TEA, DEPC v. Alicia Morris



DOCKET NO. 327-TTC-692

TEXAS EDUCATION AGENCY, § BEFORE THE STATE

DIVISION OF EDUCATOR PREPARA- §

TION AND CERTIFICATION §

§

V. § COMMISSIONER OF EDUCATION

§

§

ALICIA C. MORRIS § THE STATE OF TEXAS

DECISION OF THE COMMISSIONER

Statement of the Case

Petitioner Texas Education Agency, Division of Educator Preparation and Certification requests that the educational credentials of Alicia C. Morris, Respondent, be sanctioned.

A hearing was held on October 13, 1993 before Joan Howard Allen, the Hearings Examiner appointed by the State Commissioner of Education. Petitioner is represented by Steven A. Franz, Austin, Texas. Respondent is represented by Stephen P. Webb, Attorney at Law, Austin, Texas.

On April 22, 1994, the Hearings Examiner issued a Proposal for Decision recommending that Respondent’s Texas Teacher Certificate be revoked. Exceptions and replies were timely filed and considered. Exceptions are hereby overruled.

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 Alicia C. Morris is the holder of Texas Teacher Certificate No. 449-13-44-75. (T. 18).

2. At all times relevant to this matter, Respondent was a pre-kindergarten teacher at J. R. Reynolds Elementary in the Houston Independent School District. (T. 25).

3. Respondent is the defendant in Cause No. 90-40405 before the Harris County, Texas Criminal Court of Law No. 11. (T. 18).

4. On or about October 4, 1990 in Harris County, Texas, Respondent had cause to believe that student Jerry C's physical and mental health and welfare had been and may be further adversely affected by abuse and neglect. (Admitted).

5. On or about October 4, 1990, in Harris County, Texas, Respondent, having cause to believe that Jerry C's physical and mental health and welfare had been and may be further adversely affected by abuse and neglect, did fail to report the abuse of Jerry C. to the Texas Department of Human Services and to any local or state law enforcement agency while Jerry C. was a child younger than eighteen years of age. (Admitted).

6. On or about October 4, 1990 Respondent was employed as a classroom teacher by the Houston, Texas Independent School District (HISD) assigned to the Reynolds Elementary campus. (Admitted).

7. On or about April 16, 1991, in Cause No. 9040405 before the Harris County, Texas County Criminal Court at Law No. 11, Respondent was found guilty by a jury of the criminal offense of Failure to Report Child Abuse. (Admitted).

8. On or about April 16, 1991, in Cause No. 9040405 that Harris County, Texas County Criminal Court at Law No. 11 adjudged Respondent guilty of the criminal offense of Failure to Report Child Abuse. (Admitted).

9. On or about April 16, 1991 in Cause No. 9040405 the Harris County, Texas Criminal Court at Law No. 11 placed Respondent on probation for a period of one (1) year. (Admitted).

Discussion

Respondent stands convicted of failure to report child abuse, a conviction that resulted from her performance of her school duties. Although Respondent's version of the events differs significantly from those stated in the decision of the Court of Appeals, State v. Morris, 833 S.W.2d 624 (Tex. App.--Houston[14 Dist.] 1992), the facts surrounding Respondent's conviction cannot and should not be relitigated before the Commissioner. By virtue of her conviction for failure to report child abuse, Respondent is unworthy to instruct the youth of the state. Her educational 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 of Education has jurisdiction over the instant matter pursuant to Tex. Educ. Code Section 13.046.

2. Respondent Alicia C. Morris, holder of Texas Teacher Certificate No. 449-13-44-75 is unworthy to instruct the youth of this state by virtue of her conviction for failure to report child abuse.

3. The Texas Teacher Certificate of Respondent Alicia C. Morris, No. 449-13-44-75 should be revoked.

4. Respondent Alicia C. Morris should surrender her Texas Teacher Certificate No. 449-13-44-75 to the Texas Education Agency, Division of Educator Preparation and Certification.

5. Petitioner Texas Education Agency, Division of Educator Preparation and Certification should prepare notices and distribute them to all necessary public entities informing them of the revocation of the educational credentials of Respondent Alicia C. Morris.

6. 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 the Texas Teacher Certificate of Respondent Alicia C. Morris, No. 449-13-44-75 be, and is hereby, REVOKED; and,

FURTHER ORDERED that Respondent Alicia C. Morris immediately surrencer her Texas Teacher Certificate No. 449-13-44-75 to the Texas Education Agency, Division of Educator Preparation and Certification; and,

FURTHER ORDERED that Petitioner Texas Education Agency, Division of Educator Preparation and Certification prepare and distribute notices to all necessary public entities informing them of the revocation of the education credentials of Respondent Alicia C. Morris; and,

FURTHER ORDERED that Petitioner’s request be, and is hereby, GRANTED.

SIGNED AND ISSUED this ______ day of ____________________________, 1994.

_______________________________________

LIONEL R. MENO

COMMISSIONER OF EDUCATION

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