#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