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In the order, the Board explained that it interprets the phrase the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B as merely referring to the certification that the person is unworthy to hold, not as requiring a finding that the person violated chapter 21, subchapter B. The Georgia Professional Standards Commission ruled this week that Hall violated the Code of Ethics for Educators and should be punished. 7. 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. Reg. Also, the PAGE Legal Department attorneys visit schools to give presentations about the Code of Ethics The Board responded that Sergeant Cavazos was an eyewitness and that his testimony about the incident was not prohibited, only the use of any arrest records. A police department's "code of ethics" usually exists separately from the formalized set of rules and regulations studied in the academy. Code Ann. Alexandria Ocasio-Cortez Likely Violated Ethics Laws With Met Gala Appearance, . Educ.Code Ann. The Board's rules regarding investigations provide further support for the Board's interpreting unworthy to instruct as encompassing acts of moral turpitude even without an accompanying criminal conviction. Gomez styled his suit for judicial review and this appeal as Gilbert Gomez v. Texas Education Agency and Robert Scott, Commissioner of Education, in his Official Capacity, but the Texas Education Agency (TEA) asserts that Mr. Scott is not a proper party because the Board, not the TEA, rendered the final order in this case. 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. 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. The ALJ allowed Sergeant Cavazos to testify on the record, but did not admit his testimony into the record until after the hearing's conclusion. arts. SBEC may take the following action against an educator's certificate: 4. Gratuity; Solicitation. The ALJ, as factfinder, determines the credibility of witnesses and the weight of their testimony. Gov't Code Ann. 5.18 Level 2 Public Notification of Ethics Violation is a public notification that a nonlicensed educator has violated the Code of Ethics in a manner equivalent to a violation that warrants the probation of a license. 223. as amended, the Board for Professional Teachers hereby adopt the Code of Ethics for Professional Teachers. See 32 Tex. In the post, he advocates for their removal and calls them racist. Enforceable Standards. The ALJ further found, however, that the teachers violated Standard 10 of the Code of Ethics for Educators at the October party. A Campbell High School teacher is facing backlash after sending out an email that violated the Department of Education's code of conduct. To focus on the skills and knowledge necessary to foster a learner centered classroom To help parents understand the role of the teacher in their child's education To prepare teachers for the new demands of standardized tests Yes. For the disciplinary action reasons and codes in 2015-16 and earlier years, please see the list below. Huertas attorney, on the other hand, said the following about his opportunity to remedy the situation: Coach Huerta has not failed to use any dispute resolution procedures under the Tattnall County BOE Policy. Admin. 2001.175(c) (West 2008). By providing the Board with a nonexclusive list of offenses for which it has discretionary authority to revoke a certificate after an educator's conviction and mandating it to revoke a certificate without a disciplinary proceeding after certain other convictions, the legislature merely simplified the disciplinary process in certain cases. Reporting MS educators . 2009, no pet.) That standard provided that an educator should demonstrate conduct that follows generally recognized professional standards. Gov't Code Ann. Kandice Mason, a 6th grade teacher in Hoke County public schools who moonlights as a pole-dancing fitness instructor, was suspended on Aug. 16 due to violations of the county's social media. 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. 55.03 (West 2006). In its final decision and order, the Board adopted the ALJ's findings of fact in their entirety and adopted all but two of the ALJ's conclusions of law (numbers 10 and 15). Additionally, the Board may investigate and take disciplinary action against applicants for certification, examinees taking certification exams, anyone in an educator preparation program and persons erroneously issued a certificate. Code of Ethics violations; Failure to report or hindering the reporting of child abuse or the known criminal history of an educator as required by law and Board rules; Contract abandonment; . Reg. Since Gomez's contested-case hearing occurred, the Board has amended this rule and some other rules to which we will refer. The Board noted in its final order that the unworthy to instruct phrase has been part of educator-certification law since 1925. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Standard 1.2. 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. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution . We must uphold the ALJ's evidentiary ruling if there is any legitimate basis in the record to support it. He claims Huerta did not attempt to do so. A written statement from Harben, Hartley & Hawkins, LLC the law firm representing the school identifies the post and conversation in question. Does SBEC accept and consider anonymous complaints? Code 249.3(19), (25), (45), .15. 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. 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. An individual's code of ethics can include their beliefs, values and background. Under the Board's interpretation, engaging in conduct that rises to the level of indecent exposure is conduct that renders a person unworthy to instruct.8 The ALJ made findings of fact that Sergeant Cavazos saw Gomez rubbing his exposed penis with his hand near the dance floor and that Gomez engaged in this public conduct with reckless disregard for whether others could see it and for purposes of sexual gratification. Quality, 346 S.W.3d 781, 81920 (Tex.App.-Austin 2011, pet. Retirement System Ethics Policy. It also provides the groundwork for a preemptive warning if employees break the code. Ethics and Risk Management Resources. Therefore, the question before us is not whether the ALJ's interpretation of the definition and the statute is reasonable; it is whether the Board's interpretation is reasonable and does not contradict the plain language of either the rule or the statute. 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The purpose of a Level 2 Public Notification is to publicly admonish the nonlicensed educa tor and place Examples of the internal practices a code of conduct could contain include: Dress code. What conduct can lead to disciplinary action by SBEC? Sergeant Cavazos testified to his recollection of the incident as described above, but upon cross-examination, he admitted that he had been able to recall the date of the incident and Gomez's name only after refreshing his memory by reviewing the Board's petition. 7. The ALJ made a specific finding of fact in the PFD that Cavazos did not use any document other than those filed in this docket to refresh his memory as to the date of the incident and [Gomez's] name when preparing to testify at the hearing. This material may not be published, broadcast, rewritten, or redistributed. That topic requires more explanation to convey the expectation to an employee. All Rights Reserved. (a) In compliance with the Texas Education Code, 21.041(b)(8), the State Board for Educator Certification (SBEC) adopts an Educators' Code of Ethics as set forth in 247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators). Project 700.1 SCENARIO 1: 1. 7836. otherwise known as the Philippines Professionalization Act of 1994 and Paragraph (a), section 6. Read the Code of Ethics You can also download this quick PDF summary of the Code: Co., 13 S.W.3d 841, 844 (Tex.App.-Austin 2000, no pet.). Tex. We review the district court's decision about a remand request for an abuse of discretion. Thus, there was satisfactory evidence for the Board to conclude that Gomez is unworthy to instruct the youth of Texas under its interpretation of that term.9 See id . Learn more about FindLaws newsletters, including our terms of use and privacy policy. 2001.058(e); see also 19 Tex. 10. TGSNOPEC, 340 S.W.3d at 43839. This appeal followed. A professional code of ethics is designed to ensure employees are behaving in a manner that is socially acceptable and respectful of one another. 2305 (1999) (Executive Summary for Reasoned Justification of New Chapter 249). 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. Copyright 2007-2022 Texas Education Agency (TEA). The Board complied with section 2001.058(e) by explaining in its final order the reasons and legal basis for its rejection of the ALJ's conclusions. See Dodd v. Meno, 870 S.W.2d 4, 7 (Tex.1994); see also Poole v. Karnack Indep. Code 249.3(19), (25) (2007), amended 34 Tex. schedule Sep 27, 2010. queue Save This. Gov't Code Ann. 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). Nothing in the November 2009 order indicates that the Hidalgo County District Court found that Sergeant Cavazos's testimony at Gomez's contested-case hearing violated its 2007 expunction order. Gov't Code Ann. Legislators, public employees, and other public servants may face severe consequences for violating the public trust. If the teacher removed the student from class because the student has engaged in the elements of any offense listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or (b)(2)(C) against the teacher, the student may not be returned to the teacher's class without the teacher's consent. Having overruled all of Gomez's issues on appeal, we affirm the district court's judgment. Gomez sought to present evidence to the Board of a November 2009 order, which was entered by the same Hidalgo County District Court that had entered the 2007 expunction order. See generally Tex. In the November 2009 order, the Hidalgo County District Court determined that the Texas Education Agency (TEA) had not complied with the 2007 expunction order and ordered TEA to return all records and files concerning the arrest of [Gomez] to the Court. The order reflects that TEA turned over its records at the November 2009 Hidalgo County District Court hearing. But the Board had begun conducting its own investigation well before the expunction order was issued in 2007. 21.058(b). A formal complaint to TEA must allege non-compliance with either federal or state laws or rules that are under the jurisdiction of TEA. 249.3(19) (2007) (emphases added). 1. We will affirm the district court's judgment because we find no error in the Board's final order. 2001.175(c) (West 2008) (providing procedure for application to reviewing court to present additional evidence to state agency). Violation ofthe security or integrity of a state assessment. 21.001-.707. It filed its petition, which contained Sergeant Cavazos's name, in October 2006. The SBEC may amend the ethics code in the same manner as any other formal rule. See Tex. Sheriff's Civil Serv. The second, and gravest, was the adjustment of the scores of Stefanie to ensure that she was accepted in the program, which in itself is a violation of the principles in the . 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. Proc. While some Standard 4 violations could lead to sexual acts or harassment -- as defined by the Mississippi Educator Code of Ethics and Standards of Conduct-- not all do. (f) The State Board for Educator Certification shall determine whether to impose sanctions, including an administrative penalty under Subsection (i), against a principal who fails to provide notification to a superintendent or director in violation of Subsection (b-2) or against a superintendent or director who fails to file a report in violation (quoting Starr Cnty. We see cases on the news, and it is presented at faculty meetings. 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. 249.15(b)(2). The Tenets and Guidelines were most recently amended in June 2020. and recommended the 47-year-old Bailey-Cutkomp be fired for violating the state's ethics codes. 21.060 (West Supp.2010). The range of penalties includes censure, removal from office, permanent disqualification from holding any state position, restitution, decades in prison, and fines up into the hundreds of thousands of dollars. TEA staff provides administrative functions and services to the Board, see Tex. How does an individual file an allegation of misconduct against an educator? In the order overruling Gomez's motion to exclude evidence that was issued after the hearing, the ALJ noted that Sergeant Cavazos testified that he had not refreshed his memory from the arrest record or any other record subject to the expunction order. In his second issue, Gomez contends that Sergeant Cavazos's testimony should have been excluded because its admission violated the expunction order. 4. TEA has authority to investigate violations of IDEA by TEA as well as customer service complaints. In addition, the Board adopted the definition of unworthy to instruct before the adoption of education code sections 21.058 and 21.060, which were enacted and became effective in 2003 and 2007, respectively. Gov't 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. The Board adopted this finding and these conclusions in its final decision and order. 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.] Sometime later, the charges were dismissed. Certificate of High School Equivalency (TxCHSE), Bilingual Education Exception and ESL Waiver, Armed Services Vocational Aptitude Battery (ASVAB), Counseling, Advising, and Student Supports, STEM (Science, Technology, Engineering, and Mathematics), Texas College and Career Readiness School Models, TEKS Texas Essential Knowledge and Skills, Texas Essential Knowledge and Skills - Review and Revision, Graduation Reports - PEIMS Standard Reports, Highly Mobile and At Risk Student Programs, Financial Integrity Rating System of Texas, Annual Financial and Compliance Reports (AFRs), Middle School, High School, and College Preparation Initiatives, Reading, Math, Science, and Technology Initiatives, Comprehensive Report on Texas Public Schools, Results Driven Accountability (RDA) Reports and Data, Assessments for Emergent Bilingual Students, Assessments for Students with Disabilities, State of Texas Assessments of Academic Readiness (STAAR), Texas English Language Proficiency Assessment System (TELPAS), Texas Formative Assessment Resource (TFAR), Certificate and Transcript Search Information, Steps to Earn a Certificate of High School Equivalency, Results Driven Accountability (RDA) Overview, Texas Principal Evaluation and Support System, Texas Teacher Evaluation and Support System, Disciplinary Actions taken against Texas Educators, Preliminary Criminal History Evaluation FAQ, Blended Learning Professional Development Opportunity, January 1993 to December 2002 (PDF, 374KB), January 2003 to December 2007 (PDF, 470KB), January 2008 to December 2012 (amended) (PDF, 364KB), January 2013 to August 2015 (amended) (PDF, 270KB).