I recommend that teachers never use social media to communicate with their students.
While not every interaction violates Texas law or professional standards, certain communications may raise ethical concerns or lead to an SBEC investigation. Even communicating about school matters through personal social media accounts may lead to board investigations and/or complaints, which could put your teacher license at risk.
If you are facing a disciplinary action from the State Board for Educator Certification (SBEC) or the Texas Education Agency (TEA), a Texas teacher license defense lawyer from Bertolino LLP can help you respond and protect your teacher certification and livelihood.
Ethical Concerns For Teachers Contacting Students on Social Media
Because of the increasing use of social media, contact between teachers and students has become a significant concern, which is why Texas professional license defense lawyers caution teachers against it.
The State Board for Educator Certification (SBEC), a Texas Education Agency (TEA) division, certifies and monitors educational professionals for compliance with applicable rules and laws. If someone files a complaint against an educator, the SBEC will investigate the complaint and file disciplinary proceedings as needed.
Because social media is so pervasive today, contact between teachers, other educators, and students through social media can lead to disciplinary proceedings and severe sanctions. Bertolino LLP can help if you are a teacher under investigation for contacting your students on social media.
Factors That Determine If Communication Is Inappropriate
While Texas educator rules do not prohibit every form of communication between teachers and students on social media, such interactions often raise ethical questions. 19 Tex. Admin. Code §247.2(3)(I), Standard 3.9 of the Code of Ethics and Standard Practices for Texas Educators requires teachers to refrain from inappropriate communication with students or minors.
The SBEC evaluates several factors to assess whether a communication crosses into inappropriate territory, such as:
- The nature, purpose, timing, and frequency of the communication.
- The content and subject matter of the message, particularly if it includes personal or intimate discussions.
- Whether the communication could be perceived as an attempt to solicit a romantic or sexual relationship.
- Attempts to conceal the communication, such as using apps like Snapchat, where messages disappear after being sent.
- Discussions involving the physical or sexual attractiveness of either the educator or student, or any references to sexual activities or preferences.
For example, late-night or frequent messaging might raise concerns, especially if viewed as an attempt to avoid parental or administrative oversight. Teachers should avoid topics or discussions they would not feel comfortable addressing publicly, such as in a classroom setting.
The subject matter of the messages is equally important. If you would not discuss the subject in front of a classroom full of students, then discussing it privately with a student is likely inappropriate.
District Policies
Some school districts have specific policies and rules, such as requiring you to contact or copy a child’s parents on any electronic communications you might send the child, including text messages and social media.
Some school district policies prohibit any such contact between teachers and students altogether. And violating a school district policy could be grounds for investigating a teacher for misconduct.
Communication Via Social Media Can Be Easily Misunderstood
Even if communication via social media is innocent or said jokingly, it is easy for the student, a parent, or a third party to misconstrue it. Any word or statement that appears improper or inappropriate can be dangerous for a teacher.
Using social media apps like Snapchat, in which messages disappear almost immediately, could also be construed as concealing communications between a teacher and student. Since social media and electronic communications lack social cues and body language, the risk of misconstruing statements, “likes,” and emojis is high, so avoiding these interactions altogether is advisable.
The best practice is for teachers, to the extent they have social media accounts, is to keep them private and refrain from “friending” students or communicating with them through those accounts.
Teacher-Student Interaction on Social Media and Criminal Offenses
Inappropriate communications between teachers and students on social media platforms or other electronic means may also constitute criminal offenses. These crimes could serve as another basis for disciplinary action against a teacher by the SBEC.
Texas Penal Code § 33.021 defines online solicitation of a minor to include communicating in a sexually explicit manner or distributing sexually explicit material, which is a felony of the third degree, or a felony of the second degree if it involves a minor who is younger than fourteen or whom the actor believes to be younger than fourteen at the time of the offense.
Sanctions for Inappropriate Communications with Students
The SBEC can impose various sanctions against a teacher under 19 Tex. Admin. Code §249.15. These sanctions include the following:
- Indefinitely or temporarily restricting the issuance, renewal, or holding of a teaching certificate
- Issuing a reprimand
- Suspending or placing a certificate on probation
- Revoking or canceling a certificate
- Imposing conditions or restrictions on a certificate to support educator rehabilitation, professional development, or student protection
In the case of a teacher who engages in any sexual contact or romantic relationship with a student or minor, solicits any sexual contact or romantic relationship with a student or minor, or possesses or distributes child pornography, the SBEC must permanently revoke the teacher’s certificate.
SB 571 Raises the Stakes for Texas Teachers
Educational professionals in Texas now have even greater reason to exercise extreme caution regarding their electronic interactions with students.
With the 2025 passage of Senate Bill 571, TEA gained expanded authority to place school employees and service providers on the Do Not Hire Registry temporarily while allegations remain pending. This shift is critical, as educators may now suffer professional consequences before a final determination is reached regarding the validity of those claims.
Under Texas Education Code § 22A.152, TEA can initiate temporary Registry placement if the Texas Commissioner of Education finds that an individual’s continued employment poses a “continuing and imminent threat to the public welfare.” Crucially, teachers must recognize that the law facilitates this action “without notice or hearing.”
Consequently, the TEA may list a teacher on the Registry before they can provide their side of the story. While a subsequent process exists, including a filing with the State Office of Administrative Hearings (SOAH) and a probable-cause hearing within 17 days, a final hearing is not required until 61 days after the initial placement.
Separate complications arise in certain arrests.
Under Texas Education Code § 22A.153, being arrested for specific offenses can trigger a temporary Registry placement. In these instances, the TEA is not required to establish the “continuing and imminent threat” finding mandated by § 22A.152.
Although an arrest does not equate to a conviction, current statutes allow for temporary placement while criminal proceedings are ongoing. This does not imply that an ill-advised message automatically results in a Registry listing; however, depending on the nature of the communication, a single social media exchange can escalate far beyond a simple administrative complaint. It can trigger district investigations, SBEC certification cases, criminal inquiries, or several concurrent legal challenges.
For this reason, my recommendation remains absolute: refrain from using social media to contact students. A message intended as harmless can be easily misconstrued when later scrutinized by administrators, investigators, or law enforcement.
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Factors to Consider When Determining Sanctions in Disciplinary Cases
19 Tex. Admin. Code §249.17 outlines factors for the TEA, SBEC, and administrative law judges to consider in deciding the appropriate sanctions in disciplinary proceedings, including the following:
- The seriousness of the violation
- Whether the misconduct was premeditated or intentional
- Any attempts to conceal the misconduct
- The educator’s history of prior misconduct or SBEC sanctions
- The potential danger the conduct poses to the health and welfare of students
- The effects of the prior conduct on any victims
- Whether sufficient time has passed and evidence exists of rehabilitation
- The effects of the conduct on the educator’s good moral character and ability to serve as a role model for students
- Whether the sanction will deter future violations
- Any other relevant circumstances or facts
With over 50 years of combined experience, the lawyers at Bertolino LLP have extensive knowledge of handling cases before Texas’s most active licensing agencies, including the SBEC. If you are facing disciplinary action, a teacher license defense attorney can help by preparing accurate responses, collecting evidence, and advocating during settlement conferences or administrative hearings.
Bertolino LLP Can Help Protect Your Educational License
At Bertolino LLP, we have served thousands of licensed professionals across Texas. Our teacher license defense attorney can guide you through disciplinary proceedings and defend you against misconduct allegations, including those involving contacting your students on social media.
We are here to help you fight back, protect your educational certification, and preserve your career. Contact our Client Success Liaison to schedule a complimentary consultation today!
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