#146-TTC-192--
DOCKET NO. 146-TTC-192
QUITMAN INDEPENDENT+BEFORE THE STATE
SCHOOL DISTRICT+
+
V.+COMMISSIONER OF EDUCATION
+
+
RANDY PICKENS+THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner Quitman Independent School District requests
that the Texas Teacher Certificate of Respondent Randy
Pickens be sanctioned for abandonment of contract.
Joan Howard Allen is the Hearing Officer appointed by
the State Commissioner of Education. Petitioner is
represented by Superintendent Dick Swetnam of Quitman,
Texas. Respondent appears pro se.
On February 11, 1992, the Hearing Officer issued a
Proposal for Decision recommending that Respondent's Texas
Teacher Certificate be suspended for a one year period from
the date of the abandonment of contract. No exceptions were
filed.
Findings of Fact
After due consideration of the evidence and matters
officially noticed, in my capacity as State Commissioner of
Education, I make the following Findings of Fact:
1.Respondent Randy Pickens is the holder of Texas
Teacher Certificate No. XXX-XX-XXXX. (Admitted).
2.Respondent waived his right to a hearing and to
appear to challenge the allegations of Petitioner.
(Answer).
3.Respondent was employed on a written one year term
contract for the 1991-92 school year. (Admitted).
4.Respondent tendered his resignation on October 28,
1991, citing as the reason an inability to cope with the
stress of the position of teacher. (Admitted). Respondent
offered to work with the district in any way possible to
minimize the problems inherent in the transition.
(Admitted).
5.Petitioner board of trustees did not accept
Respondent's resignation by vote on November 4, 1991 and
made written complaint to the Commissioner of Education.
(Admitted).
Discussion
Although Petitioner requests revocation of Respondent
Randy Pickens' Texas Teacher Certificate, the facts
presented do not support the imposition of such a harsh
penalty when Respondent offered to work with the district to
minimize the transition. Further, Petitioner did not allege
special harm as a result of the abandonment.
The appropriate sanction is suspension for a one year
period from the date of the contract abandonment.
Petitioner's appeal should be granted.
Conclusions of Law
After due consideration of the record, matters
officially noticed, and the foregoing Findings of Fact, in
my capacity as State Commissioner of Education, I make the
following Conclusions of Law:
1.The Commissioner of Education has jurisdiction
over the instant appeal pursuant to Tex. Educ. Code ++11.13
and 13.046(a)(3).
2.Respondent Randy Pickens, holder of Texas teacher
Certificate No. XXX-XX-XXXX, abandoned his written term
contract of employment without good cause and without the
consent of the board of trustees.
3.The board of trustees made written complaint to
the Commissioner of Education under Tex. Education Code
+13.046(a)(3).
4.Respondent's Texas Teacher Certificate No.
XXX-XX-XXXX should be suspended for a one year period from
the date of the abandonment of contract, October 28, 1991
through and including October 27, 1992.
5. Petitioner should return its copy of Respondent's
Texas Teacher Certificate No. XXX-XX-XXXX to the Texas
Education Agency, Division of Educational Personnel Records.
6. Respondent should return his copy of his Texas
Teacher Certificate No. XXX-XX-XXXX to the Texas Education
Agency, Division of Educational Personnel Records.
7. The Texas Education Agency, Division of Educational
Personnel Records shall prepare and distribute appropriate
public notice regarding the suspension of Respondent's Texas
Teacher Certificate.
8.Petitioner's appeal 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 State Commissioner of
Education, it is hereby
ORDERED that Respondent's Texas Teacher Certificate No.
XXX-XX-XXXX be, and is hereby, SUSPENDED for a one year
period from the date of the abandonment of contract, October
28, 1991 through and including October 27, 1992.
IT IS FURTHER ORDERED that Petitioner return its copy
of Respondent's Texas Teacher Certificate No. XXX-XX-XXXX
to the Texas Education Agency, Division of Educational
Personnel Records.
IT IS FURTHER ORDERED that Respondent return his copy
of Respondent's Texas Teacher Certificate No. XXX-XX-XXXX
to the Texas Education Agency, Division of Educational
Personnel Records.
IT IS FURTHER ORDERED that the Texas Education Agency,
Division of Educational Personnel Records prepare and
distribute appropriate notices regarding the suspension of
Respondent's Texas Teacher Certificate.
IT IS FURTHER ORDERED that Petitioner's appeal be, and
is hereby, GRANTED.
SIGNED AND ISSUED this ______day of ______,
1992.
______
LIONEL R. MENO
COMMISSIONER OF EDUCATION