#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