(a) Solicitation of sexual contact--Deliberate or repeated acts that can be reasonably interpreted as the solicitation by an employee of a relationship with a student that is sexual in nature. Solicitation of sexual contact is often characterized by a strong emotional or sexual attachment and/or by patterns of exclusivity but does not include appropriate relationships that arise out of legitimate contexts such as familial connections or longtime acquaintance. The following acts, considered in context, may constitute prima facie evidence of the solicitation by an employee of sexual contact with a student:
  (1) behavior, gestures, expressions, or communications with a student that are unrelated to the employee's job duties and evidence a sexual intent or interest in the student, including statements of love, affection, or attraction. Factors that may be considered in determining the intent of such communications or behavior, include, without limitation:
    (A) the nature of the communications;
    (B) the timing of the communications;
    (C) the extent of the communications;
    (D) whether the communications were made openly or secretly;
    (E) the extent that the employee attempts to conceal the communications;
    (F) if the employee claims to be counseling a student, the commissioner of education may consider whether the employee's job duties included counseling, whether the employee reported the subject of the counseling to the student's guardians or to the appropriate school personnel, or, in the case of alleged abuse or neglect, whether the employee reported the abuse or neglect to the appropriate authorities; and
    (G) any other evidence tending to show the context of the communications between employee and student;
  (2) making inappropriate comments about a student's body, creating or transmitting sexually suggestive photographs or images, or encouraging the student to transmit sexually suggestive photographs or images;
  (3) making sexually demeaning comments to a student;
  (4) making comments about a student's potential sexual performance;
  (5) requesting details of a student's sexual history;
  (6) requesting a date, sexual acts, or any activity intended for the sexual gratification of the employee;
  (7) engaging in conversations regarding the sexual problems, preferences, or fantasies of either party;
  (8) inappropriate hugging, kissing, or excessive touching;
  (9) providing the student with drugs or alcohol;
  (10) violating written directives from school administrators regarding the employee's behavior toward a student;
  (11) suggestions that a romantic relationship is desired after the student graduates, including post-graduation plans for dating or marriage; and
  (12) any other acts tending to show that the employee solicited sexual contact with a student.
(b) Abuse--This term has the meaning assigned by Texas Family Code, §261.001(1).
(c) Private school--A non-public school that offers a course of instruction for students in Texas in one or more grades from Prekindergarten-Grade 12 and is:
  (1) accredited by an organization that is monitored and approved by the Texas Private School Accreditation Commission;
  (2) listed in the National Center for Education Statistics database; or
  (3) a child care provider that is licensed by the Texas Health and Human Services Commission.
(d) Employee--A person who is employed by a school district, district of innovation, charter school, service center, or shared services arrangement and does not hold a certification issued by the State Board for Educator Certification under Texas Education Code, Chapter 21, Subchapter B.
(e) Nonprofit teacher organization--An organization approved by the commissioner of education to participate in a tutoring program under Texas Education Code, §33.913.

Source Note: The provisions of this §153.1201 adopted to be effective December 31, 2019, 44 TexReg 8307; amended to be effective January 25, 2022, 47 TexReg 152