DOCKET NO. 148-TTC-796
KELLER INDEPENDENT § BEFORE THE
SCHOOL DISTRICT§
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V.§ COMMISSIONER OF EDUCATION
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PAULA PATTERSON§THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner Keller Independent School District requests that the commissioner take action against the teacher certificate of Paula Patterson, Respondent, for abandonment of contract. Joan Howard Allen is the Administrative Law Judge appointed by the Commissioner of Education. Petitioner is represented by Thomas E. Myers, Attorney at Law, Arlington, Texas. Respondent failed to appear or answer after due notice.
Petitioner’s motion to deem all well-pled allegations as true in absence of Respondent’s answer is GRANTED.
On September 16, 1996, the Administrative Law Judge issued a Proposal for Decision recommending that Petitioner’s request be granted. Petitioner’s exceptions to the Proposal for Decision were timely filed and are hereby granted; no reply was filed.
Findings of Fact
After due consideration of the evidence and matters officially noticed, in my capacity as Commissioner of Education, I make the following Findings of Fact:
1.On July 22, 1996, Respondent Paula Patterson was directed to file an answer to Petitioner's request for certification sanctions on the basis of abandonment of employment contract. Respondent received the agency’s directive on July 24, 1996. To date, no response has been received.
2.Respondent holds Texas Teacher Certificate No. 449-84-60-84.
3.Respondent was served with a copy of Petitioner’s request by first class mail.
4.Respondent abandoned her employment of April 26, 1996, for the asserted reason that she wished to complete work toward another area of certification. Her resignation occurred after the 45th day before the first day of instruction of the following school year. Respondent failed to perform her contract after April 26, 1996.
5.The board of trustees did not consent to Respondent’s resignation.
6.The board voted to request sanctions against Respondent’s teaching certificate at its meeting on May 6, 1996.
Discussion
Petitioner requests that sanctions be imposed upon Respondent’s teaching certificate pursuant to Tex. Educ. Code §21.105(c) (Vernons 1996). Petitioner’s request should be granted.
Unlike prior law, Section 21.105 does not limit the range of sanctions that may be imposed. However, a one year period of time, commencing with the date of a final decision in this matter would provide the necessary instruction to Respondent as to the binding legal effect of an employment contract with a school district and would provide a general deterrence to other similarly situated employees.
Conclusions of Law
After due consideration of the record, matters officially noticed, and the foregoing Findings of Fact, in my capacity as Commissioner of Education, I make the following Conclusions of Law:
1.The Commissioner of Education has jurisdiction over the instant matter pursuant to Tex. Educ. Code Section 21.105.
2.Respondent Paula Patterson, holder of Texas Teacher Certificate No. 449-84-60-84, resigned in contravention of Section 21.105(a) or (b), and failed to perform her contract of employment.
3.The board of trustees of Keller ISD did not consent to Respondent’s resignation.
4.Respondent failed to resign not later than the 45th day before the first day of instruction of the following school year.
5.Respondent’s Texas Teacher Certificate No. 449-84-60-84 should be SUSPENDED for one year commencing on the date that the commissioner’s order in this cause becomes final.
6.Respondent should be directed to submit her Texas Teacher Certificate to the State Board of Educator Certification for notation of the suspension period on the face of the certificate.
7.Petitioner’s requested should be GRANTED.
O R D E R
After due consideration of the record, matters officially noticed, and the foregoing Findings of Fact and Conclusions of Law, in my capacity as Commissioner of Education, it is hereby
ORDERED that Respondent’s Texas Teacher Certificate No. 449-84-60-84 be, and is hereby, SUSPENDED for one year commencing on the date that the Commissioner’s Order in this cause becomes final; and,
FURTHER ORDERED that Respondent submit her Texas Teacher Certificate to the State Board for Educator Certification for notation of the suspension period on the face of the certificate; and,
FURTHER ORDERED that Petitioner’s request be, and is hereby, GRANTED.
SIGNED AND ISSUED this ______day of ______, 1996.
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MIKE MOSES
COMMISSIONER OF EDUCATION
#148-TTC-796-1-