#179-TTC-292--
DOCKET NO. 179-TTC-292
SAN BENITO CONSOLIDATED+BEFORE THE STATE
INDEPENDENT SCHOOL DISTRICT+
+
V.+COMMISSIONER OF EDUCATION
+
+
GEORGE THELMAN STAUB, JR.+THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner San Benito Consolidated Independent School
District requests that the Texas Teacher Certificate of
George Thelman Staub, Jr, be revoked pursuant to Tex. Educ.
Code +13.046(a).
A hearing was held on July 31, 1992 before Joan Howard
Allen, the Hearing Officer appointed by the State
Commissioner of Education. Petitioner is represented by
Ruben R. Pena, Attorney at Law, Harlingen, Texas.
Respondent failed to appear after due notice.
At the time of the hearing, the Hearing Officer entered
this Proposal for Decision, which was subsequently
transmitted to the parties in written form. 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 George Thelman Staub, Jr. is the holder
of Texas Teacher Certificate No. XXX-XX-XXXX. (Pet. Ex.
1). Respondent was served with notice of this proceeding.
(Record).
2.Petitioner is a term contract district. (Pet. Ex.
1).
3.Respondent was employed by Petitioner on September
30, 1991 as a special education middle school teacher.
(Record). Respondent was employed pursuant to a written
term contract of employment. (Pet. Ex. 1). Respondent
signed the term contract of employment on September 23,
1991. (Pet. Ex. 1).
4.Respondent abandoned his contract on December 3,
1991. He abandoned his contract without notice to
Petitioner and without good cause. (Record; Pet. Ex. 1).
Respondent subsequently submitted a letter of resignation to
his principal on December 3, 1991. (Pet. Ex. 1-C)
5.At the time of his abandonment of contract,
Respondent removed office supplies belonging to the
district. (Pet. Ex. 1-G2).
6.Petitioner did not consent to Respondent's
resignation. (Pet. Ex. 1).
7.On January 28, 1992, the board of trustees voted
to request that the Commissioner of Education take action
against Respondent for abandonment of contract. (Pet. Ex.
1).
8.Respondent had previously been under contract with
the Pharr-San Juan-Alamo Independent School District during
the 1991-92 school year. He abandoned his contract with the
Pharr-San Juan-Alamo School District on September 23, 1991.
(T. 18-19, 20, 25; Pet. Ex. 1-I). Respondent did not inform
Petitioner that he was under contract with the Pharr-San
Juan-Alamo school district; Respondent's employment with the
Pharr-San Juan Alamo school district was not reflected on
his service record. (T. 20, 21-22).
9.Respondent was employed with the Brownsville
Independent School District for a period of 34 days. He
abandoned his contract on the basis of family illness on
October 6, 1989. (T. 23, 27).
10.Respondent left the employment of two other school
districts in the El Paso region. In one of these instances,
he abandoned the contract during the term of that contract,
claiming family illness. (T. 27-28).
11.Respondent was a special education teacher in a
self-contained classroom for mentally retarded students.
During the remainder of the school year, Petitioner was
forced to use a permanent substitute for Respondent's
classroom or for another special education classroom. Nine
students were affected by Respondent's abandonment of
contract. (T. 34-35).
Discussion
Generally, the sanction for abandonment of contract is
the suspension of the teacher's teaching certificate for a
period of one year. In this case, however, Respondent has
shown a pattern of abandoning contracts throughout the
state. These contract abandonments have occurred to the
detriment of the students Respondent has been employed to
serve. These students are doubly impacted as they are
students with special needs. The Commissioner can take
official notice that there is a deficit of personnel
certified in special education. This abandonment of
contract of this particular population or any particular
population under the fact situation presented here renders
Respondent unworthy to instruct the youth of this state.
The Texas Teacher's Certificate of George Thelman
Staub, Jr. should be permanently revoked.
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.Respondent George Thelman Staub, Jr. abandoned his
contract of employment with the San Benito Consolidated
Independent School District board of trustees.
2.Respondent is unworthy to instruct the youth of
this state by virtue of his repeated abandonment of
contracts of employment to the detriment of students.
3.Respondent's Texas Teacher Certificate No.
XXX-XX-XXXX should be revoked.
4.Petitioner should return the school district's
copy of Respondent's Texas Teacher Certificate to the Texas
Education Agency, Division of Educational Personnel Records,
if it possess such certificate.
5.Respondent should return the teacher's copy of his
Texas Teacher Certificate to the Texas Education Agency,
Division of Educational Personnel Records.
6.The Texas Education Agency, Division of
Educational Personnel Records shall prepare and distribute
appropriate notices notifying the public of the revocation
of Respondent's Texas Teacher Certificate.
7.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, REVOKED; and,
IT IS FURTHER ORDERED that Petitioner immediately
return the school district's copy of Respondent's Texas
Teacher Certificate to the Texas Education Agency, Division
of Educational Personnel Records, if it possesses such
certificate; and,
IT IS FURTHER ORDERED that Respondent immediately
return the teacher's copy of his Texas Teacher Certificate
to the Texas Education Agency, Division of Educational
Personnel Records; and,
IT IS FURTHER ORDERED that the Texas Education Agency,
Division of Educational Personnel Records prepare and
distribute appropriate notices notifying the public of the
revocation of Respondent's Texas Teacher Certificate.
SIGNED AND ISSUED this ___ day of ______, 1992.
______
LIONEL R. MENO
COMMISSIONER OF EDUCATION