1. Include provisions designed to prevent improper electronic communications between a school employee and a student;
  2. Allow a school employee to elect to not disclose to students the employee's personal telephone number or email address; and
  3. Include provisions instructing a school employee about the proper method for notifying appropriate local administrators about an incident in which a student engages in improper communications with the school employee.
  1. Forward or transfer the public information to the district or a district server to be preserved as provided by Government Code 552.004(a); or
  2. Preserve the public information in its original form in a backup or archive and on the privately owned device for the time described under 552.004(a).
  1. Section 21.02 (continuous sexual abuse of young child or disabled individual);
  2. Section 21.12 (improper relationship between educator and student);
  3. Section 22.011 (sexual assault) or Section 22.021 (aggravated sexual assault); or
  4. Section 43.24 (sale, distribution, or display of harmful material to minor).
  1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the district's workplace and specifying the actions that will be taken against employees for violations of the prohibition;
  2. Establishing a drug-free awareness program to inform employees about:
    1. The dangers of drug abuse in the workplace;
    2. The district's policy of maintaining a drug-free workplace;
    3. Available drug counseling, rehabilitation, and employee assistance programs; and
    4. The penalties that may be imposed on employees for drug abuse violations;
  3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the required statement;
  4. Notifying the employee in the required statement that as a condition of employment in the grant the employee will:
    1. Abide by the terms of the statement; and
    2. Notify the district of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction;
  5. Notifying the granting agency within 10 days after receiving notice from an employee or otherwise receiving actual notice of a conviction;
  6. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by 41 U.S.C. section 8104; and
  7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of the above requirements.
  1. Knowingly sell, market, or distribute a dietary supplement that contains performance-enhancing compounds to a primary or secondary education student with whom the employee has contact as part of the employee's duties; or
  2. Knowingly endorse or suggest the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance-enhancing compounds by a primary or secondary student with whom the employee has contact as part of the employee's duties.

EDGEWOOD ISD-BEXAR COUNTY

DH(LEGAL)-P

UPDATE 122

DATE ISSUED: 10/26/2023

Adopted: Date not found

Each District employee shall perform his or her duties in accordance with state and federal law, District policy, and ethical standards. The District holds all employees accountable to the Educators' Code of Ethics. [See DH(EXHIBIT)]

Each District employee shall recognize and respect the rights of students, parents, other employees, and members of the community and shall work cooperatively with others to serve the best interests of the District.

An employee wishing to express concern, complaints, or criticism shall do so through appropriate channels. [See DGBA]

Violations of Standards of Conduct

Each employee shall comply with the standards of conduct set out in this policy and with any other policies, regulations, and guidelines that impose duties, requirements, or standards attendant to his or her status as a District employee. Violation of any policies, regulations, or guidelines, including intentionally making a false claim, offering a false statement, or refusing to cooperate with a District investigation, may result in disciplinary action, including termination of employment. [See DCD and DF series]

Weapons Prohibited

The District prohibits the use, possession, or display of any firearm, location-restricted knife, club, or prohibited weapon, as defined at FNCG, on District property at all times.

Exceptions

No violation of this policy occurs when:

  1. Use or possession of a firearm by a specific employee is authorized by Board action. [See CKE]
  2. A District employee who holds a Texas handgun license stores a handgun or other firearm in a locked vehicle in a parking lot, parking garage, or other parking area provided by the District, provided the handgun or other firearm is not in plain view; or
  3. The use, possession, or display of an otherwise prohibited weapon takes place as part of a District-approved activity supervised by proper authorities. [See FOD]

Electronic Communication

Use with Students

A certified employee, licensed employee, or any other employee designated in writing by the Superintendent or a campus principal may use electronic communication, as this term is defined by law, with currently enrolled students only about matters within the scope of the employee's professional responsibilities.

Unless an exception has been made in accordance with the employee handbook or other administrative regulations, an employee shall not use a personal electronic communication platform, application, or account to communicate with currently enrolled students.

Unless authorized above, all other employees are prohibited from using electronic communication directly with students who are currently enrolled in the District. The employee handbook or other administrative regulations shall further detail:

  1. Exceptions for family and social relationships;
  2. The circumstances under which an employee may use text messaging to communicate with individual students or student groups;
  3. Hours of the day during which electronic communication is discouraged or prohibited; and
  4. Other matters deemed appropriate by the Superintendent or designee.

In accordance with ethical standards applicable to all District employees [see DH(EXHIBIT)], an employee shall be prohibited from using electronic communications in a manner that constitutes prohibited harassment or abuse of a District student; adversely affects the student's learning, mental health, or safety; includes threats of violence against the student; reveals confidential information about the student; or constitutes an inappropriate communication with a student, as described in the Educators' Code of Ethics.

An employee shall have no expectation of privacy in electronic communications with students. Each employee shall comply with the District's requirements for records retention and destruction to the extent those requirements apply to electronic communication. [See CPC]

Personal Use

All employees shall be held to the same professional standards in their public use of electronic communication as for any other public conduct. If an employee's use of electronic communication violates state or federal law or District policy, or interferes with the employee's ability to effectively perform his or her job duties, the employee is subject to disciplinary action, up to and including termination of employment.

Reporting Improper Communication

In accordance with administrative regulations, an employee shall notify his or her supervisor when a student engages in improper electronic communication with the employee.

Disclosing Personal Information

An employee shall not be required to disclose his or her personal email address or personal phone number to a student.

Safety Requirements

Each employee shall adhere to District safety rules and regulations and shall report unsafe conditions or practices to the appropriate supervisor.

Seat Belt Requirements

A District employee shall use and securely fasten his or her seat belt when driving during District business and while driving to and from work.

While on District business and/or while driving to and from work or to and from any school activity, a District employee may not provide transportation to any person in a vehicle without operating seat belts for passenger safety.

A District employee shall require passengers who are being transported in District or personal vehicles, while on District business and while driving to and from work or any school activity, to use and to securely fasten their seat belts.

Harassment or Abuse

An employee shall not engage in prohibited harassment, including sexual harassment, of:

  1. Other employees. [See DIA]
  2. Students. [See FFH; see FFG regarding child abuse and neglect.]

While acting in the course of employment, an employee shall not engage in prohibited harassment, including sexual harassment, of other persons, including Board members, vendors, contractors, volunteers, or parents.

An employee shall report child abuse or neglect as required by law. [See FFG]

Relationships with Students

An employee shall not form romantic or other inappropriate social relationships with students. Any sexual relationship between a student and a District employee is always prohibited, even if consensual. [See FFH]

As required by law, the District shall notify the parent of a student with whom an educator is alleged to have engaged in certain misconduct. [See FFF]

Personal Vehicles

No employee shall loan his or her personal vehicle to a student.

Personal Loans

A District employee shall not borrow money from a student, nor shall he or she lend money or personal property to a student.

Tobacco and E‑Cigarettes

An employee shall not smoke or use tobacco products or e‑cigarettes on District property, in District vehicles, or at school-related activities. [See also GKA]

Alcohol and Drugs / Notice of Drug-Free Workplace

As a condition of employment, an employee shall abide by the terms of the following drug-free workplace provisions. An employee shall notify the Superintendent in writing if the employee is convicted for a violation of a criminal drug statute occurring in the workplace in accordance with Arrests, Indictments, Convictions, and Other Adjudications, below.

An employee shall not manufacture, distribute, dispense, possess, use, or be under the influence of any of the following substances during working hours while on District property or at school-related activities during or outside of usual working hours:

  1. Any controlled substance or dangerous drug as defined by law, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.
  2. Alcohol or any alcoholic beverage.
  3. Any abusable glue, aerosol paint, or any other chemical substance for inhalation.
  4. Any other intoxicant or mood-changing, mind-altering, or behavior-altering drug.

An employee need not be legally intoxicated to be considered "under the influence" of a controlled substance.

Exceptions

It shall not be considered a violation of this policy if the employee:

  1. Manufactures, possesses, or dispenses a substance listed above as part of the employee's job responsibilities;
  2. Uses or possesses a controlled substance or drug authorized by a licensed physician prescribed for the employee's personal use; or
  3. Possesses a controlled substance or drug that a licensed physician has prescribed for the employee's child or other individual for whom the employee is a legal guardian.

Sanctions

An employee who violates these drug-free workplace provisions shall be subject to disciplinary sanctions. Sanctions may include:

  1. Referral to drug and alcohol counseling or rehabilitation programs;
  2. Referral to employee assistance programs;
  3. Termination from employment with the District; and
  4. Referral to appropriate law enforcement officials for prosecution.

Notice

Employees shall receive a copy of this policy.

Arrests, Indictments, Convictions, and Other Adjudications

An employee shall notify his or her principal or immediate supervisor within three calendar days of any arrest, indictment, conviction, no contest or guilty plea, or other adjudication of the employee for any felony, any offense involving moral turpitude, and any of the other offenses as indicated below:

  1. Crimes involving school property or funds;
  2. Crimes involving attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;
  3. Crimes that occur wholly or in part on school property or at a school-sponsored activity; or
  4. Crimes involving moral turpitude, which include:
    • Dishonesty; fraud; deceit; theft; misrepresentation;
    • Deliberate violence;
    • Base, vile, or depraved acts that are intended to arouse or gratify the sexual desire of the actor;
    • Felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance defined in Chapter 481 of the Health and Safety Code;
    • Felony driving while intoxicated (DWI); or
    • Acts constituting abuse or neglect under the Texas Family Code.

Dress and Grooming

An employee's dress and grooming shall be clean, neat, in a manner appropriate for his or her assignment, and in accordance with any additional standards established by his or her supervisor and approved by the Superintendent.

Integrity and Honesty

An employee shall be required to exhibit integrity and honesty at all times as an employee of the District. An employee shall be expected to behave in accordance with standards that preclude theft, embezzlement, improper inducement, and obstruction of investigation or other criminal action in order to prevent fraud and program abuse. By way of example and not limitation, with respect to the receipt of federal grant funds or property obtained by such funds, any employee who receives such funds or property because of such improper activity by the employee shall be required to repay the District or the applicable grant provider and shall be subject to termination of employment and possible prosecution where necessary.

Recording Conversations

The Board encourages open communication among District employees and between employees and the administration. To facilitate open communication, and to prevent the chilling effect that may occur if an employee is permitted to secretly record conversations, the Board institutes the following provisions.

Prior Consent Required

Without the prior consent of the Superintendent or all parties subject to the recording, no District employee and no representative or agent of the employee may secretly record, in any manner and in any medium whatsoever, any conversation of another District employee while either employee is on duty and working for the District, regardless of where or when the conversation or recording takes place. District peace officers shall be exempt from this prior consent requirement when recording in the course and scope of their duties as District peace officers.

Official Hearings / Meetings

Except as provided by law, recording devices may not be used during meetings between a supervisor and a staff member unless all parties subject to the recording have consented to such recording; however, a supervisor may make an official recording of any administrative hearing and/or meeting involving the supervisor and staff member, after stating for the record and on the recording, prior to the start of the hearing and/or meeting:

That the recording is being made;

The date and place of the recording; and

The time of the recording.

Each party subject to a recording shall be entitled to a copy of it upon request, to the extent that such information is available to the employee under the Public Information Act. [See DGBA]

EDGEWOOD ISD-BEXAR COUNTY

DH(LOCAL)-X

UPDATE 114

DATE ISSUED: 11/21/2019

Exhibit A—Educators' Code of Ethics

  1. The nature, purpose, timing, and amount of the communication;
  2. The subject matter of the communication;
  3. Whether the communication was made openly or the educator attempted to conceal the communication;
  4. Whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship;
  5. Whether the communication was sexually explicit; and
  6. Whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

Exhibit B—General Code of Ethics

Individuals volunteering for or employed by the District and individuals or companies who are independent contractors doing work for the District must accept the responsibility to do what is best for fulfilling the interests of those they serve, namely, the District and its students and staff, residents, and taxpayers. All such individuals, including members of the Board, other volunteers, District employees, contractors, and all other individuals directly associated with the District, must maintain high standards of conduct in order to efficiently and effectively discharge their responsibilities to the District. In this regard, the Board has adopted this General Code of Ethics to supplement applicable city, state, and federal law and/or regulations and Board policy and/or procedures.

This General Code of Ethics will apply to all individuals associated directly with the District, whether the persons be members of the Board, other volunteers, committee members, employees, independent contractors or anyone else providing service to the District. By voluntarily serving the District or being employed or working for the District in any legal capacity, all individuals and companies will thereby assume an obligation of self-discipline, not less than that required by law, this Code, Board policies, and/or District regulations.

The Standards of Conduct set forth in this General Code of Ethics provide and formalize basic standards and protocols in both internal and external matters of the District. All individuals and companies covered by this General Code of Ethics will recognize the following:

  • That they assume responsibility for adhering to the Standards of Conduct hereinafter expressed, as well as applicable city, state, and federal laws and/or regulations, applicable Board policies* and/or procedures, and all professional standards for the related fields of conduct applicable to the services being performed.
  • That the Standards of Conduct hereinafter written cannot provide guidance for every possible activity and that, therefore, individuals will be expected to use good judgment, exercised in good faith, in all endeavors with the District.
  • That action or omission that violates the Standards of Conduct hereinafter written will be subject to disciplinary action, including but not limited to sanctions, termination of employment and/or termination of contracts.

The Standards of Conduct found on the bottom of this General Code of Ethics will immediately apply to all individuals and companies who have a direct association with the District and its officers and/or employees.

Standards of Conduct

Individuals and companies will uphold the mission of the District by adhering to the following Standards of Conduct while performing their duties and responsibilities and meeting their ob-ligations to the District:

  1. Ensure that all city, state, and/or federal laws and/or regulations applicable to them are followed.
  2. Adhere to applicable District policies and/or procedures and the applicable standards for the related fields of professional conduct attributed to them.
  3. Avoid actions that, if carried out, would jeopardize the ability of others to comply with city, state, and/or federal laws and/or regulations and/or District policies and/or procedures applicable to the other person.
  4. Effectively, efficiently, and economically transact District business, including, but not limited to, making good faith efforts to safeguard District assets from waste, abuse, theft, or other physical loss.
  5. Exhibit a desire to serve the public by being service-oriented and displaying a helpful, kind, patient, and tolerant demeanor.
  6. Practice fair and nondiscriminatory treatment toward others and especially to those who are being served.
  7. Follow District administrative line and staff reporting procedures and reveal all material facts known to them when reporting on the results of their work, which if not revealed, could either conceal unlawful or improper practices or results or prevent informed decisions from being made by the persons required to make recommendations and/or decisions.
  8. Exercise objectivity and diligence in their service and continually strive for improvement in their proficiency and in the effectiveness and quality of their service.
  9. Exercise honesty, integrity, and good judgment in all matters pertaining to the activities of the District, its Board and/or its individual members, District employees, and/or volunteers. In this regard:
    1. They will not knowingly participate in acts or activities that: (i) are illegal, improper or, using a reasonable and prudent person test, have the appearance of impropriety; (ii) are discreditable to themselves or the District; or (iii) are detrimental to the welfare of the District;
    2. They will abide by the applicable code of conduct related to business transactions by avoiding or disclosing any activity that is or is generally acknowledged to be in conflict with the interests of the District or that could prejudice their ability to carry out objectively their service to the District;
    3. They will release public statements that are truthful and objective, keep information and records confidential when appropriate, and protect the governmental interests of the District, its officers and employees, and the welfare of District students;
    4. They will avoid any and all conflicts of interest, immediately acknowledge any influences, and offer to withdraw from any assignment when an actual conflict exists that may impair their objectivity or integrity in the service of the District;
    5. They will avoid actions and/or omissions that promote their own self-interests at the expense of their profession and will uphold the standards of their profession with honor and dignity.
    6. Subject to Paragraph 10, they will not solicit, offer, bestow, or promise to bestow anything of value for or on any District officer or employee for the purpose of influencing a recommendation, action, decision, determination, or vote on any District matter and/or that, using a reasonable and prudent person test, has the appearance of influencing the same or creating any ethical and/or legal impropriety; and they will immediately report to the Board or, if appropriate, the Superintendent, any such solicitation, offer, bestowal, or promised bestowal of the same;
    7. Subject to Paragraph 10, they will provide written notification to the Board or, if appropriate, the Superintendent, of any transaction that involves: (i) anything of value, given to, given on behalf of, or given in honor of any person who is or who be-comes a Board member within six months of entering into a contract with the District and through the conclusion of the contract services to the District; and/or (ii) any such thing of value given to, given on behalf of, or given in honor of any person who is related to the Board member by blood within the third degree or by marriage within the second degree, within six months of entering into a contract with the District and through the conclusion of the contract services to the District.
  10. This policy is not meant to and will not apply to attendance at or the hosting of social functions unrelated to District official business projects/matters; nor will this policy apply to reported campaign contributions as contemplated under the Texas Election Code, nor to the payment of nominal amounts for meals and other activities that are related to on-going District official business project(s) in which the person or company is currently involved with the District and/or third party; except, however, this exception will not excuse compliance with other rules of law and ethics as may otherwise be applicable to any person and/or company.

* For District Board members, relevant Board policies include, but are not limited to, policy series BB on Board authority, ethics, conflict of interest, and compensation. For District personnel, relevant Board policies include, but are not limited to, policy series DH on employee standards of conduct.

Acknowledgment and Agreement by Contractor:

EDGEWOOD ISD-BEXAR COUNTY

DH(EXHIBIT)-X

UPDATE 116

DATE ISSUED: 1/6/2021