Id. Dist., 344 S.W.3d 440, 444 (Tex.App.-Austin 2011, no pet.) Admin. We overrule Gomez's second issue. 2001 .058(e)(1) (West 2008) (providing that agency may change ALJ's finding of fact or conclusion of law or may vacate or modify order issued by ALJ if agency determines that ALJ did not properly apply or interpret applicable law, agency rules, or prior administrative decisions). Having overruled all of Gomez's issues on appeal, we affirm the district court's judgment. Admin. The Educators' Code of Ethics is set forth in Texas Administrative Code to provide rules for standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community. The ALJ found that Gomez engaged in the alleged conduct and exposed his penis in public with reckless disregard as to whether others could see it and for purposes of sexual gratification. The ALJ concluded that Gomez's conduct was an act of moral turpitude, as defined by the Board's rules, and that an act of moral turpitude can preclude a finding of good moral character, as defined by the Board's rules. , 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. of Med. It was initially drafted for quote . No. See Marrs, 270 S.W. Huerta calls most of the reasoning irrelevant. Beginning with the FY 2015-2016 report, the published information will be updated quarterly. 586, 588 (Tex.Civ.App.-Texarkana 1925, writ ref'd) (holding legislature's intent in providing authority to revoke certificate of educator found unworthy to instruct was to exclude educators found morally unfit). 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. P.D. In his second issue, Gomez challenges the admission of Sergeant Cavazos's testimony at the December 2007 contested-case hearing because he contends that its admission violated the June 2007 order expunging records concerning his August 2003 arrest. In his second issue, Gomez contends that Sergeant Cavazos's testimony should have been excluded because its admission violated the expunction order. for Educator Certification, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition). The educator shall not knowingly misappropriate, divert or use monies, personnel, property or equipment committed to his or her charge for personal gain or advantage. He was never afforded the right or given the opportunity to pursue them prior to his suspension. City of Amarillo v. Railroad Comm'n of Tex., 894 S.W.2d 491, 495 (Tex.App.-Austin 1995, writ denied). 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. 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. To offer a code of conduct for teachers and administrators alike Correct! This includes teachers, librarians, counselors, educational diagnosticians, administrators, and paraprofessionals. 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. for Educator Certification).3 The case went to an administrative law judge (ALJ) for a contested-case hearing. at 588). Id. All actions and responses are a function of a personal code of ethics, which is the foundation for differences in teachers' styles of dealing with students and school-related situations. Subchapter B of chapter 21 concerns the certification of educators and establishes the Board's structure, powers, and duties, including its mandate to propose rules providing for the regulation of educators and the general administration of this subchapter, for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Chapter 2001, Government Code, and for the adoption, amendment, and enforcement of an educator's code of ethics. Id. Gov't Code Ann. Communicating with courts, districts, and educators, when violations of the MS Educator Code of Ethics and Standards of Conduct and/or Miss. In its justification for the definition of unworthy to instruct, the Board explained that it derived the term from the former education code section related to the suspension and cancellation of a teacher's certificate. In other words, we must remand for arbitrariness if we conclude that the agency has not genuinely engaged in reasoned decision-making. Id. CONDUCT PUNISHABLE AS A FELONY 37.006(A)(2)(A), POSSESSED, SOLD, USED OR WAS UNDER THE INFLUENCE OF MARIHUANA OR OTHER CONTROLLED SUBSTANCE, POSSESSED, SOLD, USED OR WAS UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, TITLE 5 FELONY - OFF CAMPUS AND NOT AT SCHOOL SPONSORED ACTIVITY, NON TITLE 5 FELONY CONDUCT-NOT ON CAMPUS OR AT SCHOOL SPONSORED ACTIVITY, BROUGHT FIREARM TO SCHOOL - TEC37.007(e) OR UNLAWFUL CARRY OF A HANDGUN, UNLAWFUL CARRY OF AN ILLEGAL KNIFE UNDER PENAL CODE 46.02-TEC 37.007(a)(1), UNLAWFUL CARRYING OF A CLUB UNDER PENAL CODE 46.02 - TEC 37.007(a)(1), CONDUCT CONTAINING THE ELEMENTS OF AN OFFENSE RELATING TO PROHIBITED WEAPONS, MURDER, CAPITAL MURDER, CRIMINAL ATTEMPT TO COMMIT MURDER OR CAPITAL MURDER, VIOLATION OF STUDENT CODE OF CONDUCT NOT INCL UNDER SECT 37.002(B),006-007, TERRORISTIC THREAT - TEC SECTION 37.006(A)(1) OR 37.007(B), ASSAULT UNDER PENAL CODE SECT. 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 . 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. Gratuity. Answer (1 of 22): What happens without ethics? We also reiterate that the Tattnall County Board of Education has no official policy on social media posts., Huerta originally claimed the school suspended him from coaching sports for one year over the dispute. 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. 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. Gomez has not pointed out any testimony which he asserts that Sergeant Cavazos derived from any expunged record. 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. See Tex.Code Crim. 62.001.408 (West 2006 & Supp.2010) (establishing sex offender registration program). We will affirm the district court's judgment because we find no error in the Board's final order. 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. Does SBEC only investigate and discipline teachers? Thus, if the evidence would support either affirmative or negative findings, we must uphold the Board's decision. Code 249.5 (2011) (State Bd. But as we determined above, the Board could properly present Sergeant Cavazos's testimony because it was based on his personal knowledge of the incident. These data were coded using ethical behavior . Proc. The first behavior that violated the Code of Ethics for Educators would be when M. Miles allowed her personal involvement with the student to sway her in helping the girl enter the program. Limiting the Board's authority in this manner would render superfluous the provision mandating that the Board propose rules for revoking an educator certificate.7 See Tex. Standard 1.6: The educator shall not falsify records, or direct or coerce others to do so. See id. 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. Growth - Educators need to pursue professional growth. 3. Running afoul of your department's ethical code can have as much potential impact upon an officer's career as a violation of a departmental regulation. An individual's code of ethics can include their beliefs, values and background. 9112 (2007) (to be codified at 19 Tex. 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. Pursuant to the provisions of paragraph (e). Id. Gilbert Gomez appeals the district court's judgment affirming the final order of the State Board for Educator Certification (the Board), which revoked his Texas Educator Certificate.1 The Board ordered the certificate revocation after determining that Gomez was unworthy to instruct or supervise the youth of the state under its rules. 24 Tex. Quality, 346 S.W.3d 781, 81920 (Tex.App.-Austin 2011, pet. 2001.174 (West 2008). What disciplinary action can SBEC take? Educ.Code Ann. See Bustamante, 27 S .W.3d at 5354. That subcommittee investigates alleged violations of the code of ethics for teachers and administrators and, based on the investigation results, makes recommendations to the Education. The Board did not present any new evidence in the district-court proceeding for review of its final order. PREAMBLE Collier, Ronnell. 21.001.707 (West 2006 & Supp.2010). The establishment of this professional code of ethics by educators for educators honors the public trust and upholds the dignity of the profession." - MCEE Framing Document This material may not be published, broadcast, rewritten, or redistributed. The four teachers who worked for JPS -- Nathaniel Brown, Genetra Robinson, Valerie Mignott and Curtis Wells -- had all been accused of violating the same standard. TEXAS ADMINISTRATIVE CODE - TITLE 19 EDUCATION PART 7 STATE BOARD FOR EDUCATOR CERTIFICATION CHAPTER 247 EDUCATORS' CODE OF ETHICS: RULE 247.2 Code of Ethics and Standard Practices for Texas Educators Source Note: The provisions of this 247.1 adopted to be effective March 1, 1998, 23 TexReg 1022; amended to be effective December 26, 2010, 35 TexReg 11242 (State Board for Educator . We must uphold the ALJ's evidentiary ruling if there is any legitimate basis in the record to support it. 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). Ethics and Risk Management Resources. 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. A review of the education code's relevant parts and the history of the rule's definition of unworthy to instruct shows that the Board's interpretation is reasonable. Finding of fact number 6 states that [w]hen he approached the dance floor, Sgt. Id. 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. To efficiently administer and implement the SBECs purpose, the TEA staff sets priorities for the investigation of complaints based on the severity and immediacy of the allegations and the likelihood of harm posed by the subject of the investigation. 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. Teacher Resigns after FERPA Violation. 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. A. 2009, no pet.) 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. The State Board for Educator Certification (SBEC) has been responsible for disciplining educators for misconduct since March 31, 1999. 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, Educators' Code of Ethics(outside source).