Code 249.3(25) (2007). oday, teachers hear a lot about the Code of Ethics. 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. for Educator Certification, Final Decisions and Orders) (memorializing Board's ability to adopt order modifying findings of fact or conclusions of law in PFD submitted by ALJ in accordance with APA). Code 249.39 (2011) (State Bd. art. (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). Contact us. (construing scope of expunction statute and concluding that expunction order was broader than authorized by statute because order included state agency's investigation records). 5. The Board opposed the motion to exclude evidence, asserting that Sergeant Cavazos's testimony would be based on his memory as an eyewitness to the incident. We construe administrative rules in the same manner as statutes, using traditional principles of statutory construction. Safety v. Story, 115 S.W.3d 588, 594 (Tex.App.-Waco 2003, no pet. Standards: The standards outline expectations of conduct. 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. 311.023(6) (administrative construction of statute may be considered). This includes teachers, librarians, counselors, educational diagnosticians, administrators, and paraprofessionals. All Rights Reserved. $150 fine. A professional code of ethics is designed to ensure employees are behaving in a manner that is socially acceptable and respectful of one another. of a violation of the Code can preclude another contract or relationship with TRS as provided in ICMA encourages individuals seeking confidential advice on issues of ethics or who wish to file an official complaint to contact Martha Perego, director of Member Services and Ethics, at mperego@icma.org or 202-962-3668 or Jessica Cowles, ethics advisor, at jcowles@icma.org or . Gomez argues in his third issue that the district court erred by denying his motion for leave to present additional evidence to the Board.11 See Tex. 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. Any assertion that teachers are violating Standard 3.2 of the Educator Code of Ethics by doing their jobs and following the prescribed health and safety guidelines is unequivocally false and. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. RULE 247.2. City of Amarillo v. Railroad Comm'n of Tex., 894 S.W.2d 491, 495 (Tex.App.-Austin 1995, writ denied). Does SBEC only investigate and discipline teachers? Elizabeth Conley/Staff photographer. Copyright 2023, Thomson Reuters. 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). The court noted that while differences of opinion might exist about what qualities of character render someone unworthy to instruct, there can be no disagreement that an unworthy person should not be allowed to teach. Texas Government Code. See 32 Tex. 2001.174 (West 2008). When a Code of Ethics violation occurs involving a student teacher, a school district is required to report the violation to the _____. Standard 1.3. See id. See Dodd v. Meno, 870 S.W.2d 4, 7 (Tex.1994); see also Poole v. Karnack Indep. 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. A code of ethics document may outline the mission and values . 2001.058(e); see also 19 Tex. (finding agency's interpretation of statute reasonable when statute did not impose deadline for requesting assault leave and agency required leave request to be made within reasonable time of alleged assault). at 5354. However, others who interact with students who are not under the auspices of an education-related licensing organization such as coaches, school secretaries, custodians or other school staff are encouraged to adopt or adapt this Model Code of Educator Ethics. (AP Photo/Julie Jacobson) 21.031.060. That standard provided that an educator should demonstrate conduct that follows generally recognized professional standards. 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 The purpose of a Level 2 Public Notification is to publicly admonish the nonlicensed educa tor and place Reg. for Educator Certification). Does SBEC accept and consider anonymous complaints? 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 . 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 A formal complaint to TEA must allege non-compliance with either federal or state laws or rules that are under the jurisdiction of TEA. The ALJ did not abuse her discretion by allowing Sergeant Cavazos's eyewitness testimony. We overrule Gomez's second issue. What disciplinary action can SBEC take? 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. Gomez has not presented an issue challenging whether substantial evidence supports the Board's decision to revoke his certificate. It also provides the groundwork for a preemptive warning if employees break the code. 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). A Texas elementary school teacher has resigned after posting photos and personal information of her students online, the Austin American Statesman reports. Furthermore, the Board's interpretation that the phrase under the [Texas Education Code], Chapter 21, Subchapter B modifies the certificate that the person is being found unfit to hold does not contradict the plain language of the rule or the statute. Thus, if the evidence would support either affirmative or negative findings, we must uphold the Board's decision. 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. As a teacher in the state of Florida, candidates are bound by the Educator's Code of Ethics and Standards. See Tex. Admin. Reg. Focusing on eight U.S. states, ten 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. 311 .023(1), (3), (4) (West 2005); see also Shumake, 199 S.W.3d at 284. 2001.175(e) (West 2008). Gomez argues that the expunction statute precludes a person who acquires knowledge of an arrest while a state employee and who knows of an order expunging the records and files relating to that arrest from disseminating or using the records or files. Police said Kayla Mooney, 24, of Danbury, had sex with. This appeal followed. Reg. See Tex. The professional educator demonstrates responsibility to oneself as an ethical professional by: 1. Id. 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. Communicating with courts, districts, and educators, when violations of the MS Educator Code of Ethics and Standards of Conduct and/or Miss. Copyright 2023 Nexstar Media Inc. All rights reserved. v. Starr Indus. 2001.175(c). Disclosure of Interested Parties. 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. The first stated that Gomez's conduct described in findings of fact numbers 6 and 7 establishes that [Gomez] is unworthy to instruct or supervise the youth of the state.5 The second stated that Gomez's educator certificate should be revoked.6 See 19 Tex. The Tenets and Guidelines were most recently amended in June 2020. 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. Penal Code Ann. A court abuses its discretion if it acts without reference to guiding rules and principles. for Educator Certification).3 The case went to an administrative law judge (ALJ) for a contested-case hearing. 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. See Tex. Teacher Retirement System of Texas Code of Ethics for Contractors Adopted: September 9, 1994 . 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. Local Grievance Process Proceso de reclamacion local Appeals to Commissioner of Ed Reporting MS educators . Gilbert GOMEZ, Appellant v. TEXAS EDUCATION AGENCY, Educator Certification and Standards Division, and Robert Scott, Commissioner of Education, in his Official Capacity, Appellees. 62.001.408 (West 2006 & Supp.2010) (establishing sex offender registration program). Id. He was never afforded the right or given the opportunity to pursue them prior to his suspension. Violation ofthe security or integrity of a state assessment.