School districts should conduct an annual review and adjustment of policies to address issues within the educational system. In particular, administrators should focus on formulating policies to tackle inappropriate teacher/student relationships. Teachers should take the lead in establishing and upholding clear boundaries to prioritize an environment conducive to learning.

Topic: This guide explores the laws and current issues surrounding inappropriate teacher/student relationships.

Guide Audience: This guide is intended to be useful for school administration, school board members, and district policy makers.

Federal: U.S. Department of Education

State: Texas Education Agency

The U.S. Department of Education works to provide funding through various programs to help build effective school systems at state levels. However, education is more of a state and local responsibility. Texas Education Agency (TEA) provides support and guidance for public schools at a state level. TEA, under the guidance of the State Board for Education Certification (SBEC), has the authority to seek disciplinary action against an educator's certification due to misconduct in the school setting.

14th Amendment

(U.S. Const. amend. XIV, § 2.)

• Protects individuals, regardless of gender, against sexual harassment.

• Legal framework for Title VII

• Equal protection under the law

Texas Administrative Code

(19 Tex. Admin. Code §247.2)

• Protect the well-being of students

• Guidelines for resolving disciplinary investigations against educators.

• Ensure morally fit educators are serving in school systems.

Source of Law: Statue

Texas Penal Code

(Tex. Penal Code § 21.12)

https://texas.public.law/statutes/tex._penal_code_section_21.12

• Sexual offenses committed against educators against students are considered a felony of the second degree.

• A student involved in an improper relationship has the right to privacy and their names are not public information.

Franklin v. Gwinnett County Public Schools 

• Allegation: Sexual harassment by a teacher

• Legal Basis: Title IX prohibits sex-based discrimination in educational programs and activities

• Outcome: Supreme Court ruled unanimously in favor of Christine Franklin

• Ruling: Monetary damages are available as a remedy for victims of intentional sexual harassment under Title IX.

• Significance: Clarified the right of individuals to seek damages for sexual harassment under Title IX, setting a precedent for addressing such issues in educational institutions.

Title IX

(20 U.S.C. §1681 et seq.)

• The Law prohibits discrimination on the basis of sex in education programs and activities

• Schools must have a Title IX Coordinator.

• Schools must have a policy in place for students to be able to make complaints of sexual discrimination and harassment.

Aquilla ISD Board Policy Manual

(Board Policy Manual, 2022)

• The district policy explicitly prohibits any form of sexual harassment of a student by a district employee.

• Engaging in romantic or inappropriate social relationships between students and district employees is strictly prohibited.

• Any form of sexual relationship between a student and a district employee is prohibited, irrespective of whether it is consensual or not.

• Employees are required to report any belief or suspicion of sexual harassment promptly.

• The policy outlines how reports will be handled in accordance with state laws.

  
  

Clear Policies and Procedures

• Develop and communicate clear policies and procedures regarding appropriate conduct between students and teachers.

Training and Awareness

• Provide explicit training to teachers, staff, and administrators about the policies and guidelines related to student-teacher relationships.

Social Media Guidelines:

• Establish guidelines for the use of social media between teachers and students.

(Crockett et al., 2023)

Crockett, M., Henry, L., McGuire, S., & Gurdal, A. (2023). Teachers’ Social Media Use and Its Legal Implications. The William & Mary Educational Review, 8(1).

(19 TAC § 247)

Standard 3.8 mandates that educators uphold appropriate professional relationships and boundaries with students.

Educators are required to establish and uphold clear boundaries with their students. Failing to establish these boundaries puts teachers at risk of breaching ethical codes. When the distinction between a teacher and a student becomes unclear, the resulting issues can be damaging for a student's mental health and puts the future of the educator at risk.