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4);


(8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control;


(9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or


(10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4).


(b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree.


(c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice.


Added by Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 2, eff. September 1, 2017.


Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:


(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or


(2) with intent to arouse or gratify the sexual desire of any person:


(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or


(B) causes the child to expose the child's anus or any part of the child's genitals.


(b) It is an affirmative defense to prosecution under this section that the actor:


(1) was not more than three years older than the victim and of the opposite sex;


(2) did not use duress, force, or a threat against the victim at the time of the offense; and


(3) at the time of the offense:


(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or


(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.


(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.


(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:


(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or


(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.


(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 1, eff. September 1, 2009.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 32, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 3, eff. September 1, 2017.


Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. (a) An employee of a public or private primary or secondary school commits an offense if the employee:


(1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works;


(2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:


(A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or


(B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or


(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.


(b) An offense under this section is a felony of the second degree.


(b-1) It is an affirmative defense to prosecution under this section that:


(1) the actor was the spouse of the enrolled person at the time of the offense; or


(2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school.


(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.


(d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code.


Added by Acts 2003, 78th Leg., ch. 224, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 610 (H.B. 401), Sec. 1, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 772 (H.B. 3659), Sec. 1, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 2, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 3, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 1, eff. September 1, 2017.


Sec. 21.15. INVASIVE VISUAL RECORDING. (a) In this section:


(1) "Female breast" means any portion of the female breast below the top of the areola.


(2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.


(3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.


(4) "Promote" has the meaning assigned by Section 43.21.


(b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:


(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;


(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or


(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).


(c) An offense under this section is a state jail felony.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.


(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.


Added by Acts 2001, 77th Leg., ch. 458, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 500, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 306 (H.B. 1804), Sec. 1, eff. September 1, 2007.


Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 1, eff. June 18, 2015.


Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 2, eff. June 18, 2015.


Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. (a) In this section:


(1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person.


(2) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.


(3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.


(4) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.


(5) "Visual material" means:


(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or


(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.


(b) A person commits an offense if:


(1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct;


(2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;


(3) the disclosure of the visual material causes harm to the depicted person; and


(4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:


(A) any accompanying or subsequent information or material related to the visual material; or


(B) information or material provided by a third party in response to the disclosure of the visual material.


(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:


(1) in return for not making the disclosure; or


(2) in connection with the threatened disclosure.


(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.


(e) It is not a defense to prosecution under this section that the depicted person:


(1) created or consented to the creation of the visual material; or


(2) voluntarily transmitted the visual material to the actor.


(f) It is an affirmative defense to prosecution under Subsection (b) or (d) that:


(1) the disclosure or promotion is made in the course of:


(A) lawful and common practices of law enforcement or medical treatment;


(B) reporting unlawful activity; or


(C) a legal proceeding, if the disclosure or promotion is permitted or required by law;


(2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person's voluntary exposure of:


(A) the person's intimate parts; or


(B) the person engaging in sexual conduct; or


(3) the actor is an interactive computer service, as defined by 47 U.S.C. Section 230, and the disclosure or promotion consists of visual material provided by another person.


(g) An offense under this section is a state jail felony.


(h) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.


Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 3, eff. September 1, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(b), eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1354 (H.B. 98), Sec. 2, eff. September 1, 2019.


Sec. 21.17. VOYEURISM. (a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.


(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor.


(c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.


(d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.


(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.


Added by Acts 2015, 84th Leg., R.S., Ch. 676 (H.B. 207), Sec. 1, eff. September 1, 2015.


Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(35), eff. September 1, 2017.


Sec. 21.18. SEXUAL COERCION. (a) In this section:


(1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c).


(2) "Sexual conduct" has the meaning assigned by Section 43.25.


(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:


(1) intimate visual material;


(2) an act involving sexual conduct causing arousal or gratification; or


(3) a monetary benefit or other benefit of value.


(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:


(1) intimate visual material; or


(2) an act involving sexual conduct causing arousal or gratification.


(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.


(e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(c), eff. September 1, 2017.


Added by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 4(b), eff. September 1, 2017.


Sec. 21.19. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16.


(b) A person commits an offense if the person knowingly transmits by electronic means visual material that:


(1) depicts:


(A) any person engaging in sexual conduct or with the person's intimate parts exposed; or


(B) covered genitals of a male person that are in a discernibly turgid state; and


(2) is not sent at the request of or with the express consent of the recipient.


(c) An offense under this section is a Class C misdemeanor.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.


Added by Acts 2019, 86th Leg., R.S., Ch. 848 (H.B. 2789), Sec. 1, eff. September 1, 2019.

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PENAL CODE TITLE 5. OFFENSES AGAINST THE PERSON CHAPTER 21. SEXUAL OFFENSES Sec. 21.01. DEFINITIONS. In this chapter: (1) "Deviate sexual intercourse" means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object.

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Slide #8 Protection of Children Against Children Exploitation Act (18 U.S.C § 2251)

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Slide #8 Protection of Children Against Children Exploitation Act (18 U.S.C § 2251)

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Protection of Children Against Children Exploitation Act (18 U.S.C § 2251),

This law is a federal statute law

This act states that any person who employs or assist in any sexual activity with a minor will receive a consequence.

There are state consequences in place under their law and regulations

This federal states the consequences as an umbrella while states continue to have their own laws.

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18 U.S.C. § 2251- Sexual Exploitation of Children
(Production of child pornography)
18 U.S.C. § 2251A- Selling and Buying of Children
18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors
(Possession, distribution and receipt of child pornography)
18 U.S.C. § 2252A- certain activities relating to material constituting or containing child pornography
18 U.S.C. § 2256- Definitions
18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States

Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.

Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.

Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce (See 18 U.S.C. § 2251; 18 U.S.C. § 2252; 18 U.S.C. § 2252A). Specifically, Section 2251 makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct. Any individual who attempts or conspires to commit a child pornography offense is also subject to prosecution under federal law.

Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the U.S. Mails or common carriers to transport child pornography across state or international borders. Additionally, federal jurisdiction almost always applies when the Internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials, such as the computer used to download the image or the CD-ROM used to store the image, originated or previously traveled in interstate or foreign commerce.

In addition, Section 2251A of Title 18, United States Code, specifically prohibits any parent, legal guardian or other person in custody or control of a minor under the age of 18, to buy, sell, or transfer custody of that minor for purposes of producing child pornography.

Lastly, Section 2260 of Title 18, United States Code, prohibits any persons outside of the United States to knowingly produce, receive, transport, ship, or distribute child pornography with intent to import or transmit the visual depiction into the United States.

Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.

It is important to note that an offender can be prosecuted under state child pornography laws in addition to, or instead of, federal law.

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Citizen's Guide To U.S. Federal Law On Child Pornography

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18 U.S.C. § 2251- Sexual Exploitation of Children (Production of child pornography) 18 U.S.C. § 2251A- Selling and Buying of Children 18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors (Possession, distribution and receipt of child pornography) 18 U.S.C.

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Tex. Pen. Code § 43.25

This penal code is a state statutory law.

This law prohibits any child to employ in any physical or emotional sexual activity under the age of 18.

This statute states that it is illegal to promote any sexual explicit photos that are visually seen.

This statute makes it illegal for any intent to view inappropriate photos.

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PENAL CODE



TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY



CHAPTER 43. PUBLIC INDECENCY



SUBCHAPTER A. PROSTITUTION



Sec. 43.01. DEFINITIONS. In this subchapter:


(1) "Access software provider" means a provider of software, including client or server software, or enabling tools that perform one or more of the following functions:


(A) filter, screen, allow, or disallow content;


(B) select, analyze, or digest content; or


(C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.


(1-a) "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person.


(1-b) "Fee" means the payment or offer of payment in the form of money, goods, services, or other benefit.


(1-c) "Information content provider" means any person or entity that is wholly or partly responsible for the creation or development of information provided through the Internet or any other interactive computer service.


(1-d) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access to a computer server by multiple users, including a service or system that provides access to the Internet or a system operated or service offered by a library or educational institution.


(1-e) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.


(1-f) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.


(2) "Prostitution" means the offense defined in Section 43.02.


(2-a) "School" means a public or private primary or secondary school.


(3) "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.


(4) "Sexual conduct" includes deviate sexual intercourse, sexual contact, and sexual intercourse.


(5) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.


(6) "Solicitation of prostitution" means the offense defined in Section 43.021.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 2, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 35, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.01, eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 54, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 60, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 1049 (S.B. 1831), Sec. 8, eff. September 1, 2021.


Sec. 43.02. PROSTITUTION.


(a) A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.


(b-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 44(2), eff. September 1, 2017.


(c) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is:


(1) a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or


(2) a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (a).


(c-2) The punishment prescribed for an offense under Subsection (b) is increased to the punishment prescribed for the next highest category of offense if it is shown on the trial of the offense that the actor committed the offense in a location that was:


(1) on the premises of or within 1,000 feet of the premises of a school; or


(2) on premises or within 1,000 feet of premises where:


(A) an official school function was taking place; or


(B) an event sponsored or sanctioned by the University Interscholastic League was taking place.


(d) It is a defense to prosecution for an offense under Subsection (a) that the actor engaged in the conduct that constitutes the offense because the actor was the victim of conduct that constitutes an offense under Section 20A.02 or 43.05.


(e) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D, Chapter 12. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is previously convicted of an offense under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 757, ch. 286, Sec. 1, eff. May 27, 1977; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 987, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1002 (H.B. 4009), Sec. 8, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 4.02, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 15, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 14, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 1, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 36, eff. September 1, 2017.


Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 37, eff. September 1, 2017.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 44(2), eff. September 1, 2017.


Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 8, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 2.05, eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 29, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 61, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 1049 (S.B. 1831), Sec. 9, eff. September 1, 2021.


Sec. 43.021. SOLICITATION OF PROSTITUTION. (a) A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.


(b) An offense under Subsection (a) is a state jail felony, except that the offense is:


(1) a felony of the third degree if the actor has previously been convicted of an offense under Subsection (a) or under Section 43.02(b), as that law existed before September 1, 2021; or


(2) a felony of the second degree if the person with whom the actor agrees to engage in sexual conduct is:


(A) younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense;


(B) represented to the actor as being younger than 18 years of age; or


(C) believed by the actor to be younger than 18 years of age.


(c) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and that subchapter. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is considered to have been previously convicted of an offense under this section or under Section 43.02(b), as that law existed before September 1, 2021, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.


Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 28, eff. September 1, 2021.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 29, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 30, eff. September 1, 2021.


Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:


(1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or


(2) solicits another to engage in sexual conduct with another person for compensation.


(b) An offense under this section is a felony of the third degree, except that the offense is:


(1) a felony of the second degree if the actor has been previously convicted of an offense under this section; or


(2) a felony of the first degree if the actor engages in conduct described by Subsection (a)(1) or (2) involving a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time of the offense.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 758, ch. 287, Sec. 1, eff. May 27, 1977; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 16, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 38, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 9, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 273 (S.B. 1802), Sec. 3, eff. September 1, 2019.


Sec. 43.031. ONLINE PROMOTION OF PROSTITUTION. (a) A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of another person or facilitate another person to engage in prostitution or solicitation of prostitution.


(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor:


(1) has been previously convicted of an offense under this section or Section 43.041; or


(2) engages in conduct described by Subsection (a) involving a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time of the offense.


Added by Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.02, eff. September 1, 2019.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 55, eff. September 1, 2021.


Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.


(b) An offense under this section is a felony of the first degree.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 17, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 39, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 10, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 273 (S.B. 1802), Sec. 4, eff. September 1, 2019.


Sec. 43.041. AGGRAVATED ONLINE PROMOTION OF PROSTITUTION. (a) A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of five or more persons or facilitate five or more persons to engage in prostitution or solicitation of prostitution.


(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the actor:


(1) has been previously convicted of an offense under this section; or


(2) engages in conduct described by Subsection (a) involving two or more persons younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the persons at the time of the offense.


Added by Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.02, eff. September 1, 2019.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 56, eff. September 1, 2021.


Sec. 43.05. COMPELLING PROSTITUTION. (a) A person commits an offense if the person knowingly:


(1) causes another by force, threat, coercion, or fraud to commit prostitution; or


(2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of the offense.


(b) An offense under this section is a felony of the first degree.


(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.


(d) For purposes of this section, "coercion" as defined by Section 1.07 includes:


(1) destroying, concealing, confiscating, or withholding from a person, or threatening to destroy, conceal, confiscate, or withhold from a person, the person's actual or purported:


(A) government records; or


(B) identifying information or documents;


(2) causing a person, without the person's consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person's ability to appraise the nature of the person's conduct that constitutes prostitution or to resist engaging in that conduct; or


(3) withholding alcohol or a controlled substance to a degree that impairs the ability of a person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of the person's conduct that constitutes prostitution or to resist engaging in that conduct.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1002 (H.B. 4009), Sec. 9, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 1.03, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 2, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 40, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 11, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 273 (S.B. 1802), Sec. 5, eff. September 1, 2019.


Sec. 43.06. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY. (a) A party to an offense under this subchapter may be required to furnish evidence or testify about the offense.


(b) A party to an offense under this subchapter may not be prosecuted for any offense about which he is required to furnish evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury.


(c) For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.


(d) A conviction under this subchapter may be had upon the uncorroborated testimony of a party to the offense.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


SUBCHAPTER B. OBSCENITY



Sec. 43.21. DEFINITIONS. (a) In this subchapter:


(1) "Obscene" means material or a performance that:


(A) the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;


(B) depicts or describes:


(i) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or


(ii) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and


(C) taken as a whole, lacks serious literary, artistic, political, and scientific value.


(2) "Material" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three dimensional obscene device.


(3) "Performance" means a play, motion picture, dance, or other exhibition performed before an audience.


(4) "Patently offensive" means so offensive on its face as to affront current community standards of decency.


(5) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.


(6) "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.


(7) "Obscene device" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.


(b) If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 372, ch. 163, Sec. 1, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1974, ch. 778, Sec. 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 43.22. OBSCENE DISPLAY OR DISTRIBUTION. (a) A person commits an offense if he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.


(b) An offense under this section is a Class C misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 43.23. OBSCENITY. (a) A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device.


(b) Except as provided by Subsection (h), an offense under Subsection (a) is a state jail felony.


(c) A person commits an offense if, knowing its content and character, he:


(1) promotes or possesses with intent to promote any obscene material or obscene device; or


(2) produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.


(d) Except as provided by Subsection (h), an offense under Subsection (c) is a Class A misdemeanor.


(e) A person who promotes or wholesale promotes obscene material or an obscene device or possesses the same with intent to promote or wholesale promote it in the course of his business is presumed to do so with knowledge of its content and character.


(f) A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.


(g) It is an affirmative defense to prosecution under this section that the person who possesses or promotes material or a device proscribed by this section does so for a bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose.


(h) The punishment for an offense under Subsection (a) or (c) is increased to the punishment for a felony of the second degree if it is shown on the trial of the offense that obscene material that is the subject of the offense visually depicts activities described by Section 43.21(a)(1)(B) engaged in by:


(1) a child younger than 18 years of age at the time the image of the child was made;


(2) an image that to a reasonable person would be virtually indistinguishable from the image of a child younger than 18 years of age; or


(3) an image created, adapted, or modified to be the image of an identifiable child.


(i) In this section, "identifiable child" means a person, recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature:


(1) who was younger than 18 years of age at the time the visual depiction was created, adapted, or modified; or


(2) whose image as a person younger than 18 years of age was used in creating, adapting, or modifying the visual depiction.


(j) An attorney representing the state who seeks an increase in punishment under Subsection (h)(3) is not required to prove the actual identity of an identifiable child.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1975, ch. 778, Sec. 2, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1005, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 19, eff. September 1, 2013.


Sec. 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR. (a) For purposes of this section:


(1) "Minor" means an individual younger than 18 years.


(2) "Harmful material" means material whose dominant theme taken as a whole:


(A) appeals to the prurient interest of a minor, in sex, nudity, or excretion;


(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and


(C) is utterly without redeeming social value for minors.


(b) A person commits an offense if, knowing that the material is harmful:


(1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;


(2) he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or


(3) he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(1) or (b)(2).


(c) It is an affirmative defense to prosecution under this section that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.


(c-1) It is a defense to prosecution under this section that the actor was the spouse of the minor at the time of the offense.


(d) An offense under this section is a Class A misdemeanor unless it is committed under Subsection (b)(3) in which event it is a felony of the third degree.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 497 (H.B. 1344), Sec. 1, eff. September 1, 2011.


Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD. (a) In this section:


(1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.


(2) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.


(3) "Performance" means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one or more persons.


(4) "Produce" with respect to a sexual performance includes any conduct that directly contributes to the creation or manufacture of the sexual performance.


(5) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.


(6) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.


(7) "Deviate sexual intercourse" and "sexual contact" have the meanings assigned by Section 43.01.


(b) A person commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance. A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.


(c) An offense under Subsection (b) is a felony of the second degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.


(d) A person commits an offense if, knowing the character and content of the material, he produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18 years of age.


(e) An offense under Subsection (d) is a felony of the third degree, except that the offense is a felony of the second degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.


(f) It is an affirmative defense to a prosecution under this section that:


(1) the defendant was the spouse of the child at the time of the offense;


(2) the conduct was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose; or


(3) the defendant is not more than two years older than the child.


(g) When it becomes necessary for the purposes of this section or Section 43.26 to determine whether a child who participated in sexual conduct was younger than 18 years of age, the court or jury may make this determination by any of the following methods:


(1) personal inspection of the child;


(2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance;


(3) oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time;


(4) expert medical testimony based on the appearance of the child engaging in the sexual performance; or


(5) any other method authorized by law or by the rules of evidence at common law.


(h) Conduct under this section constitutes an offense regardless of whether the actor knows the age of the victim at the time of the offense.


Added by Acts 1977, 65th Leg., p. 1035, ch. 381, Sec. 1, eff. June 10, 1977. Amended by Acts 1979, 66th Leg., p. 1976, ch. 779, Sec. 1, eff. Sept. 1, 1979; Acts 1985, 69th Leg., ch. 530, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 22(b), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1005, Sec. 4, 5 eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.20, eff. September 1, 2007.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 41, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 12, eff. September 1, 2017.


Sec. 43.251. EMPLOYMENT HARMFUL TO CHILDREN. (a) In this section:


(1) "Child" means a person younger than 21 years of age.


(2) "Massage" has the meaning assigned to the term "massage therapy" by Section 455.001, Occupations Code.


(3) "Massage establishment" has the meaning assigned by Section 455.001, Occupations Code.


(4) "Nude" means a child who is:


(A) entirely unclothed; or


(B) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the child is female, or any portion of the genitals or buttocks.


(5) "Sexually oriented commercial activity" means a massage establishment, nude studio, modeling studio, love parlor, or other similar commercial enterprise the primary business of which is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer.


(6) "Topless" means a female child clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola.


(b) A person commits an offense if the person employs, authorizes, or induces a child to work:


(1) in a sexually oriented commercial activity; or


(2) in any place of business permitting, requesting, or requiring a child to work nude or topless.


Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 42



(c) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the child is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the child at the time of the offense.


Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 13



(c) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.


Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 42



(d) Conduct under this section constitutes an offense regardless of whether the actor knows the age of the child at the time of the offense.


Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 13



(d) Conduct under this section constitutes an offense regardless of whether the actor knows the age of the victim at the time of the offense.


Added by Acts 1987, 70th Leg., ch. 783, Sec. 1, eff. Aug. 31, 1987. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 1420, Sec. 14.832, eff. Sept. 1, 2001.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 4.03, eff. September 1, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 938 (H.B. 290), Sec. 1, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 18, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 42, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 13, eff. September 1, 2017.


Acts 2021, 87th Leg., R.S., Ch. 79 (S.B. 315), Sec. 8, eff. May 24, 2021.


Acts 2021, 87th Leg., R.S., Ch. 942 (S.B. 766), Sec. 8, eff. September 1, 2021.


Sec. 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY. (a) A person commits an offense if:


(1) the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct, including a child who engages in sexual conduct as a victim of an offense under Section 20A.02(a)(5), (6), (7), or (8); and


(2) the person knows that the material depicts the child as described by Subdivision (1).


(b) In this section:


(1) "Promote" has the meaning assigned by Section 43.25.


(2) "Sexual conduct" has the meaning assigned by Section 43.25.


(3) "Visual material" means:


(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or


(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.


(c) The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section.


(d) An offense under Subsection (a) is a felony of the third degree, except that the offense is:


(1) a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under that subsection; and


(2) a felony of the first degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under that subsection.


(e) A person commits an offense if:


(1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and


(2) the person knows that the material depicts the child as described by Subsection (a)(1).


(f) A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.


(g) An offense under Subsection (e) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subsection.


(h) It is a defense to prosecution under Subsection (a) or (e) that the actor is a law enforcement officer or a school administrator who:


(1) possessed or accessed the visual material in good faith solely as a result of an allegation of a violation of Section 43.261;


(2) allowed other law enforcement or school administrative personnel to possess or access the material only as appropriate based on the allegation described by Subdivision (1); and


(3) took reasonable steps to destroy the material within an appropriate period following the allegation described by Subdivision (1).


Added by Acts 1985, 69th Leg., ch. 530, Sec. 2, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 361, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 968, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 14.51, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 933, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1415, Sec. 22(c), eff. Sept. 1, 1999.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 2, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 20, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 933 (H.B. 2291), Sec. 2, eff. September 1, 2015.


Sec. 43.261. ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR. (a) In this section:


(1) "Dating relationship" has the meaning assigned by Section 71.0021, Family Code.


(2) "Minor" means a person younger than 18 years of age.


(3) "Produce" with respect to visual material includes any conduct that directly contributes to the creation or manufacture of the material.


(4) "Promote" has the meaning assigned by Section 43.25.


(5) "Sexual conduct" has the meaning assigned by Section 43.25.


(6) "Visual material" has the meaning assigned by Section 43.26.


(b) A person who is a minor commits an offense if the person intentionally or knowingly:


(1) by electronic means promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material; or


(2) possesses in an electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material.


(c) An offense under Subsection (b)(1) is a Class C misdemeanor, except that the offense is:


(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor:


(A) promoted the visual material with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or


(B) except as provided by Subdivision (2)(A), has previously been convicted one time of any offense under this section; or


(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been:


(A) convicted one or more times of an offense punishable under Subdivision (1)(A); or


(B) convicted two or more times of any offense under this section.


(d) An offense under Subsection (b)(2) is a Class C misdemeanor, except that the offense is:


(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted one time of any offense under this section; or


(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of any offense under this section.


(e) It is an affirmative defense to prosecution under this section that the visual material:


(1) depicted only the actor or another minor:


(A) who is not more than two years older or younger than the actor and with whom the actor had a dating relationship at the time of the offense; or


(B) who was the spouse of the actor at the time of the offense; and


(2) was promoted or received only to or from the actor and the other minor.


(f) It is a defense to prosecution under Subsection (b)(2) that the actor:


(1) did not produce or solicit the visual material;


(2) possessed the visual material only after receiving the material from another minor; and


(3) destroyed the visual material within a reasonable amount of time after receiving the material from another minor.


(g) If conduct that constitutes an offense under this section also constitutes an offense under another law, the defendant may be prosecuted under this section, the other law, or both.


(h) Notwithstanding Section 51.13, Family Code, a finding that a person has engaged in conduct in violation of this section is considered a conviction for the purposes of Subsections (c) and (d).


Added by Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 3, eff. September 1, 2011.


Sec. 43.262. POSSESSION OR PROMOTION OF LEWD VISUAL MATERIAL DEPICTING CHILD. (a) In this section:


(1) "Promote" and "sexual conduct" have the meanings assigned by Section 43.25.


(2) "Visual material" has the meaning assigned by Section 43.26.


(b) A person commits an offense if the person knowingly possesses, accesses with intent to view, or promotes visual material that:


(1) depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was created;


(2) appeals to the prurient interest in sex; and


(3) has no serious literary, artistic, political, or scientific value.


(c) An offense under this section is a state jail felony, except that the offense is:


(1) a felony of the third degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under this section or Section 43.26; and


(2) a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under this section or Section 43.26.


(d) It is not a defense to prosecution under this section that the depicted child consented to the creation of the visual material.


Added by Acts 2017, 85th Leg., R.S., Ch. 350 (H.B. 1810), Sec. 1, eff. September 1, 2017.


Sec. 43.27. DUTY TO REPORT. (a) For purposes of this section, " visual material" has the meaning assigned by Section 43.26.


(b) A business that develops or processes visual material and determines that the material may be evidence of a criminal offense under this subchapter shall report the existence of the visual material to a local law enforcement agency.


Added by Acts 2003, 78th Leg., ch. 1005, Sec. 6, eff. Sept. 1, 2003.

# data[].attributes.body
Norhside Independent School District. (2023) Department of Human Resources. https://nisd.net/employees/system/files/attachments/hr_employee_hndbk_2022-2023-3.pdf

Northside policy states, " "Sexual and other harassment of students by employees are
forms of discrimination and are prohibited by law.

Romantic relationships of any type in k12 are considered inappropriate and unethical.

Romantic relationships between students and employees are strictly prohibited.

The policy also explains who to report such incidents and how to proceed with their protocol.

# data[].attributes.body
American School Counselor Association. Ethical Standards for School Counselors. (2022)

It is unethical to have any relationship with students regardless of state law and it is important to maintain healthy relationships among students and staff. These relationships also include any outside communication or technology.

# data[].attributes.attachment_link.readable_text
(Adopted 1984; revised 1992, 1998, 2004, 2010, 2016, 2022)

Preamble

The American School Counselor Association (ASCA) is a professional organization supporting school counselors, school counseling students/interns, school counseling program directors/supervisors and school counselor educators. These standards are the ethical responsibility of all school counseling professionals.

School counselors have unique qualifications and skills to implement a comprehensive school counseling program that addresses pre-K-12 students' academic, career and social/emotional development needs. School counselors are leaders, advocates, collaborators and consultants who create systemic change to ensure equitable educational outcomes through the school counseling program. School counselors demonstrate the belief that all students have the ability to learn by advocating for and contributing to an education system that provides optimal learning environments for all students.

All students have the right to:

Be respected and treated with dignity.

A physically and emotionally safe, inclusive and healthy school environment, both in-person and through digital platforms, free from abuse, bullying, harassment, discrimination and any other forms of violence.

Equitable access to a school counseling program that promotes academic, career and social/emotional development and improves student outcomes for all students, including students historically and currently marginalized by the education system.

Equitable access to school counselors who support students from all backgrounds and circumstances and who advocate for and affirm all students regardless of but not limited to ethnic/racial identity; nationality; age; social class; economic status; abilities/disabilities; language; immigration status; sexual orientation; gender identity; gender expression; family type; religious/spiritual identity; and living situations, including emancipated minor status, wards of the state, homelessness or incarceration.

Information and support needed to enhance self-development and affirmation within one's group identities.

Critical, timely information, beginning with pre-K through grade 12, on how college/university, career and technical school, military, workforce and other postsecondary options can have an impact on their educational choices and future opportunities.

Privacy that is honored to the greatest extent possible, which at times may be limited by school counselors' balance of other competing interests (e.g., best interests of students, the safety of others, parental rights) and adherence to laws, policies and ethical standards pertaining to confidentiality and disclosure in the school setting.

Purpose

In this document, ASCA specifies the obligation to the principles of ethical behavior necessary to maintain the highest standards of integrity, leadership and professionalism. The ASCA Ethical Standards for School Counselors were developed in collaboration with school counselors, state school counselor associations, school counseling district and state leaders, and school counselor educators across the nation to clarify the profession's norms, values and beliefs.

The purpose of this document is to:

Serve as a guide for the ethical practices of all individuals serving in a school counseling capacity, including school counselors, school counseling students/interns, supervisors/directors of school counseling programs and school counselor educators regardless of grade level, geographic area, population served or ASCA membership.

Provide support and direction for self-assessment, peer consultation and performance appraisal regarding school counselors' responsibilities to students, parents/guardians, colleagues and professional associates, school district and employees, communities and the school counseling profession.

Inform all educational stakeholders, including but not limited to students, parents/guardians, teachers/staff, administrators, community members, legal professionals and courts of justice, regarding the ethical practices, values and expected behaviors of the school counseling professional.

A. RESPONSIBILITY TO STUDENTS A.1. Supporting Student Development
School counselors:

1. Have a primary obligation to the students, who are to be treated with dignity and respect as unique individuals.

2. Foster and affirm all students and their identity and psychosocial development.

3. Support all students and their development by actively working to eliminate systemic barriers or bias impeding student development.

4. Provide culturally responsive instruction and appraisal and advisement to students.

5. Provide culturally responsive counseling to students in a brief context and support students and families/guardians in obtaining outside services if students need long-term clinical/mental health counseling. image ASCA Ethical Standards for School Counselors

6. Do not diagnose but recognize how a student's diagnosis and environment can potentially affect the student's access, participation and ability to achieve academic, postsecondary and social/emotional success.

7. Acknowledge the vital role and rights of parents/guardians, families and tribal communities.

8. Respect students' and families' values, beliefs and cultural background, as well as students' sexual orientation, gender identity and gender expression, and exercise great care to avoid imposing personal biases, beliefs or values rooted in one's religion, culture or ethnicity.

9. Are knowledgeable of local, state and federal laws, as well as school and district policies and procedures affecting students and families and strive to protect and inform students and families regarding their rights.

10. Advocate for equitable, anti-oppressive and anti-bias policies and procedures, systems and practices, and provide effective, evidence-based and culturally sustaining interventions to address student needs.

11. Involve diverse networks of support, including but not limited to educational teams, community and tribal agencies and partners, wraparound services and vocational rehabilitation services as needed to best serve students.

12. Maintain appropriate boundaries and are aware that any sexual or romantic relationship with students (whether legal or illegal in the state of employment) is a grievous breach of ethics and is prohibited regardless of a student's age or consent. This prohibition applies to both in-person and electronic interactions and relationships.

A. 2. Confidentiality
School counselors:

1. Promote awareness of school counselors' ethical standards and legal mandates regarding confidentiality and the appropriate rationale and procedures for disclosure of student data and information to school staff.

2. Inform students of the purposes, goals, techniques, rules and procedures under which they may receive counseling. Disclosure includes informed consent and clarification of the limits of confidentiality.

3. Recognize that informed consent requires competence, voluntariness and knowledge on students' part to understand the limits of confidentiality and, therefore, can be difficult to obtain from students of certain developmental levels and special-needs populations. The school counselor should make attempts to gain assent appropriate to the individual student (e.g., in the student's preferred language) prior to disclosure.

4. Are aware that even though attempts are made to obtain informed consent, it is not always possible. When needed, school counselors make decisions on students' behalf that promote students' welfare.

5. Explain the limits of confidentiality in developmentally appropriate terms through multiple methods, such as student handbooks; classroom lessons; verbal notification to individual students; and school counseling department websites, brochures and social media accounts.

6. Keep information confidential unless legal requirements demand confidential information be revealed or a breach is required to prevent serious and foreseeable harm to the student or others. Serious and foreseeable harm is different for each minor in schools and is determined by a student's developmental and chronological age, the setting, parental/guardian rights and the nature of the harm. School counselors consult with appropriate professionals when in doubt as to the validity of an exception.

7. Recognize their primary ethical obligation for confidentiality is to the students but balance that obligation with an understanding of parents'/guardians' legal and inherent rights to be the guiding voice in their children's lives. School counselors understand the need to balance students' ethical rights to make choices, their capacity to give consent or assent, and parental or familial legal rights and responsibilities to make decisions on their child's behalf.

8. Collaborate with and involve students to the extent possible and use the most appropriate and least intrusive method to breach confidentiality if such action is warranted. The child's developmental age and the circumstances requiring the breach are considered and, as appropriate, students are engaged in a discussion about the method and timing of the breach. Consultation with professional peers and/or supervision is recommended.

9. Request of the court that disclosure not be required when the school counselor's testimony or case notes are subpoenaed if the release of confidential information may potentially harm a student or the counseling relationship.

10. Protect the confidentiality of students' records and release of personal data in accordance with prescribed federal and state laws and district and school policies.

11. Recognize the vulnerability of confidentiality in electronic communications and only transmit student information electronically in a way that follows currently accepted security standards and meets federal, state and local laws and school board policy.

12. Convey a student's highly sensitive information (e.g., a student's suicidal ideation) through personal contact such as a phone call or visit and not less-secure means such as a notation in the educational record or an email. Adhere to federal, state and local laws and school board policy when conveying sensitive information.

13. Advocate for appropriate safeguards and protocols so highly sensitive student information is not disclosed accidentally to individuals who do not have a need to know such information. Best practice suggests a very limited number of educators would have access to highly sensitive information on a need-to-know basis.

14. Advocate with appropriate school officials for acceptable encryption standards to be utilized for stored data and currently acceptable algorithms to be utilized for data in transit.

15. Avoid using software programs without the technological capabilities to protect student information based upon legal specifications and currently acceptable security standards.

16. Advocate for physical and virtual workspaces that are arranged to protect the confidentiality of students' communications and records.

A. 3. Comprehensive School Counseling Program
School counselors:

1. Provide students with a culturally responsive school counseling program that promotes academic, career and social/emotional development and equitable opportunity and achievement outcomes for all students.

2. Collaborate with administration, teachers, staff and stakeholders for equitable school improvement goals.

3. Use data-collection tools adhering to standards of confidentiality as expressed in A.2.

4. Review and use school and student data to assess and address needs, including but not limited to data on strengths and disparities that may exist related to gender, race, ethnicity, socioeconomic status, disability and/or other relevant classifications.

5. Deliver research-based interventions to help close achievement, attainment, information, attendance, discipline, resource and opportunity gaps.

6. Collect and analyze participation, ASCA Mindsets & Behaviors and outcome data to determine the progress and effectiveness of the school counseling program.

7. Share data outcomes with stakeholders.

A.4. Academic, Career and Social/Emotional Planning
School counselors:

1. Collaborate with a community of stakeholders to create a culture of postsecondary readiness.

2. Provide and advocate for all students' pre-K-postsecondary career awareness, exploration, and postsecondary planning and decision-making to support students' right to choose from the wide array of career and postsecondary options, including but not limited to college/university, career and technical school, military or workforce.

3. Identify and examine gaps in college and career access and address both intentional and unintentional biases in postsecondary and career counseling.

4. Provide opportunities for all students to develop a positive attitude toward learning, effective learning strategies, self-management and social skills and an understanding that lifelong learning is part of long-term career success.

5. Address their personal biases related to students' postsecondary choices.

6. Address any inequitable systemic policies and practices related to students' postsecondary choices.

A. 5. Sustaining Healthy Relationships and Managing Boundaries
School counselors:

1. Engage in professional roles and relationships with students and stakeholders that foster wellness and student success.

2. Recognize that establishing credibility, rapport and an effective working alliance with some students and stakeholders may be facilitated by developing relationships that extend beyond the school day and building (e.g., attending community events, advocating for community improvement for and with students and stakeholders, joining community enhancement organizations).

3. Assess potential risks and benefits prior to extending relationships beyond the school building and school hours (e.g., attending students off-site extracurricular activities, celebrations honoring students, hospital visits, funerals).

4. Document the nature of relationship extensions, including the rationale, potential benefit and possible consequences for the student and school counselor.

5. Act to eliminate and/or reduce the potential for harm to students and stakeholders in any relationships or interactions by using safeguards, such as informed consent, consultation, supervision and documentation.

6. Prevent potential harm to students and stakeholders with whom the school counselor's judgment may be compromised (e.g., family members, children of close friends) by helping facilitate the provision of alternative services or resources when available.

7. Adhere to legal, ethical, district and school policies and guidelines regarding relationships with students and stakeholders.

8. Refrain from the use of personal social media, text and email accounts to interact with students unless sanctioned by the school district. Adhere to legal, ethical, district and school policies and guidelines when using technology with students and stakeholders.

9. Avoid inappropriate roles and relationships such as providing direct discipline, teaching courses that involve grading students and accepting administrative duties in the absence of an administrator.

10. Strive to avoid a conflict of interest through self-promotion that would benefit the school counselor personally and/or financially (e.g., advertising their products and/or services).

A. 6. Appropriate Collaboration, Advocacy and Referrals for Counseling
School counselors:

1. Collaborate with all relevant stakeholders, including students, school faculty/staff and parents/guardians, when students need assistance, including when early warning signs of student distress are identified.

2. Provide a list of outside agencies and resources in their community, or the closest available, to students and parents/guardians when students need or request additional support. School counselors provide multiple referral options or the district-vetted list of referrals options and are careful not to indicate an endorsement or preference for one individual or practice. School counselors encourage parents/guardians to research outside professionals' skills/experience to inform their personal decision regarding the best source of assistance for their student.

3. Connect students with services provided through the local school district and community agencies and remain aware of state laws and local district policies related to students with special needs, including limits to confidentiality and notification to authorities as appropriate.

4. Develop a plan for the transitioning of primary counseling services with minimal interruption of services. Students retain the right for the referred services to be conducted in coordination with the school counselor or to discontinue counseling services with the school counselor while maintaining an appropriate relationship that may include participation in other school support services.

5. Refrain from referring students based solely on the school counselor's personal beliefs or values rooted in one's religion, culture, ethnicity or personal worldview. School counselors maintain the highest respect for student cultural identities and worldviews. School counselors pursue additional training and supervision when their values are discriminatory in nature (e.g., sexual orientation, gender identity, gender expression, reproductive rights, race, religion, ability status). School counselors do not impose their values on students and/or families when making referrals to outside resources for student and/or family support.

6. Attempt to establish a collaborative relationship with outside service providers to best serve students. Request a release of information signed by the student and/or parents/guardians before attempting to collaborate with the student's external provider.

7. Provide internal and external service providers with accurate and meaningful data necessary to adequately assess, counsel and assist students.

8. Ensure there is not a conflict of interest in providing referral resources. School counselors do not refer or accept a referral to counsel students from their school if they also work in a private counseling practice.

A. 7. Group Work
School counselors:

1. Offer culturally sustaining small-group counseling services based on individual student, school and community needs; student data; a referral process; and/or other relevant data.

2. Provide equitable access to participation in groups, including alleviating physical, language and other obstacles.

3. Assess student needs to determine if participating in the group is appropriate for the student.

4. Inform parents/guardians of student participation in and the purpose of the small group.

5. Facilitate short-term groups to address students' academic achievement, postsecondary and career exploration, and social/emotional well-being.

6. Use data to inform group topics, establish well-defined expectations and measure the outcomes of group participation.

7. Reflect on group outcomes and determine adjustments that may improve future group interventions.

8. Communicate the aspiration of confidentiality as a group norm, while recognizing and working from the protective posture that confidentiality for students in small groups cannot be guaranteed.

9. Select topics for groups with the clear understanding that some topics are not suitable for groups in schools (e.g., incest survivorship, eating disorders, dating violence) and accordingly take precautions to protect members from harm as a result of interactions with the group.

10. Facilitate culturally sustaining groups from the framework of evidence-based or research-based practices.

11. Practice within their competence level and develop professional competence through training and supervision.

12. Provide necessary follow-up and/or referrals to additional resources for group members.

A. 8. Student Peer-Support Program
School counselors:

1. Share the student peer-support program's goal and purpose with stakeholders.

2. Safeguard the welfare of students participating in peer-to-peer programs under their direction.

3. Strive to protect the confidentiality of students receiving peer support services by not sharing or disclosing personal information (e.g., special education services, academic information).

4. Work to select peer helpers who reflect the diversity of the population to be served.

5. Facilitate equitable access, representation and cultural sustainability in peer-support programs.

6. Develop, train and supervise students in school counseling peer-support programs, using culturally relevant frameworks that promote inclusion and belonging.

7. Inform peer-support students about when students need to report information to a responsible adult at school.

A. 9. Serious and Foreseeable Harm to Self and Others
School counselors:

1. Inform parents/guardians and school administration when a student poses a serious and foreseeable risk of harm to self or others. This notification is to be done after careful deliberation and consultation with appropriate professionals, such as other school counselors, the school nurse, school psychologist, school social worker, school resource officer or child protective services. Even if the danger appears relatively remote, parents/guardians must be notified. The consequence of the risk of not giving parents/guardians a chance to intervene on behalf of their child is too great.

2. Recognize the level of suicide risk (e.g., low, medium, high) is difficult to accurately quantify. If required to use a risk assessment, it must be completed with the realization that it is an information-gathering tool and only one element in the risk-assessment process. When reporting risk-assessment results to parents/guardians, school counselors do not negate the risk of students' potential harm to self even if the assessment reveals a low risk, as students may minimize risk to avoid further scrutiny and/or parental/guardian notification. The purpose of reporting any risk-assessment results to parents/guardians is to underscore the need for parents/guardians to act, not to report a judgment of risk.

3. Collaborate with school administration to ensure a student has proper supervision and support. If parents/guardians will not provide proper support, the school counselor takes necessary steps to underscore to parents/guardians the necessity to seek help and, at times, may include a report to child protective services.

4. Provide culturally responsive mental health resources to parents/guardians.

5. Report to administration and/or appropriate authorities (e.g., law enforcement) when a student discloses a perpetrated or a perceived threat to another person's physical or mental well-being. This threat may include but is not limited to verbal abuse, physical abuse, sexual abuse, dating violence, bullying or harassment. The school counselor follows applicable federal and state laws and school and district policy.

A. 10. Marginalized Populations
School counselors:

1. Advocate with and on behalf of students to ensure they remain safe at home, in their communities and at school. A high standard of care includes determining what information is shared with parents/guardians and when information creates an unsafe environment for students.

2. Actively work to establish a safe, equitable, affirming school environment in which all members of the school community demonstrate respect, inclusion and acceptance.

3. Identify and advocate for resources needed to optimize and support academic, career and social/emotional development opportunities.

4. Collaborate with parents/guardians when appropriate and strive to establish consistent, constructive two-way communication in their preferred language to ensure students' needs are met.

5. Understand and advocate for all students' right to be treated in a manner that honors and respects their identity and expression, including but not limited to race, gender identity, gender expression, sexual orientation, language and ability status, and to be free from any form of discipline, harassment or discrimination based on their identity or expression.

6. Advocate for the equitable right and access to free, appropriate public education for all youth in which students are not stigmatized or isolated based on race, gender identity, gender expression, sexual orientation, language, immigration status, juvenile justice/court involvement, housing, socioeconomic status, ability, foster care, transportation, special education, mental health and/or any other exceptionality or special need.

7. Advocate for access to and inclusion in opportunities (e.g., Advanced Placement, International Baccalaureate, gifted and talented, honors, dual enrollment) in which students are not stigmatized, isolated or excluded based on race, gender identity, gender expression, sexual orientation, language, immigration status, juvenile justice/court involvement, housing, socioeconomic status, ability, foster care, transportation, special education, mental health and/or any other exceptionality or special need.

8. Actively advocate for systemic and other changes needed for equitable participation and outcomes in educational programs when disproportionality exists regarding enrollment in such programs by race, gender identity, gender expression, sexual orientation, language, immigration status, juvenile justice/court involvement, housing, socioeconomic status, ability, foster care, transportation, special education, mental health and/or any other exceptionality or special need.

9. Recognize the strengths of students with disabilities as well as their challenges and provide best practices in supporting their academic, career and social/emotional needs.

A. 11. Bullying, Harassment, Discrimination, Bias and Hate Incidents
School counselors:

1. Recognize that bullying, discrimination, bias and hate incidents rooted in race, gender, sexual orientation and ethnicity are violations of federal law and many state and local laws and district policies.

2. Advocate for schoolwide policies, protocols and training for response to bullying, harassment and bias incidents centered in safety, belonging and justice.

3. Advocate for accessible, effective tools for students or community to report incidents of bullying, hate or bias.

4. Report all incidents of bullying, dating violence or harassment to the administration, recognizing these behaviors may fall under Title IX of the Education Amendments of 1972 or other federal and state laws as illegal and require administrator intervention.

5. Recognize that bias incidents are not only potentially traumatizing for students but can lead to significant damage and disruption of the school environment. Facilitate and monitor schoolwide prevention of bullying, harassment, discrimination, hate and bias through active practices that support a positive school climate, culture and belonging.

6. In response to a hate or bias incident (e.g. discrimination, explicit bias, hate speech), collaborate with administrative teams to ensure safety, provide support for targeted students, facilitate effective communication, provide education, connect students to resources and promote healing and recovery within the school community.

7. In developmentally appropriate ways and in the context of the incident, support victims, and encourage growth and provide tools for accountability and change (e.g. restorative practices) in perpetrators, and promote healing in the school community while deferring to administration for all discipline issues or any other violation of federal and state laws or district and school policies.

8. Actively respond to incidents of bias or hate, demonstrating a commitment to equity and promoting a safe, inclusive school community.

A.12. Child Abuse
School counselors:

1. Report to the proper authorities, as mandated by the state, all suspected cases of child abuse and neglect, recognizing that certainty is not required, only reasonable suspicion. School counselors are held to a higher standard regarding their absolute duty as a mandated reporter to report suspected child abuse and neglect.

2. Develop and maintain the expertise to recognize the signs of child abuse and neglect. Advocate for training to enable students and staff to have the knowledge and skills needed to recognize the signs and to whom they should report suspected child abuse and neglect.

3. Take reasonable precautions to protect the privacy of students for whom abuse or neglect is suspected from those who do not have a legitimate need to know.

4. Know current state laws and the school system's procedures for reporting child abuse and neglect and methods to advocate for students' physical and emotional safety following abuse/neglect reports.

5. Connect students who have experienced abuse and neglect with services provided through the local school district and community agencies.

A. 13. Student Records
School counselors:

1. Abide by the Family Educational Rights and Privacy Act (FERPA), which defines who has access to students' educational records and allows parents/guardians the right to review the records and challenge perceived inaccuracies in their child's records.

2. Advocate for the ethical use of student data and records and inform administration of inappropriate or harmful practices.

3. Recognize the difficulty in adhering to FERPA's definition of sole-possession records.

4. Recognize that sole-possession records and case notes can be subpoenaed unless there is a specific state statute for privileged communication expressly protecting student/school counselor communication.

5. Recognize that electronic communications with school officials regarding individual students, even without using student names, are likely to create student records that must be addressed in accordance with FERPA and state laws.

6. Establish a reasonable timeline for purging sole-possession records or case notes. Suggested guidelines include shredding paper sole-possession records or deleting electronic sole-possession records when a student transitions to the next level, transfers to another school or graduates. School counselors do not destroy sole-possession records that may be needed by a court of law, such as notes on child abuse, suicide, sexual harassment or violence, without prior review and approval by school district legal counsel. School counselors follow district policies and procedures when contacting legal counsel.

A. 14. Evaluation, Assessment and Interpretation
School counselors:

1. Use only valid and reliable research-based tests and assessments that are culturally sensitive, in the student's preferred language and free of bias.

2. Adhere to all professional standards and regulations when selecting, administering and interpreting standardized assessment tools, and only use assessment instruments that are within the scope of practice for school counselors and for which they are licensed, certified, competent and trained to use.

3. Follow confidentiality guidelines when using paper or electronic assessment instruments and programs.

4. Consider the student's developmental age, language skills, home language and competence level when determining an assessment's appropriateness.

5. Use multiple data points, both quantitative and qualitative whenever possible, to provide students and families with complete and accurate information to promote students' well-being.

6. Provide interpretation, in the student's preferred language, of the nature, purpose, results and potential impact of assessment/evaluation measures in terms students and parents/guardians can understand.

7. Monitor the use of assessment results and interpretation, and take reasonable steps to prevent others from misusing the information.

8. Use caution when selecting or using assessment techniques, making evaluations and interpreting the performance of populations not represented in the norm group on which an instrument is standardized.

9. Conduct and disseminate the results of school counseling program assessments to determine the effectiveness of activities supporting students' academic, college/career and social/emotional development through accountability measures, especially examining efforts to close opportunity gaps.

A. 15. Technical and Digital Citizenship
School counselors:

1. Advocate for equitable access to technology for all students.

2. Demonstrate appropriate selection and equitable use of culturally sustaining technology and software applications to enhance students' academic, career and social/emotional development. Attention is given to the legal and ethical considerations of technological applications, including confidentiality concerns, security issues, potential limitations and benefits, and communication practices in electronic media.

3. Take appropriate and reasonable measures to maintain the confidentiality of student information and educational records stored or transmitted through the use of computers, social media, facsimile machines, telephones, voicemail, answering machines and other electronic technology.

4. Promote the safe and responsible use of technology in collaboration with educators and families.

5. Promote the benefits and clarify the limitations of various appropriate technological applications.

6. Use established and approved means of communication with students, maintaining appropriate boundaries, and help educate students about appropriate communication and boundaries.

7. Understand challenges with confidentiality when using email and establish protocols and boundaries for responding to emails.

8. Advocate for the use of virtual learning tools that include safeguards and protocols protecting highly sensitive student information.

9. Advocate against alert tools or apps requiring constant monitoring by school personnel. These tools are not aligned with the nature and function of school counseling.

A. 16. Virtual/Distance School Counseling
School counselors:

1. Adhere to the same legal and ethical standards in a virtual/distance/hybrid setting as in face-to-face settings.

2. Recognize, acknowledge and problem-solve the unique challenges and limitations of virtual/distance/hybrid school counseling.

3. Establish procedures, in collaboration with school administrators and other support staff, for students to follow in both emergency and nonemergency situations when the school counselor is not available.

4. Recognize and address the limitation of virtual/distance/hybrid school counseling confidentiality, which may include unintended viewers or recipients.

5. Inform both students and parents/guardians of the benefits and limitations of virtual/distance/hybrid school counseling.

6. Educate students on how to participate in the electronic school counseling relationship to minimize and prevent potential misunderstandings that could occur due to lack of verbal cues and inability to read body language or other visual cues that provide contextual meaning to the school counseling process and relationship.

7. Recognize the challenges in virtual/distance/hybrid settings of assisting students considering suicide, including but not limited to identifying their physical location, keeping them engaged on the call or device, contacting their parents/guardians and getting help to their location.

B. RESPONSIBILITIES TO PARENTS/GUARDIANS, SCHOOL AND SELF B.1. Responsibilities to Parents/Guardians
School counselors:

1. Recognize, honor and respect the importance of parents/guardians when providing services to students in a school setting and collaborate with students' parents/guardians as appropriate.

2. Respect the rights and responsibilities of custodial and noncustodial parents/guardians and, as appropriate, establish a collaborative relationship to facilitate and advocate for students' maximum growth in the areas of academic, career and social/emotional development.

3. Promote equity and inclusion through culturally affirming and sustaining practices honoring the diversity of families. Recognize that all parents/guardians, custodial and noncustodial, are vested with certain rights and responsibilities for their children's welfare by virtue of their role and according to law.

4. Inform parents of the school counseling program's mission and standards in academic, career and social/emotional domains that promote and enhance the learning process and outcomes for all students.

5. Adhere to the Protection of Pupil Rights Amendment when using universal screeners, surveys or needs assessments by informing parents/guardians prior to their use in accordance with school district policies and local, state and federal law.

6. Engage a diverse sample of parents/guardians and caregivers to provide opportunities for meaningful contributions to the school counseling program.

7. Adhere to federal, state and local laws; district policy; and ethical practice when assisting parents/guardians experiencing family difficulties interfering with their student's welfare.

8. Inform parents/guardians of the confidential nature of the school counseling relationship between the school counselor and student, while recognizing parents/guardians have inherent legal rights to student information.

9. Respect the privacy of parents/guardians in accordance with the student's best interests.

10. Provide parents/guardians with accurate, comprehensive and relevant information in a caring manner as appropriate and consistent with legal and ethical responsibilities to the students and parents/guardians. Exercise due diligence in a timely, efficient manner to communicate concerns that affect the students' safety and welfare.

11. Follow the directions and stipulations of the legal documentation in divorce, separation or custody cases, maintaining focus on the student. Adhere to clear boundaries and a position of neutrality when working with parents/guardians.

B.2. Responsibilities to the School
School counselors:

1. Develop and maintain professional relationships and systems of communication with faculty, staff and administrators to support students.

2. Design and deliver comprehensive school counseling programs that are integral to the school's academic mission, informed by analysis of student data, based on the ASCA National Model.

3. Advocate for a school counseling program free of non-school-counseling assignments identified by "The ASCA National Model: A Framework for School Counseling Programs."

4. Exercise leadership to create systemic change to create a safe and supportive environment and equitable outcomes for all students.

5. Collaborate with appropriate officials to remove barriers that may impede the effectiveness of the school and/or the school counseling program in promoting equitable student outcomes.

6. Provide support, consultation and mentoring to professionals in need of assistance when appropriate to enhance school climate and student outcomes.

7. Inform appropriate officials, in accordance with federal and state law and school and district policy, of conditions that may be potentially disruptive or damaging to the school's mission, personnel and property, while honoring the confidentiality between students and school counselors to the extent possible.

8. Advocate for administrators to place licensed/certified school counselors who are competent, qualified and hold a master's degree or higher in school counseling from an accredited institution.

9. Advocate for equitable school counseling program policies and practices for all students and stakeholders.

10. Advocate for the use of vetted, bilingual/multilingual translators to represent languages used by families in the school community and support broader cultural communication and engagement.

11. Affirm the abilities of all students and advocate for their learning needs, supporting the provision of appropriate accommodations and accessibility.

12. Provide culturally responsive information to families to increase understanding, improve communication, promote engagement and improve student outcomes.

13. Promote culturally sustaining practices to help create a safe and inclusive school environment with equitable outcomes for all students.

14. Adhere to educational/psychological research practices, confidentiality safeguards, security practices and school district policies when conducting research.

15. Use school and community resources to promote equity and access for all students.

16. Use inclusive language in all forms of communication and ensure students and stakeholders have access to materials in their preferred languages when possible.

17. Collaborate as needed to provide optimum services with other school and community professionals with legitimate educational interests (e.g., school nurse, school psychologist, school social worker, speech-language pathologist), following all local, state and federal laws.

18. Strive to address and remedy the work environment and conditions that do not reflect the school counseling profession's ethics, using advocacy and problem-solving skills.

B. 3. Responsibilities to Self
School counselors:

1. Have earned a master's degree or higher in school counseling or the substantial equivalent from an accredited institution.

2. Maintain membership in school counselor professional organizations to stay up to date on current research and to maintain professional competence in current school counseling issues and topics.

3. Accept employment only for positions for which they are qualified by education, training, supervised experience and state/national professional credentials.

4. Adhere to the profession's ethical standards and other official policy statements such as ASCA position statements and role statements, school board policies and relevant laws. When laws and ethical codes are in conflict, school counselors work to adhere to both as much as possible.

5. Engage in routine, content-applicable professional development to stay up to date on trends and needs of students and other stakeholders, and regularly attend training on current legal and ethical responsibilities.

6. Explore and examine implicit biases and the impact on practice and interaction with students; apply learning to program practice and development.

7. Develop knowledge and understanding of historic and systemic oppression, social justice and cultural models (e.g., multicultural counseling, anti-racism, culturally sustaining practices) to further develop skills for systemic change and equitable outcomes for all students.

8. Recognize the potential for stress and secondary trauma. Practice wellness and self-care through monitoring mental, emotional and physical health, while seeking consultation from an experienced school counseling practitioner and/or others when needed.

9. Monitor personal behaviors and recognize the high standard of care a professional in this critical position of trust must maintain on and off the job. School counselors are cognizant of and refrain from activity that may diminish their effectiveness within the school community.

10. Apply an ethical decision-making model and seek consultation and supervision from colleagues and other professionals who are knowledgeable of the profession's practices when ethical questions arise.

11. Honor the diversity and identities of students and seek training/supervision when prejudice or biases interfere with providing comprehensive school counseling services to all pre-K-12 students. School counselors will not refuse services to students based solely on personally held beliefs/values rooted in one's religion, culture or ethnicity. School counselors work toward a school climate that embraces diverse identities and promotes equitable outcomes in academic, career and social/emotional development for all students.

12. Have an awareness of and make clear distinctions between actions and statements (verbal or written) made as a private individual versus those made as a representative of the school counseling profession and of the school district/school entity.

13. Respect the intellectual property of others and adhere to copyright laws and correctly cite others' work when using it.

C. SCHOOL COUNSELOR DIRECTORS/ADMINISTRATORS/SUPERVISORS
School counselor directors/administrators/supervisors support school counselors in their charge by:

1. Advocating both within and outside of their schools or districts for adequate resources to implement a school counseling program and meet students' needs and the school community's needs.

2. Advocating for fair and open distribution of resources among programs supervised, using an allocation procedure that is nondiscriminatory, equitable, informed by comprehensive data and consistently applied.

3. Taking reasonable steps to ensure school and other resources are available to provide staff supervision and training.

4. Providing opportunities for professional development in current research related to school counseling practices, competencies and ethics.

5. Taking steps to eliminate conditions or practices in their schools or organizations that may violate, discourage or interfere with compliance with the laws and ethics related to the school counseling profession or equitable outcomes for students.

6. Monitoring school and organizational policies, regulations and procedures to ensure practices are consistent with the ASCA Ethical Standards for School Counselors.

7. Using and/or advocating for a performance appraisal instrument aligned with the ASCA School Counselor Professional Standards & Competencies that assesses school counselors' knowledge, skills and attitudes.

8. Understanding the ASCA Ethical Standards for School Counselors, the ASCA National Model and the ASCA School Counselor Professional Standards & Competencies.

9. Providing staff with opportunities and support to develop knowledge and understanding of historic and systemic oppression, social justice and cultural models (e.g., multicultural counseling, anti-racism, culturally sustaining practices) to further develop skills for systemic change and equitable outcomes for all students.

10. Collaborating and consulting with school counseling graduate programs to support appropriate site placement for supervisees and ensure high-quality training that is essential for school counselor preparation.

D. SCHOOL COUNSELING PRACTICUM/INTERNSHIP SITE SUPERVISORS Practicum/internship site supervisors:

1. Are licensed or certified school counselors with an understanding of school counseling programs and school counselors' ethical practices.

2. Have the education and training to provide school counseling supervision and regularly pursue continuing education activities on both counseling and supervision topics and skills.

3. Use a model of supervision that is developmental, ongoing and includes but is not limited to promoting professional growth, supporting best practices and ethical practice, assessing supervisee performance and developing plans for improvement, consulting on specific cases and assisting in the development of a course of action.

4. Engage in culturally affirming supervision, maintain cultural competence and consider cultural and historic factors and power dynamics that may have an impact on the supervisory relationship.

5. Avoid supervisory relationships with individuals with whom they have the inability to remain objective (e.g., family members or close friends).

6. Are competent with technology used to perform supervisory responsibilities and online supervision, if applicable. Supervisors protect all electronically transmitted confidential information.

7. Understand there are differences in face-to face and virtual communication (e.g., absence of verbal and nonverbal cues) that may have an impact on virtual supervision. Supervisors educate supervisees on how to communicate electronically to prevent and avoid potential problems and negative outcomes.

8. Provide information about how and when virtual supervisory services will be utilized, and provide school counselors with reasonable access to pertinent applications.

9. Ensure performance evaluations are completed in a timely, fair and considerate manner; base evaluations on clearly stated criteria; and use data when available.

10. Ensure supervisees are aware of policies and procedures related to supervision and evaluation and provide due-process procedures if supervisees appeal their evaluations.

11. Understand supervisee limitations and communicate concerns to the university/college supervisor in a timely manner.

12. Help supervisees select appropriate professional development based on identified needs.

13. Contact university/college supervisors and consult with school administrators to recommend assistance or dismissal when supervisees are unable to demonstrate competence as a school counselor as defined by the ASCA School Counselor Professional Standards & Competencies. Document recommendations and ensure supervisees are aware of such decisions and the resources available to them.

14. Recognize and acknowledge the specific roles of school counselor educators, site supervisors and the practicum/internship student. Supervisors ensure that supervisees are able to participate in a variety of academic, college/career and social/emotional activities through individual, group and classroom interventions.

E. MAINTENANCE OF STANDARDS
When the absence of a settled opinion or conviction exists as to the ethical behavior of a colleague(s), the following procedures may serve as a guide:

1. School counselors confidentially consult with professional colleagues to discuss the potentially unethical behavior and determine if the situation is an ethical violation.

2. School counselors discuss and seek resolution directly with the colleague whose behavior is in question unless the behavior is unlawful, abusive, egregious or dangerous, in which case proper school or community authorities are contacted.

3. School counselors understand mandatory reporting responsibilities in their respective districts and states.

4. School counselors take appropriate action in the following sequence if the matter remains unresolved at the school, school district, state department of education and/or professional practice/standards commission level: 1. Contact the state school counselor association's ethics committee if applicable. i. If no such committee exists, contact the state school counselor association leadership. ii. If the issue remains unresolved, proceed to step 2. 2. Contact the American School Counselor Association. Formal documentation of the steps taken and the response of the complainant and respondent should be submitted in hard copy to the ASCA Ethics Committee, c/o the Executive Director, American School Counselor Association, 277 S. Washington St., Suite 390, Alexandria, VA 22314.

F. ETHICAL DECISION-MAKING
When faced with an ethical dilemma, school counselors and school counseling program directors/supervisors use an ethical decision-making model.

1. Define the ethical dilemma.

2. Identify potential cultural, religious and worldview factors and power dynamics that are present within a potential ethical dilemma.

3. Apply the ASCA Ethical Standards for School Counselors and the relevant district policies and procedures.

4. Consult with appropriate professionals (e.g., supervisors, other student service professionals, school counseling peers, cultural experts).

5. Consider the student's chronological age and developmental level.

6. Consider parental/guardian and student rights

7. Apply the ethical principles of: Beneficence: working for the good of the individual and society by promoting mental health and well-being; Autonomy: fostering the right to control the direction of one's life; Nonmaleficence: avoiding actions that cause harm Justice: treating individuals equitably and fostering fairness and equality; Fidelity: honoring commitments and keeping promises, including fulfilling one's responsibilities of trust in professional relationships; Veracity: dealing truthfully with individuals with whom school counselors come into professional contact

8. Determine potential courses of action and their consequences.

9. Evaluate the selected action.

10. Implement the course of action and analyze the outcome.

11. Identify any inconsistencies in school/district policy for potential revision.

12. See other ethical decision-making models: Intercultural Model of Ethical Decision Making, Luke et al., (2013) Solutions to Ethical Problems in Schools (STEPS), Stone (2003) Ethical Justification Model, Kitchener (1984)

GLOSSARY OF TERMS
Advocate: a person who speaks, writes or acts to promote the well-being of students, parents/guardians, school and community stakeholders, and the school counseling profession. School counselors advocate to create and maintain equitable systems, policies and practices.

Anti-Racist: one who expresses the idea that race is a social construct and does not biologically exist while supporting policy that eliminates racial inequity and fighting against racism.

Assent: to demonstrate agreement when a student is not competent to give informed consent to counseling or other services the school counselor is providing.

Assessment: collecting in-depth information about a person to develop a comprehensive plan that will guide the collaborative counseling and service provision process.

Bias Incident: use of hateful imagery, language or acts that are often noncriminal in nature motivated by bigotry, prejudice or hate toward individuals because of the targets' perceived disability, ethnicity, gender, gender identity, nationality, race, sex or sexual orientation.

Boundaries: something that indicates or affixes an extent or limits.

Breach: disclosure of information given in private or confidential communication such as information given during counseling.

Bullying: intentional, repeated harmful acts, words or other behavior such as name calling, threatening and/or shunning committed by one or more children against another. These negative acts are not intentionally provoked by the victims, and for such acts to be defined as bullying, an imbalance in real or perceived power must exist between the bully and the victim. Bullying may be physical, verbal, emotional or sexual in nature.

Competence: the quality of being competent; adequacy; possession of required skill, knowledge, qualification or capacity.

Confidentiality: the ethical duty of school counselors to responsibly protect a student's private communications shared in counseling.

Conflict of Interest: a situation in which a school counselor stands to personally profit from a decision involving a student.

Consent: permission, approval or agreement; compliance.

Consultation: a professional relationship in which individuals meet to seek advice, information and/or deliberation to address a student's need.

Conventional Parameters: general agreement or accepted standards regarding limits, boundaries or guidelines.

Cultural Sensitivity: a set of skills enabling you to know, understand and value the similarities and differences in people; modify your behavior to be most effective and respectful of students and families; and deliver programs that fit diverse learners' needs.

Culturally Sustaining School Counseling policies and practices that affirm and embrace cultural pluralism, promote cultural dexterity and actively advocate for equitable systems and outcomes.

Custodial and Noncustodial: physical custody: a phrase used to determine which parent a minor student lives with as a result of a court order. A custodial parent has physical custody of the minor child while a noncustodial parent does not have physical custody of the minor child, as the result of a court order. Legal custody: both custodial and noncustodial parents have educational rights to their child's records unless noted by court documentation.

Data Dialogues: inquiry with others around student information to uncover inequities, promote informed investigations and assist in understanding the meaning of data and the next steps to have an impact on data.

Data Informed: accessing data, applying meaning to it and using data to have an impact on student success.

Developmental Level/Age: the age of an individual determined by degree of emotional, mental and physiological maturity as compared with typical behaviors and characteristics of that chronological age.

Disclosure: the act or an instance of exposure or revelation.

Diversity: the inclusion of individuals representing more than one national origin, gender identity, gender expression, ethnicity, religion, socioeconomic stratum, sexual orientation and the intersection of cultural and social identities.

Dual Relationship: a relationship in which a school counselor is concurrently participating in two or more roles with a student.

Empathy: the action of understanding, being aware of, being sensitive to and vicariously experiencing the feelings, thoughts and experience of another without having the feelings, thoughts and experience fully communicated in an objectively explicit manner.

Emancipated Minors: minors who are legally freed from control by their parents/guardians, and the parents/guardians are freed from any and all responsibility toward the children.

Encryption: process of putting information into a coded form to control and limit access to authorized users.

Equity: treated fairly; educational equity occurs when educators provide all students with the high-quality instruction and support they need to reach and exceed a common standard.

Ethics: the norms and principles of conduct and philosophy governing the profession.

Ethical Behavior: actions defined by standards of conduct for the profession.

Ethical Obligation: a standard or set of standards defining the course of action for the profession.

Ethical Rights: the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention or ethical theory.

Feasible: capable of being done, affected or accomplished easily or conveniently.

Gender Expression: the ways in which students manifest masculinity or femininity in terms of clothing, communication patterns and interests, which may or may not reflect the student's gender identity.

Gender Identity: one's personal experience of one's own gender. When one's gender identity and biological sex are not congruent, the student may identify as transgender.

Guardian Ad Litem: a guardian appointed by a court to watch after someone during a case.

Harassment: the act of systematic and/or continued unwanted disturbing or troubling persecution.

Informed Consent: assisting students in acquiring an understanding of the limits of confidentiality, the benefits, facts and risks of entering into a counseling relationship.

Intervention: to provide modifications, materials, advice, aids, services or other forms of support to have a positive impact on the outcome or course of a condition.

Legal Mandates: a judicial command or precept issued by a court or magistrate, directing proper behavior to enforce a judgment, sentence or decree.

Legal Rights: those rights bestowed onto a person by a given legal system.

Mandatory Reporting: the legal requirement to report to authorities.

Minors: persons under the age of 18 years unless otherwise designated by statute or regulation.

Oppression: unjust or cruel exercise of authority or power.

Perception: a mental image or awareness of environment through a physical sensation; a capacity for understanding or a result of an observation.

Peer Helper: peer-to-peer interaction in which individuals who are of approximately the same age take on a helping role assisting students who may share related values, experiences and lifestyles.

Peer Support: programs enhancing the effectiveness of the school counseling program while increasing outreach and raising student awareness of services.

Privacy: the right of an individual to keep oneself and one's personal information free from unauthorized disclosure.

Privileged Communication: conversation that takes place within the context of a protected relationship, such as that between an attorney and client, spouses, a priest and penitent, a doctor and patient and, in some states, a school counselor and student.

Professional Development: the process of improving and increasing capabilities through access to education and training opportunities.

Racial Bias: a personal and unreasoned judgment made solely on an individual's race.

Racism: when individuals, systems or institutions show more favorable evaluation or treatment of an individual or group based on race or ethnicity.

Relationship: a connection, association or involvement.

Risk Assessment: a systematic process of evaluating potential risks.

School Counseling Supervisor: a qualified professional who provides guidance, teaching and support for the professional development of school counselors and school counseling candidates.

Serious and Foreseeable Harm: when a reasonable person can anticipate significant and harmful possible consequences.

Sole-Possession Records: records used only as a personal memory aid that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record and provide only professional opinion or personal observations. Sole-possession records are exempted from the definition of educational records and FERPA protection.

Stakeholder: a person or group sharing an investment or interest in the students and/or school community (e.g., parents/guardians, school staff, administrators, business and community interest groups, school board members, etc.).

Systemic Change: change affecting the entire system; transformational; change affecting more than an individual or series of individuals; focused upon the dynamic of the environment, not the individual.

Supervision: a collaborative relationship in which one person promotes and/or evaluates the development of another.

Title IX of the Education Amendments of 1972: a law that demands that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any education program or activity receiving federal financial assistance.

Universal Screener: gathers information regarding behavioral and mental health issues by either reviewing existing data/input from educators or by asking questions directly of students. Schools receiving federal funding that use a universal screener asking even one question from one of the eight protected areas under the Protection of Pupil Rights Amendment (PPRA) must obtain active consent from parents/guardians if a student is required to complete the screening and passive consent if the screening is voluntary (U.S. Department of Education, PPRA, 2022).

Virtual/Distance Counseling: counseling by electronic means.

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ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA)

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Carr, L.(2022) School Culture. 9 Ways School Counselors can Build Positive Relationships in School.

It is imperative that counselors build positive and healthy relationships with students and staff to ensure the highest quality of their counseling services. This article is talking about ways to maintain positive relationships that helps lead to healthy and successful students.

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Cultivating strong connections with students and other staff takes time but is essential for school counselors' success in their work.

The relationships that school counselors build with teachers, administrators, staff, students, and parents take time and are a key part of our success. We serve as an ally, liaison, problem solver, and referral agent for students (and also teachers). Considering different strategies to create new relationships and maintain current ones is important.

9 Relationship-Building Tips for Counselors

1. Take a tour with an insider: When I first arrived as a counselor at my school, a friend who lived in town gave me a tour. We drove around and she shared her best advice and her perspective on the close-knit community. I learned about wonderful resources as well as businesses, parks, and diverse geography including suburban and rural neighborhoods. This gave me a good perspective on the culture of our community and where our students live.

I recently drove around the community with a counselor who lives in town and got some important updates about how things have changed. Over the years, our community has become more culturally, socioeconomically, and ethnically diverse, and many new businesses have opened to address the needs of our community. Knowing about these is important because our school has a community service requirement (20 hours) for seniors to complete before graduation. This policy creates new opportunities for partnerships and strengthens community ties.

2. Get to know your colleagues: As a counselor, I communicate with people every day. Three years ago, I started arriving at work early to walk in our building with a math teacher. The group grew over the years to include two more teachers. Speaking to them each day has helped me learn more about their families and their roles as teachers, and they've understood my responsibilities and interests. I also observe other teachers and administrators as they arrive in the morning and build new relationships with them. These social interactions have become very important to us-we are friends and allies.

3. Be visible: I check in with faculty in different departments to build rapport and get to know them personally. On a regular basis, I visit the library to say hello and check on students to see who is in the carrels, chatting at tables, or working on puzzles to relieve stress.

My morning routine includes popping in to see special education teachers and students in resource rooms and answer questions they might have. By regularly visiting our English as a New Language classroom, the alternate education program, the supervisors' offices, and assistant principals, I'm able to cultivate better relationships with educators and students. Scheduling appointments when needed to meet with administrators is also an important way to build partnerships, and visibility is a big part of that.

4. Create programming to encourage partnership: A counselor in our office coordinated the new teacher orientation annually for faculty for many years, which was a great opportunity to collaborate with new community members and help them transition effectively. Last year, a number of new faculty members joined our community, and I visited them regularly and introduced them to other new teachers to help create positive connections.

Consider a counselor-hosted open house at the beginning of the year to welcome faculty and staff back and reintroduce community members to the counseling center. This is an excellent way to clarify the role of the counselor and publicize upcoming programs.

Facilitating programs and events at a school provides a good opportunity to connect with others because it takes a village to implement a program. For an evening program, communications, technology, food service, and maintenance are important partners. Collaborating with maintenance about setup and timing, discussing computer needs with the technology experts, and meeting with the communications team to plan social media and email notifications are all part of the planning process.

5. Work with the community and local businesses: Getting involved with committees and volunteering in the district can help us create new relationships. I have volunteered to serve on a number of committees over the years, including the curriculum committee, a committee to review a program at our high school, a diversity planning committee, and a K-12 diversity and inclusion committee. Think about your interests and what positions are available on committees at your school.

Our local business community is a great resource. Local grocery stores donate food, refreshments, and supplies for counseling center programs. High school graduates have returned to share their experiences for our First Gen program and visited history, English, world language, and other classes to discuss entrepreneurship. Professionals at the local Chamber of Commerce are great partners who've supported our annual career fair for many years. Their insights and connections with community members are invaluable.

6. Collaborate with colleagues to create extended events: As a result of participating on the previously mentioned diversity committees, I was able to meet teachers from other buildings. For a couple of years, I was one of the Black History Month coordinators. I collaborated with many teachers and administrators in addition to businesses to implement a meaningful month of activities and programs. This celebration was truly a community effort that included teachers from many departments including art, social studies, English, music, and world language, and our administrative team. We also invited a local Food Network star to collaborate with our food service staff and our culinary teacher to cook Southern cuisine for the students and staff.

7. Check in with staff members who also support students: The hall monitors and staff are the eyes and ears of the building. During the day, you can see them speaking to students, comforting them, cheering them on, and serving as a valuable resource. They have wonderful connections with students, who trust them and rely on them for support. Checking in with them during the week helps me get an update on students. The secretaries in different offices also have a finger on the pulse of what is happening. I regularly see students visit the secretaries in the counseling center and main office to say hello or express concerns about something.

8. Give positive recognition regularly: We implemented positive phone calls and emails to parents a few years ago. I love this initiative because frequently as a counselor, our communication with parents involves concerns. We now try to call parents with positive news on a regular basis. We also have a "Be the Change" character awards program coordinated by an assistant principal, which recognizes students for random acts of kindness, as well as academic or personal improvement. This is a wonderful vehicle for community members to recognize students.

9. Get feedback: There are many opportunities to build positive relationships with members of our community. Getting feedback from them is another way to connect and help us see different perspectives. "As we reflect on last year, what do you think we could do differently or better? Any suggestions?" was a productive conversation I had with our principal the other day. It was helpful, giving me a great idea to implement in this year.

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9 Ways Counselors Can Build Positive Relationships in School

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Cultivating strong connections with students and other staff takes time but is essential for school counselors' success in their work.

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Slide #13 Recommendations/ Best Practices for Compliance

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Slide #13 Recommendations/ Best Practices for Compliance

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Clear expectations of student and staff relationships and what are the boundaries of these

Clear expectations of student and staff social media guidelines and the boundaries of these

Professional Development that can increase awareness of inappropriate relationships

Allow parents to participate in school functions to increase awareness of students and staff to build relationships

Provide district wide check ins for staff and specific protocols

Provide clear reporting instructions and implement a safe place to report for investigation.