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243-ttc-593 docket no. 243-ttc-593


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243-TTC-593 --
DOCKET NO. 243-TTC-593

TEXAS EDUCATION AGENCY, + BEFORE THE STATE

DIVISION OF INSTRUCTIONAL +

OUTCOMES ASSESSMENT +

+

VS + COMMISSIONER OF EDUCATION



+

+

PEDRO B. VASQUEZ + THE STATE OF TEXAS


DECISION OF THE COMMISSIONER


Statement of the Case
Petitioner Texas Education Agency, Division of

Education Personnel Records request that the education

credentials of Pedro B. Vasquez, Respondent, be sanctioned

for violation of the test security and integrity of the

Texas Assessment of Academic Skills (TAAS) test. Petitioner

contends Respondent is unworthy to instruct the youth of the

State of Texas.

Lorraine J. Yancey is the Hearings Examiner appointed

by the State Commissioner of Education. Petitioner is

represented by Terry J. Johnson, Attorney at Law, Austin,

Texas. By letter dated May 10, 1993 and filed with the

Division of Hearings and Appeals on May 19, 1993, Respondent

stated that he did not wish to appeal the allegations made

by Petitioner and surrendered Texas Teacher Certificates

Nos. XXX-XX-XXXX. Respondent did not file an Answer in

conformity with the requirements of 19 TAC +157.1052.

On June 8, 1993, the Hearings Examiner issued a

Proposal for Decision recommending that Petitioner's Motion

to Deem All Well-Pled Allegations as True be granted,

pursuant to 19 T.A.C. +157.66(c), and that Respondent's Texas

Teacher Certificate be revoked. No exceptions to the

Proposal for Decision 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 is holder of two Texas Teaching

Certificates No. 463-56-0174 duly issued under the

provisions of the Texas Education Code and its predecessor

statutes. (Admitted).

2. By letter filed on May 19, 1993 with the Division

of Hearings and Appeals, Respondent indicated that he did

not wish to appeal the allegations of Petitioner and

surrendered two Texas Teaching Certificates No. 463-56-0174.

The letter from Respondent reads, in pertinent part:

Mr. Johnson,

Reference Docket No. 243-TTC-593
I, Pedro B. Vasquez, 463-56-0174, request waiver

of Texas Eduction Agency rule that require that

the parties appear in person to present evidence

concerning appeals to the Commissioner. I do not

[wish] to appeal any of the charges. Furthermore,

I request that my Teacher Certificate No.

463-56-0174 be revoke[d] under +157.1072 concerning

complaints made to the Teachers' Professional

Practice Commission of Texas, Subsection h. (6)

That the respondent's certificate be revoked.

Enclose[d] are the Texas Teacher Certificates No.

463-56-0174.

(Official Notice).

3. On or about October 21, 1992, Respondent viewed the

TAAS test without authority, wrongfully duplicated the TAAS

test, revealed the contents of the test, and provided one or

more examinees with answers to an a test question.

(Admitted).

4. The Texas Assessment of Academic Skills (TAAS) test

is a "secured test." (Official Notice).


Discussion

Petitioner's Petition for Review does not indicate that

Respondent was currently employed by a school district, but

does state on page 6 of the Petition that "[Respondent's]

conduct posed a serious risk of harm to the well-being of

his students [emphasis added]...."

Conduct that violates the security or confidential

integrity of an examination is defined as any material

departure from either the requirements established by the

commissioner for the administration of the examination, or

from the procedures set forth in the applicable test

administration materials. See. 19 Texas Administrative Code

+101.4 (eff. July 7, 1992, 17 Tex. Reg. 4538). In

accordance with the Texas Education Code, +13.046 the

Commissioner may sanction a teacher's teaching credentials

for the unauthorized viewing of secure examination

materials; wrongful duplication of any portion of secure

examination materials; revealing the contents of the test;

and providing any examinee the answer to any test question.

Because Respondent engaged in the aforementioned

conduct, Respondent is unworthy to instruct the youth of

this State and his teaching credentials should be 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. The Commissioner has jurisdiction of Petitioner's

request for sanctions pursuant to Tex. Educ. Code +13.046.

2. Respondent's conduct breached the security and

confidentiality of the TAAS test in violation of 19 Texas

Administrative Code +101.4.

3. Respondent is unworthy to instruct the youth of the

State of Texas.

4. Respondent's Texas Teacher Certificate No.

463-56-0174 should be revoked.

5. Respondent should immediately surrender the

teacher's copy of his Texas Teaching Certificate to the

Texas Education Agency, Division of Educational Personnel

Records.


6. The Texas Education Agency, Division of Educational

Personnel Records should prepare and distribute notices

informing the public of the revocation of Respondent's

teaching certificate.

7. Petitioner's request 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.

463-56-0174 be, and is hereby, REVOKED; and,

IT IS FURTHER ORDERED that Respondent surrender 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 notifying informing the public of the revocation

of Respondent's teaching certificate; and,

IT IS FURTHER ORDERED that Petitioner's request be, and

is hereby, GRANTED.

SIGNED AND ISSUED this ___ day of ____________________,

1993

_____________________________

LIONEL R. MENO



COMMISSIONER OF EDUCATION


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