See Tex.Code Crim. 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City of Amarillo v. Railroad Comm'n of Tex., 894 S.W.2d 491, 495 (Tex.App.-Austin 1995, writ denied). . Texas Administrative Code: TITLE 19: EDUCATION: PART 7: STATE BOARD FOR EDUCATOR CERTIFICATION: CHAPTER 247: EDUCATORS' CODE OF ETHICS: Rules 247.1: Purpose and Scope; Definitions 247.2: Code of Ethics and Standard Practices for Texas Educators . Quality, 346 S.W.3d 781, 818 n. 20 (Tex.App.-Austin 2011, pet. Collier, Ronnell. 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. This material may not be published, broadcast, rewritten, or redistributed. 22.01(A)(1) AGAINST A DISTRICT EMPLOYEE/VOLUNTEER, ASSAULT UNDER PENAL CODE SECT 22.01(A)(1) OTHER THAN SCHOOL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. We will assume without deciding that Gomez preserved error on the issue because we have concluded that the Board did not err by rejecting the ALJ's recommendation and finding a basis to impose discipline against Gomez. 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. 5. See 32 Tex. Section 249.14 provides that the TEA staff, which provides administrative support to the Board, may set priorities for the investigation of complaints based on the severity and immediacy of the allegations and the likelihood of harm. 21.003(a) (West Supp.2010). This includes teachers, librarians, counselors, educational diagnosticians, administrators, and paraprofessionals. We overrule Gomez's first issue.10. Gilbert GOMEZ, Appellant v. TEXAS EDUCATION AGENCY, Educator Certification and Standards Division, and Robert Scott, Commissioner of Education, in his Official Capacity, Appellees. A business code of ethics, usually based on the core values of the business, outlines the company mission statement, how professionals should approach dilemmas and the standards to which they hold their employees. Since Gomez's contested-case hearing occurred, the Board has amended this rule and some other rules to which we will refer. This appeal followed. A court abuses its discretion if it acts without reference to guiding rules and principles. See generally Tex. 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.. The Board filed its petition in October 2006. filed). Attorney Reagan G. Sauls says a rule states no teacher has a right to keep their coaching responsibilities. 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.] Sauls says Huerta had the option to remedy the situation through a process laid out in the Tattnall County Board of Education policy. The court stated that unworthy in this context means the absence of those moral and mental qualities which are required to enable one to render the service essential to the accomplishment of the object which the law has in view and imputes moral delinquency to a degree of unfitness for the work at hand. Id. We conclude that substantial evidence supports the Board's decision to revoke Gomez's certificate. The remainder of his testimony was based only on his memory of the incident. Gov't Code Ann. Tex. But many are members of the National Association of Realtors (NAR), which has an ethics code. Co., 997 S.W.2d 248, 254 (Tex.1999) (addressing rule construction). 9. Reg. Sergeant Cavazos identified the male as Gomez because Gomez provided his Texas driver's license to Sergeant Cavazos. 21.031 (West 2006), .041 (West Supp.2010). See Tex.Code Crim. 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. Charter Med., 665 S.W.2d at 452. See Texas Dep't of Pub. 2001.175(c). Teacher Resigns after FERPA Violation. To learn more about ChatGPT and how we can inspire students, we sat down with BestReviews book expert, Ciera Pasturel. Animal Services, Biden had cancerous lesion removed, no further treatment, EXCLUSIVE: Wilson and Waters on Murdaugh guilty verdict, Savannah marsh hens draw celebrity attention, Paul Murdaughs girlfriend offers testimony, Full schedule: 2023 Savannah St. Patricks Day events, Do Not Sell or Share My Personal Information. Id. The Board noted in its final order that the unworthy to instruct phrase has been part of educator-certification law since 1925. Tex. 13. for Educator Certification, Disciplinary Action by State Bd. See id. Before the hearing, Gomez filed a motion for no-evidence summary disposition, arguing that because his arrest record had been expunged, the Board could not produce any evidence in support of its claim because the expunction order and the code of criminal procedure prohibited the Board from using any records or files concerning Gomez's arrest. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Section 2001.175(c) authorizes a reviewing court to remand a case to allow additional evidence to be presented to the agency, but only if the court is satisfied that (1) the evidence is material and (2) there were good reasons for the failure to present it in the proceeding before the agency. All rights reserved. Id. Dist., 344 S.W.3d 440, 444 (Tex.App.-Austin 2011, no pet.) . Also, the PAGE Legal Department attorneys visit schools to give presentations about the Code of Ethics Code 249.39 (2011) (State Bd. P.D. Admin. In March, a first-year science teacher at Danbury High School was accused of inappropriate sexual contact with a 17-year-old male student. 2. These data were coded using ethical behavior . of a violation of the Code can preclude another contract or relationship with TRS as provided in Educator's Code of Ethics The Texas Administrative Code Title 19, Part 7, Chapter 247, Rule 247.2 defines the Code of Ethics and Standard Practices for all educators in the state of Texas: (a) Statement of Purpose. Gomez has failed to allege this type of procedural irregularity here, however, contending instead that a procedural irregularity occurred when the ALJ admitted evidence that had been ordered expungedpresumably referring to Sergeant Cavazos's testimony. In three issues, Gomez contends that the district court erred by affirming the Board's final order. See Tex. Admin. The phrase unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B is ambiguous and leaves room for policy determinations by the Board about the interplay between the unworthy to instruct definition and chapter 21, subchapter B of the education code. (Smiley N. Pool / Staff Photographer) The 13-year-old girl was in gym class when she said she heard a boy tell . 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. Violation ofthe security or integrity of a state assessment. 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. May 29, 2019 at 8:37 pm EDT + Caption GWINNETT COUNTY Nine Gwinnett County educators, including a principal, are no longer employed by GCPS following an investigation into allegations that a. 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. Admin. 2001.174(2)(F); see City of Waco v. Texas Comm'n on Envtl.