DOCKET NO. 090-TTC-199
LEXINGTON INDEPENDENT § BEFORE THE
SCHOOL DISTRICT §
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V. § COMMISSIONER OF EDUCATION
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TROY DEAN SHORE § THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner, Lexington Independent School District, requests that the Commissioner of Education take action against the Texas Teaching Certificate of Respondent, Troy Dean Shore.
Margaret E. Baker is the Administrative Law Judge appointed by the Commissioner of Education to preside over this case. Petitioner is represented by Dorcas A. Green, Attorney at Law, Austin, Texas. Respondent is represented by John F. McCormick, Attorney at Law, Austin, Texas.
On July 5, 1999, the Administrative Law Judge issued a Proposal for Decision recommending that Respondent receive a non-inscribed reprimand to his Texas Teaching Certificate for abandonment of contract without good cause. No exceptions were filed.
Findings
After due consideration of the record and matters officially noticed, it is determined that the following findings are supported by substantial evidence:
1. Respondent was under contract to teach for Petitioner for the 1998-1999 school year.
2. Respondent submitted a letter of resignation on October 22, 1998, to be effective October 30, 1998.
3. Respondent's last day at work for Petitioner was on October 30, 1998.
4. Petitioner did not accept Respondent's letter of resignation.
5. Respondent did not have good cause to abandon his contract with Petitioner.
6. Respondent holds Texas Teaching Certificate XXX-XX-XXXX.
Discussion
The parties disagree as to whether Respondent had good cause to abandon his contract. Respondent contends that he had good cause to abandon his contract because of his wife's securing employment in the Dallas area as well as familial and financial responsibilities. Respondent pled that his wife was unable to secure employment in the Austin/Lexington area. Petitioner contests these allegations. However, both parties agree that the issuance of a non-inscribed reprimand is preferable to holding an evidentiary hearing on the merits. Because Respondent does not contest the sole requested penalty, it is concluded that Respondent did abandon his contract without good cause. It is also concluded that a non-inscribed reprimand is an appropriate penalty given the facts of this particular case.
Conclusions of Law
After due consideration of the record, matters officially noticed, and the foregoing findings, 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 Texas Education Code section 13.046, as continued by Senate Bill 1, Acts 1995.
2. The Commissioner may take action against a Texas Teaching Certificate if a teacher abandons his or her contract without good cause. TEX. EDUC. CODE ANN. § 13.046 (Vernon Supp. 1996).
3. Since Respondent abandoned his contract without good cause, the Commissioner has grounds to take action against his Texas Teaching Certificate.
4. Respondent should receive a non-inscribed reprimand to his Texas Teaching Certificate.
O R D E R
After due consideration of the record, matters officially noticed, and the foregoing Findings and Conclusions of Law, in my capacity as Commissioner of Education, it is hereby
ORDERED that Respondent receive a non-inscribed reprimand to his Texas Teaching Certificate for abandonment of contract without good cause; and,
FURTHER ORDERED that Petitioner's request be, and is hereby, GRANTED.
SIGNED AND ISSUED this 26th day of AUGUST, 1999.
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MIKE MOSES
COMMISSIONER OF EDUCATION
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