The ALJ concluded that two stated purposes of the Board's rules are to insure that educators are morally fit and worthy to instruct or supervise the youth of the state and to enforce the educators' ethics code. 21.035 (West Supp.2010), but the TEA did not revoke Gomez's educator certificate. 21.031, .033, .040 (West 2006), .041(b)(1), (7), (8); see generally id. Whatconduct can lead to disciplinary action by SBEC? The original Code of Ethics was adopted in 1913 as a much leaner list of rules, while the current Code of Ethics consists of 17 articles. Without a showing that the Board actually used the expunged records, the Board's retention of the expunged records is immaterial .13 We overrule Gomez's third issue. Annual leave/holiday time. See OwensCorning Fiberglas Corp. v. Malone, 972 S.W.2d 35, 43 (Tex.1998). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. A person who is not found to have good moral character fits the Marrs definition of unworthy to instruct because the person is morally unfit. 270 S.W. To the extent his argument that the Board had no basis for imposing discipline against him could be construed as a substantial-evidence argument (in the narrower sense of the term), we presume that the Board's order is supported by substantial evidence, and Gomez bears the burden of proving otherwise. Gov't Code Ann. Servs., Inc., 584 S.W.2d 352, 356 (Tex.Civ.App.-Austin 1979, writ ref'd n.r.e.)). at 453. See Texas Health Facilities Comm'n v. Charter Med.-Dallas, Inc., 665 S . We construe administrative rules in the same manner as statutes, using traditional principles of statutory construction. He says that information was made available months ago and that he was not suspended from coaching until the social media posts came to light. 9. TATTNALL CO., Ga. (WSAV) Tattnall County High School (TCHS) is doubling down on the decision to question a teacher for a conversation on social media. , Reports: Classic Savannah book to be adapted into, Bill aims to improve experience for local fans, CDC: Infants death linked to contaminated breast, CAT scan: Pet goes through X-ray machine at Va. airport, Next steps for Alex Murdaugh after guilty verdict, A chance to meet reptiles at Skidaway Isl. Ethics and Risk Management Resources. Glossary of Terms for the Virtual Certificate (PDF, 48.3KB). Admin. Gilbert GOMEZ, Appellant v. TEXAS EDUCATION AGENCY, Educator Certification and Standards Division, and Robert Scott, Commissioner of Education, in his Official Capacity, Appellees. Anyone who believes a REALTOR has violated the Code of Ethics may file a complaint. A court abuses its discretion if it acts without reference to guiding rules and principles. P.D. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. We overrule Gomez's first issue.10. Local Grievance Process Proceso de reclamacion local Appeals to Commissioner of Ed (quoting Starr Cnty. As several of our sister courts have observed, the legislature's intent in enacting the expunction statute was not to eradicate all evidence of the conduct underlying the expunged arrest . Ex parte S.C., 305 S.W.3d 258, 266 (Tex.App.-Houston [14th Dist.] 5. $150 fine. for Educator Certification, Definitions) (defining unworthy to instruct as the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B); see also generally Tex. Domengeaux, Stanley I will keep confidential information that is privileged by law or that will needlessly harm the District if disclosed. 2001.175(c). at 5354. When considering whether to allow Sergeant Cavazos's testimony about Gomez's conduct in this case, the ALJ relied on the holding of the Fourth Court of Appeals in a similar case in which an appellant argued that expunction precluded the agency's findings about conduct that served as the basis for her employment termination. And at the contested-case hearing, as well as in his exceptions to the PFD and his motion for rehearing, which he filed in March 2008 and November 2008, Gomez made the same contention that he makes here about the Board's alleged violation of the expunction order. On August 7, 2003, Sergeant Joe Cavazos, an officer for the Texas Alcoholic Beverage Commission, was conducting an inspection at a bar in McAllen, Texas, known as Graham Central Station.2 Around midnight, a female patron approached Sergeant Cavazos to report that she had observed a male standing by the dance floor with his penis outside his pants. If there is some reasonable basis in the record for the Board's decision, we will uphold it even if the evidence preponderates against it. A professional code of ethics is designed to ensure employees are behaving in a manner that is socially acceptable and respectful of one another. Two leaders of a Houston-based political action committee have been fined a combined $45,000 by the Texas Ethics Commission, accused of violating the state . Copyright 2007-2022 Texas Education Agency (TEA). for Educator Certification, Disciplinary Action by State Bd. The petition also asserted essentially the same description of the incident to which Sergeant Cavazos testified at the hearing. 13. The Board responds that the expunction order only barred the use of records and files concerning Gomez's arrest, not eyewitness testimony about his conduct, and that it did not use prohibited materials to prepare or present its case to the ALJ. If you have not already done so, you should share your concerns with your local school board, and district administrators. Texas Education Agency 1701 N. Congress Avenue Austin, TX 78701-1494 Fax: (512) 475-3665 Code 249.15 (2011) (State Bd. In their place, the Board adopted two new conclusions of law. Sch. Section 2252.908. 62.001.408 (West 2006 & Supp.2010) (establishing sex offender registration program). 5608 (2007), adopted 32 Tex. After a hearing on the merits, the district court affirmed the Board's final decision and order. Gomez raised the issue of whether the Board erred by finding a basis to impose discipline against him, but the Board contends this is a different issue (although we note that the Board necessarily rejected the ALJ's recommendation by finding a basis to impose discipline). Standards: The standards outline expectations of conduct. . Gomez was never convicted of a crime and his arrest records were later expunged. Penal Code Ann. Thus, it is clear from the record that before filing the petition the Board's staff had talked to Sergeant Cavazos as part of its investigation of the incident. Code 249.3(19), (25), (45), .15. Gomez is correct that the district court could have considered evidence outside the record had he alleged that a procedural irregularity not reflected in the agency record occurred in the agency proceedings. When Sergeant Cavazos approached the dance floor, he saw a male about ten to fifteen feet from the dance floor holding his penis in his hand and staring at the dancers as he rubbed himself. Legislators, public employees, and other public servants may face severe consequences for violating the public trust. 2305 (1999) (Executive Summary for Reasoned Justification of New Chapter 249). 22.01(A)(1) AGAINST A DISTRICT EMPLOYEE/VOLUNTEER, ASSAULT UNDER PENAL CODE SECT 22.01(A)(1) OTHER THAN SCHOOL DISTRICT EMPLOYEE/VOLUNTEER, AGGRAVATED ASSAULT (PC SECT 22.02) AGAINST SCHOOL DISTRICT EMPLOYEE/VOLUNTEER, AGGRAVATED ASSAULT (PC SECT 22.02) AGAINST SOMEONE OTHER THAN DISTRICT EMPLOYEE, SEXUAL OR AGGRAVATED ASSAULT AGAINST A SCHOOL DISTRICT EMPLOYEE/VOLUNTEER, SEXUAL OR AGGRAVATED SEXUAL ASSAULT AGAINST SOMEONE O/T DISTRICT EMPLOYEE/VOLUNTEER, POSSESSED, PURCHASED, USED OR ACCEPTED A CIGARETTE OR TOBACCO PRODUCT, FALSE ALARM/FALSE REPORT - TEC SECTION 37.006(A)(1) AND 37.007(B), FELONY CONTROLLED SUBSTANCE VIOLATION - TEC SECTION 37.007(A)(3), FELONY ALCOHOL VIOLATION - TEC SECTION 37.007(A)(3), TRUANCY (FAILURE TO ATTEND SCHOOL)-PARENT CONTRIBUTING TO TRUANCY, TRUANCY (FAILURE TO ATTEND SCHOOL) STUDENT AGE 12-18 WITH 10 UNEXCUSED ABSENCES, TRUANCY (FAILURE TO ATTEND SCHOOL)-STUDENT FAILURE TO ENROLL IN SCHOOL, AGGRAVATED ROBBERY - TEC 37.007(a)(2)(F), TEC 37.006 (c)-(d), USED, EXHIBITED, OR POSSESSED A NON-ILLEGAL KNIFE PER STUDENT CODE CONDUCT, STUDENT REQUIRED REGISTER AS SEX OFFENDER / UNDER COURT SUPERVISION, STUDENT REQUIRED REGISTER AS SEX OFFENDER /NOT UNDER COURT SUPERVISION, CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD/CHILDREN ON SCHOOL PROPERTY OR ACTIVITY, BREACH OF COMPUTER SECURITY - TEC 37.007(a)(5), SERIOUS MISBEHAVIOR AS DEFINED BY TEC 37.007(C) WHILE EXPELLED TO/PLACED IN DAEP, Texas Academic Performance Reports (TAPR), Texas Education Agency (TEA)PEIMS Reporting Unit, Research and Analysis Division(512)475-3523oradhocrpt@tea.texas.gov. Gov't Code Ann. What information must be included in the letter? 2001.175(c) (West 2008). We presume that the legislature chooses a statute's language with care, purposefully choosing each word it includes, while purposefully omitting words not chosen. Beginning with the FY 2015-2016 report, the published information will be updated quarterly. Attorneys for TCHS say Huerta violated ethical standards by "creating the perception that Tattnall County High School supports the theory that teacher inadequacy can result in parental requests. See id. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution . Place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term; Issue an inscribed or non-inscribed reprimand; Suspend a certificate for a set term or issue a probated suspension for a set term; Revoke or cancel, which includes accepting the surrender of, a certificate without opportunity for reapplication for a set term or permanently; or. See Tex. How does an individual file an allegation of misconduct against an educator? When we consider the purpose of the overall statutory scheme for regulating educators, the history of rule 249.3, and the common law and former statutory provisions predating the rule, we conclude that the Board's interpretation of unworthy to instruct as encompassing indecent exposureeven without a criminal convictionis reasonable. What information must be included in the letter? Id. Violation ofthe security or integrity of a state assessment. Admin. Gomez's appeal centers on the Board's decision to (1) reject the ALJ's conclusion that his conduct provided no basis for the Board to discipline him and (2) instead conclude that Gomez's conduct at the nightclub established that he is unworthy to instruct and that his educator certificate should be revoked. Thus, if the evidence would support either affirmative or negative findings, we must uphold the Board's decision. Teacher Resigns after FERPA Violation. The remainder of his testimony was based only on his memory of the incident. Lisa Youngblood photographed with her daughter on Sunday, Feb. 19, 2023, in Frisco. Gov't Code Ann. Finally, the Board specifically noted the court's holding in Marrs that the Legislature's controlling purpose in authorizing a teacher's certificate to be sanctioned for unworthiness' was to exclude teachers who were found to be morally or mentally unfit. 24 Tex. Tex. In Bustamante, the court held that the appellant's termination was proper because the agency relied on eyewitness testimony about witnesses' personal observations of the appellant's conduct, not on expunged records or files. Educ.Code Ann. Gomez argues that if the legislature had intended to adopt the definition of unworthy to instruct contained in Marrs, there would have been no need to pass sections 21.058 and 21.060 of the education code. 223. as amended, the Board for Professional Teachers hereby adopt the Code of Ethics for Professional Teachers. 311.021(2) (West 2005) (presumption is that entire statute is intended to be effective). For the disciplinary action reasons and codes in 2016-17 and later years, please see: DISCIPLINARY ACTION REASON CODES. 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Gomez failed to satisfy at least one of the conditions required for remand because he did not explain in his motion how the additional evidence (the November 2009 order) is material. The American Counseling Association is the largest organization of counselors in the country, representing 45,000 members. 2001.175(e). Disciplinary Action Reasons and Codes | Texas Education Agency Home Reports & Data Student Data Discipline Data Disciplinary Action Reasons and Codes For the disciplinary action reasons and codes in 2016-17 and later years, please see: DISCIPLINARY ACTION REASON CODES 2001.174(1). In the original letter to Huerta from school administrators, he is accused of engaging in both politically and racially charged banter with a current student and parent.. Gov't Code Ann. Code 249.3(25) (2007). We may consider other factors in ascertaining legislative or administrative intent, including the law's objective, its history, and the common law or former statutory provisions concerning the same or similar subjects. See Ex parte S.C., 305 S.W.3d 258, 266 (Tex.App.-Houston [14th Dist.] The expunction order was issued in June 2007, expunging any and all records concerning the arrest on August 7, 2003. The order provided that a number of agencies, including the Board, were to return all records and files concerning the arrest to the court, or if removal is impracticable, to obliterate all references to [Gomez] and notify the court of [their] action[s]. The Board's petition mentioned Sergeant Cavazos by name, but did not mention that Gomez had been arrested. SBEC may take disciplinary action against an educator on other grounds or measures available by law. U.S. Rep. Tony Gonzales faces censure vote by Republican Party of Texas Click to email a link to a friend (Opens in new window) This story has been updated. Growth - Educators need to pursue professional growth. Code 249.15 (2011) (State Bd. Retirement System Ethics Policy. 2. Sergeant Cavazos testified that although he could recall the date of the incident and Gomez's name only after reviewing the Board's petition, the petition was the only document he used to refresh his memory. 21.058 (West 2006) (requiring Board to revoke educator certificate held by person convicted of certain criminal offenses), .060 (West Supp.2010) (allowing Board to revoke educator certificate if person has been convicted of certain felony or misdemeanor offenses related to duties and responsibilities of education profession). TGSNOPEC, 340 S.W.3d at 43839. 7. Contrary to Gomez's contention, the APA specifically authorizes the Board to: change a finding of fact or conclusion of law made by the [ALJ], or [to] vacate or modify an order issued by the [ALJ], only if the agency determines that the [ALJ] did not properly apply or interpret applicable law, agency rules, or prior administrative decisions The agency shall state in writing the specific reason and legal basis for a change made under this subsection. As a teacher in the state of Florida, candidates are bound by the Educator's Code of Ethics and Standards. Nothing in subchapter B limits the Board's authority to revoke a certificate or find that a person is unworthy to instruct to only a situation in which the person has been convicted of the offenses listed in sections 21.058 and 21.060. Throughout this opinion, we refer to section 249.3 as amended effective December 16, 2007 to conform with the ALJ's references in the PFD. Gomez asserts in his third issue that the district court erred by denying his motion for leave to present additional evidence to the Board. We will cite to the prior rule when a substantive amendment has occurred. At the contested-case hearing, Gomez offered no evidence that he did not engage in the alleged conduct other than his own testimony, which was controverted by Sergeant Cavazos's testimony. Quality, 346 S.W.3d 781, 81920 (Tex.App.-Austin 2011, pet. Elizabeth Conley/Staff photographer. Motion for leave to present additional evidence to the Board. 2308 (1999) (quoting Marrs, 270 S.W. Read the Code of Ethics You can also download this quick PDF summary of the Code: See Texas Dep't of Pub. The Board adopted this finding and these conclusions in its final decision and order. The Legislature has charged the Board with regulating the certification process and standards of conduct for educators and has given it broad discretion to adopt rules for disciplining educators. Code of Ethics for Professional Teachers. 311 .023(1), (3), (4) (West 2005); see also Shumake, 199 S.W.3d at 284. The ACA Code of Ethics is a comprehensive overview of values for counselors in general, and is the code of ethics adhered to by the Texas Counseling Association. The letter must identify the certified educator against whom the complaint is being filed, provide specific information about the nature and substance of the alleged misconduct, state the names and addresses of any witnesses, as well as the name and address of the individual filing the complaint. Section 825.212. The students mother then involves herself in the conversation, at which point Huerta says she has a right to choose which teachers instruct their children. When it adopted chapter 249 of the administrative code in 1999, the Board provided a detailed explanation for the definition of unworthy to instruct. See 24 Tex. See Tex. SBEC may take the following action against an educator's certificate: 4. Attorneys for TCHS say Huerta violated ethical standards by creating the perception that Tattnall County High School supports the theory that teacher inadequacy can result in parental requests for a teacher of their liking., Huertas attorney argues, we do not know of any language in any handbook that reflects this exact reason. When there is vagueness, ambiguity, or room for policy determinations in a statute or regulation, we generally defer to the agency's interpretation unless it is plainly erroneous or inconsistent with the language of the statute, regulation, or rule. TGSNOPEC Geophysical Co. v. Combs, 340 S.W.3d 432, 438 (Tex.2011). The ALJ found that Gomez's conduct did not involve: a student or minor; school activities or property; controlled substances; professional advancement; or other educators, nor did it result in a criminal conviction or adjudication of guilt under criminal law. She also concluded that the Board failed to show that Respondent's conduct violated a state regulation or written local school board policy and that neither the Board nor SOAH had jurisdiction to decide whether Gomez's conduct violated the only pertinent state or federal law, penal code section 42.01(10). It also provides the groundwork for a preemptive warning if employees break the code. A Campbell High School teacher is facing backlash after sending out an email that violated the Department of Education's code of conduct. See Bustamante, 27 S .W.3d at 5354. As defined by title 19, section 249.3(45) of the administrative code, unworthy to instruct or to supervise the youth of this state means the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B Gomez urges that the ALJ's interpretation of the education code and the definition of unworthy to instructwhich would require that an educator be convicted of one of the crimes listed in two code provisions before his certificate could be revokedis correct, and thus, the Board acted in excess of its statutory authority, in an arbitrary or capricious manner, and abused its discretion because it rejected the ALJ's conclusion. He argued during the proceeding before the Board that the Board would not have had Sergeant Cavazos's name and other details about the incident if it had returned or destroyed all arrest records, so it is unclear why he waited until 2009 to seek an order from the Hidalgo County District Court that the Board violated the expunction order. Otherwise, we may affirm the administrative decision if we are satisfied that substantial evidence exists to support it. 7836. otherwise known as the Philippines Professionalization Act of 1994 and Paragraph (a), section 6. The ALJ's admission of Sergeant Cavazos's testimony is a matter fully documented within the agency record; thus, the district court properly did not consider evidence outside the record when reviewing the Board's decision. In Marrs, the court considered whether the term unworthy to instruct was too vague to define a disqualification to hold a teacher's certificate and determined that it was not. Gomez first argues that the Board acted in excess of its statutory authority, in an arbitrary or capricious manner, and abused its discretion by rejecting the ALJ's recommendation and revoking his educator certificate, despite having no basis to impose discipline against him. When there has been no substantive change to the rule or its relevant portions, as with this rule, we will refer to the current rules for convenience. Disclosure of Interested Parties. Gov't Code Ann. Cavazos saw [Gomez] rubbing on his exposed penis with his hand. Finding of fact number 7 states that [o]n August 3, 2003, [Gomez] exposed his penis in public with reckless disregard as to whether others could see it and for purposes of sexual gratification..

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