SBEC may take the following action against an educator's certificate: 4. In three issues, Gomez contends that the district court erred by affirming the Board's final order. 13. 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). The Board did not present any new evidence in the district-court proceeding for review of its final order. A code of ethics document may outline the mission and values . 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). 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. Disciplinary Actions Taken against Texas Educators The State Board for Educator Certification (SBEC) may take the following disciplinary actions against an educator's certification: 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; for Educator Certification, Purpose). Contact us. 12. Reg. Title 2, subtitle D, chapter 21 of the education code regulates educators in the public education system. Not all complaints will be investigated by Educator Investigations staff. This appeal followed. filed). Tex. Copyright 2007-2022 Texas Education Agency (TEA). Gov't Code Ann. 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 . Gov't Code Ann. Code 249.5 (2011) (State Bd. 21.031, .033, .040 (West 2006), .041(b)(1), (7), (8); see generally id. Code 249.15 (2011) (State Bd. The Board adopted this finding and these conclusions in its final decision and order. Co., 997 S.W.2d 248, 254 (Tex.1999) (addressing rule construction). He also contends that the district court could properly consider evidence outside of the administrative record of the procedural irregularities that he alleges occurred when the ALJ admitted evidence that had been ordered expunged. Huerta calls most of the reasoning irrelevant. The district court did not issue an order denying the motion, which Gomez filed on November 30, 2009, six days after the court conducted the hearing on his petition for judicial review. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. Compare Tex. Require a person towithdrawfrom an educator preparation program; Place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term; Issue a non-inscribed reprimand, which is a formal, unpublished censure that does not appear on the face of the educator's official certification records; Issue an inscribed reprimand, which is a formal, published censure that appears on the face of the educator's official certification records; Revoke or cancel, which includes accepting the surrender of a certificate without opportunity for reapplication for a set term or permanently. Copyright 2023 Nexstar Media Inc. All rights reserved. A well-defined code of ethics will help you negotiate difficult times during the life of your career. All Rights Reserved. . When Sergeant Cavazos approached him to take him outside, the male said wait, wait and tried to zip his pants up. He claims Huerta did not attempt to do so. 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. Gov't Code Ann. Beginning with the FY 2015-2016 report, the published information will be updated quarterly. 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. Gov't Code Ann. 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. TGSNOPEC, 340 S.W.3d at 43839. Indecent exposure has been included in the Priority 1 category of conduct that indicates a risk to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague since section 249.14's adoption in 1999. This includes teachers, librarians, counselors, educational diagnosticians, administrators, and paraprofessionals. 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. See 19 Tex. 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 . 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. Glossary of Terms for the Virtual Certificate (PDF, 48.3KB). 2001.174 (West 2008). Gomez held an active Texas Educator Certification at the time of the incident and was employed by Donna Independent School District during the 20032004 school year. 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. Penal Code Ann. 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. 2001.058(e); see also 19 Tex. Admin. Gomez did not explain in his motion what caused him to wait until November 2009 to seek an order from the Hidalgo County District Court that the Board had violated the expunction order. 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. 21.058(a) (West 2006); see also Tex. 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. TCHS says it started with a post by history teacher Jordan Huerta, which called into question the history of Confederate symbols on Georgias state flag. The purpose of this study was to examine teacher licensure sanctions across multiple states in order to gain a clearer picture of ethics code violations in the modern teaching profession. Standard 3.5: The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. Get the Android Weather app from Google Play, Midnight in the Garden of Good and Evil will be, New Georgia bill aims to improve experience for Savannah, Infants death linked to contaminated breast pump,, Local student honors late teacher through art, Storm Team 3 Storm Tracker with Your Local Ford Dealers, Skidaway Island State Park gives guests a chance, Liberty County Animal Services participates in Read, BLK Hiking Club planning to come to Savannah, Garden City family still recovering after Valentines, St. Patricks Day shuttle service: From Tanger Outlets, GHSBB: Final Four brings season end for Woodville-Tompkins, BHSBB: Underdog Benedictine ready for Final Four, College Softball: Savannah State suffers first conference, College Basketball: Savannah State Men, Women upset, TCHS teacher, coach says school suspended him over, Best smart home devices for older users, according, How to get started on spring cleaning early, according, Worried about your student using ChatGPT for homework? Gomez asserts in his third issue that the district court erred by denying his motion for leave to present additional evidence to the Board. 2308 (1999) (quoting Marrs, 270 S.W. Having overruled all of Gomez's issues on appeal, we affirm the district court's judgment. 9112 (2007). For the disciplinary action reasons and codes in 2015-16 and earlier years, please see the list below. Gomez asserts that if the Board had complied with the expunction order, it would not have had Sergeant Cavazos's name. See Tex. The purpose of a Level 2 Public Notification is to publicly admonish the nonlicensed educa tor and place 24 Tex. Code of Ethics for Professional Teachers. 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. The primary emphasis of discipline for ethical lapses is education. When we construe administrative rules and statutes, our primary objective is to give effect to the intent of the issuing agency and legislature, which, when possible, we discern from the plain meaning of the words chosen. State v. Shumake, 199 S.W.3d 279, 284 (Tex.2006) (addressing statutory construction); see Rodriguez v. Service Lloyds Ins. 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. Gov't Code Ann. We overrule Gomez's second issue. In the schools latest statement, they blame a since-rescinded letter of resignation, a new head coach, and pandemic-related concerns for the decision to take Huerta off the sidelines. Teacher Resigns after FERPA Violation. 6. 2001.174(2)(E) with id. 19 Tex. The court concluded that the legislature necessarily left the unworthiness determination to the Board because it would be too difficult to enumerate those qualities and would render the statute incomplete, or so inflexible as to defeat the ends sought. Id . The APA code of ethics is composed of key principles and ethical standards: Principles: The principles are intended as a guide to help inspire psychologists as they work in their profession, whether they are working in mental health, in research, or in business. Sergeant Cavazos immediately grabbed the male and took him outside the nightclub. . Section 21.060 provides the Board with authority to revoke the certificate of a person who has been convicted of certain felony or misdemeanor offenses relating to the duties and responsibilities of the education profession, including but not limited to the list provided in the statute. Gomez has never identified any specific evidence relied upon by the Board that he asserts came solely from the expunged records (as opposed to being contained in the Board's own investigation records).12 We have upheld the ALJ's finding that Sergeant Cavazos did not rely on expunged records to refresh his memory. $150 fine. See Tex.Code Crim. Code of Ethics and Standard Practices for Texas Educators. 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. Ethics and Risk Management Resources. (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