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The petition also asserted essentially the same description of the incident to which Sergeant Cavazos testified at the hearing. Gov't Code Ann. As the Board points out, it is also questionable whether Gomez could demonstrate that there were good reasons for his failure to present the additional evidence in the proceeding before the agency. 249.3(45) (2007) (State Bd. . A review of the education code's relevant parts and the history of the rule's definition of "unworthy to instruct" shows that the Board's interpretation is reasonable. This includes teachers, librarians, counselors, educational diagnosticians, administrators, and paraprofessionals. In Bustamante, the court held that the appellant's termination was proper because the agency relied on eyewitness testimony about witnesses' personal observations of the appellant's conduct, not on expunged records or files. Settlement agreement. Educ.Code Ann. at 453. Huerta calls most of the reasoning irrelevant. A review of the education code's relevant parts and the history of the rule's definition of unworthy to instruct shows that the Board's interpretation is reasonable. 21.031 (West 2006), .041 (West Supp.2010). See Tex.Code Crim. Section 2252.908. . A professional code of ethics is designed to ensure employees are behaving in a manner that is socially acceptable and respectful of one another. See Tex. Id. Gov't Code Ann. 3944 (2009), amended 35 Tex. The Board filed its petition in October 2006. The Educators' Code of Ethics is set forth in Texas Administrative Code to provide rules for standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community. Place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term; Issue an inscribed or non-inscribed reprimand; Suspend a certificate for a set term or issue a probated suspension for a set term; Revoke or cancel, which includes accepting the surrender of, a certificate without opportunity for reapplication for a set term or permanently; or. ASHA encourages its members and certificate holders to engage in the discussion and exchange about controversial audiology and speech-language pathology topics, and to exercise good judgment by avoiding personal attacks against others while using social media. Gov't Code Ann. at 588. In turn, the conclusion that Gomez's conduct was an act of moral turpitude supports the ALJ's legal conclusion that an act of moral turpitude can preclude a finding of good moral character, which is defined as the virtues of a person as evidenced, at a minimum, by his or her not having committed crimes relating directly to the duties and responsibilities of the education profession or acts involving moral turpitude. Id. In his second issue, Gomez challenges the admission of Sergeant Cavazos's testimony at the December 2007 contested-case hearing because he contends that its admission violated the June 2007 order expunging records concerning his August 2003 arrest. Co., 13 S.W.3d 841, 844 (Tex.App.-Austin 2000, no pet.). The SBEC may amend the ethics code in the same manner as any other formal rule. The ALJ denied Gomez's motion, but noted that the ALJ will not allow any witness to testify at the hearing based on expunged records as opposed to the witness's independent recollection of events.. Read the Code of Ethics You can also download this quick PDF summary of the Code: SBEC will notconsider complaints that do not include the name and address of the individual filing the complaint. Proc. Kandice Mason, a 6th grade teacher in Hoke County public schools who moonlights as a pole-dancing fitness instructor, was suspended on Aug. 16 due to violations of the county's social media. Motion for leave to present additional evidence to the Board. It filed its petition, which contained Sergeant Cavazos's name, in October 2006. TEA has authority to investigate violations of IDEA by TEA as well as customer service complaints. 5608 (2007), adopted 32 Tex. Reg. Gomez sought judicial review of the Board's order in district court. A student who WSAV will not identify then chimes in asking Huerta why he believes the symbol is racist and says he has a few Black friends that support the Confederate flag.. 2308 (1999); see also Tex. 2001.175(c). Subchapter B of chapter 21 concerns the certification of educators and establishes the Board's structure, powers, and duties, including its mandate to propose rules providing for the regulation of educators and the general administration of this subchapter, for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Chapter 2001, Government Code, and for the adoption, amendment, and enforcement of an educator's code of ethics. Id. But the Board had begun conducting its own investigation well before the expunction order was issued in 2007. (a) In compliance with the Texas Education Code, 21.041(b)(8), the State Board for Educator Certification (SBEC) adopts an Educators' Code of Ethics as set forth in 247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators). Alexandria Ocasio-Cortez Likely Violated Ethics Laws With Met Gala Appearance, . 9112 (2007). The ALJ, as factfinder, determines the credibility of witnesses and the weight of their testimony. (construing scope of expunction statute and concluding that expunction order was broader than authorized by statute because order included state agency's investigation records). While some Standard 4 violations could lead to sexual acts or harassment -- as defined by the Mississippi Educator Code of Ethics and Standards of Conduct-- not all do. We will cite to the prior rule when a substantive amendment has occurred. For the disciplinary action reasons and codes in 2015-16 and earlier years, please see the list below. Gomez's argument that the Board used expunged records rests on his contention that Sergeant Cavazos's testimony was improper because he acquired knowledge of the arrest while a state employee and knew of the expunction order. Gomez styled his suit for judicial review and this appeal as Gilbert Gomez v. Texas Education Agency and Robert Scott, Commissioner of Education, in his Official Capacity, but the Texas Education Agency (TEA) asserts that Mr. Scott is not a proper party because the Board, not the TEA, rendered the final order in this case. We overrule Gomez's first issue.10. for Educator Certification, Definitions) (defining unworthy to instruct as the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B); see also generally Tex. Id. He claims Huerta did not attempt to do so. See City of Waco v. Texas Comm'n on Envtl. But this deference to the Board's interpretation is not conclusive or unlimitedwe defer only to the extent that the Board's interpretation is reasonable. The complaint must be in writing and signed and include the facts or documentation on which the allegation is based. W.2d 446, 453 (Tex.1984). At the contested-case hearing, Gomez offered no evidence that he did not engage in the alleged conduct other than his own testimony, which was controverted by Sergeant Cavazos's testimony. Contact us. TCHS says it started with a post by history teacher Jordan Huerta, which called into question the history of Confederate symbols on Georgias state flag. P.D. Nothing in the November 2009 order indicates that the Hidalgo County District Court found that Sergeant Cavazos's testimony at Gomez's contested-case hearing violated its 2007 expunction order. ); City of Port Arthur v. Southwestern Bell Tel. Texas Government Code. May 29, 2019 at 8:37 pm EDT + Caption GWINNETT COUNTY Nine Gwinnett County educators, including a principal, are no longer employed by GCPS following an investigation into allegations that a. Code of Ethics and Standard Practices for Texas Educators. Otherwise, we may affirm the administrative decision if we are satisfied that substantial evidence exists to support it. See Tex.Code Crim. 7. To the extent his argument that the Board had no basis for imposing discipline against him could be construed as a substantial-evidence argument (in the narrower sense of the term), we presume that the Board's order is supported by substantial evidence, and Gomez bears the burden of proving otherwise. He calls the students friends ignorant for their lack of knowledge of the subject. We overrule Gomez's second issue. The APA requires us to reverse or remand an agency's decision that prejudices the appellant's substantial rights because the administrative findings, inferences, conclusions, or decisions (1) violate a constitutional or statutory provision, (2) exceed the agency's statutory authority, (3) were made through unlawful procedure, (4) are affected by other error of law, (5) are not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole, or (6) are arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. When Sergeant Cavazos approached the dance floor, he saw a male about ten to fifteen feet from the dance floor holding his penis in his hand and staring at the dancers as he rubbed himself. The ALJ did not abuse her discretion by allowing Sergeant Cavazos's eyewitness testimony. Sergeant Cavazos testified that although he could recall the date of the incident and Gomez's name only after reviewing the Board's petition, the petition was the only document he used to refresh his memory. Gomez has not pointed out any testimony which he asserts that Sergeant Cavazos derived from any expunged record. Proc. The Texas Education Agency has jurisdiction to investigate violations of school law concerning Texas public school entities (such as school districts and charter schools), certified educator certificate holders, and educator preparation programs. See Tex. For the disciplinary action reasons and codes in 2016-17 and later years, please see: DISCIPLINARY ACTION REASON CODES. The Board's interpretation of the definition of unworthy to instruct is at the heart of the parties' dispute. Taking responsibility and credit only for work actually performed or produced, and . An individual's code of ethics can include their beliefs, values and background. Certificate of High School Equivalency (TxCHSE), Bilingual Education Exception and ESL Waiver, Armed Services Vocational Aptitude Battery (ASVAB), Counseling, Advising, and Student Supports, STEM (Science, Technology, Engineering, and Mathematics), Texas College and Career Readiness School Models, TEKS Texas Essential Knowledge and Skills, Texas Essential Knowledge and Skills - Review and Revision, Graduation Reports - PEIMS Standard Reports, Highly Mobile and At Risk Student Programs, Financial Integrity Rating System of Texas, Annual Financial and Compliance Reports (AFRs), Middle School, High School, and College Preparation Initiatives, Reading, Math, Science, and Technology Initiatives, Comprehensive Report on Texas Public Schools, Results Driven Accountability (RDA) Reports and Data, Assessments for Emergent Bilingual Students, Assessments for Students with Disabilities, State of Texas Assessments of Academic Readiness (STAAR), Texas English Language Proficiency Assessment System (TELPAS), Texas Formative Assessment Resource (TFAR), Certificate and Transcript Search Information, Steps to Earn a Certificate of High School Equivalency, Results Driven Accountability (RDA) Overview, Texas Principal Evaluation and Support System, Texas Teacher Evaluation and Support System, Disciplinary Actions taken against Texas Educators, Preliminary Criminal History Evaluation FAQ, Blended Learning Professional Development Opportunity. When a Code of Ethics violation occurs involving a student teacher, a school district is required to report the violation to the _____. RULE 247.2. The range of penalties includes censure, removal from office, permanent disqualification from holding any state position, restitution, decades in prison, and fines up into the hundreds of thousands of dollars. Id. filed). The ALJ made a specific finding of fact in the PFD that Cavazos did not use any document other than those filed in this docket to refresh his memory as to the date of the incident and [Gomez's] name when preparing to testify at the hearing. See id. Standards: The standards outline expectations of conduct. Following its own interpretation of the statute and its rules, the Board determined that the ALJ's conclusions that Gomez's conduct was an act of moral turpitude sufficient to preclude a finding of good moral character (as those terms are defined by the Board's rules) provided a sufficient basis to conclude that Gomez was unworthy to instruct. See 19 Tex. In its justification for the definition of unworthy to instruct, the Board explained that it derived the term from the former education code section related to the suspension and cancellation of a teacher's certificate. Sauls says Huerta had the option to remedy the situation through a process laid out in the Tattnall County Board of Education policy. The Board had proposed amendments to the rules earlier in 2007, and the amended rules became effective December 16, 2007. Gilbert GOMEZ, Appellant v. TEXAS EDUCATION AGENCY, Educator Certification and Standards Division, and Robert Scott, Commissioner of Education, in his Official Capacity, Appellees. In the order, the Board explained that it interprets the phrase the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B as merely referring to the certification that the person is unworthy to hold, not as requiring a finding that the person violated chapter 21, subchapter B. The remainder of his testimony was based only on his memory of the incident. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. at 5354. art. Reg. Texas Government Code. Code 249.15 (2011) (State Bd. By providing the Board with a nonexclusive list of offenses for which it has discretionary authority to revoke a certificate after an educator's conviction and mandating it to revoke a certificate without a disciplinary proceeding after certain other convictions, the legislature merely simplified the disciplinary process in certain cases. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 24142 (Tex.1985). The ALJ issued the PFD on February 14, 2008. Admin. Gomez first argues that the Board acted in excess of its statutory authority, in an arbitrary or capricious manner, and abused its discretion by rejecting the ALJ's recommendation and revoking his educator certificate, despite having no basis to impose discipline against him. No. The Board noted in its final order that the unworthy to instruct phrase has been part of educator-certification law since 1925. We will affirm the district court's judgment because we find no error in the Board's final order. of Med. Subcommittee will look into alleged campaign violations and sexual misconduct by Republican who admitted to lying The House ethics committee has opened an investigation into George Santos, the . Sheriff's Civil Serv. I will consistently uphold all applicable laws, rules, policies, and governance procedures. A Campbell High School teacher is facing backlash after sending out an email that violated the Department of Education's code of conduct. If there is some reasonable basis in the record for the Board's decision, we will uphold it even if the evidence preponderates against it. The SBEC may amend the ethics code in the same manner as any other formal rule. Does SBEC only investigate and discipline teachers? See Bustamante v. Bexar Cnty. U.S. Rep. Tony Gonzales faces censure vote by Republican Party of Texas Click to email a link to a friend (Opens in new window) This story has been updated. Consequently, the Board ordered Gomez's educator certificate revoked. Code 249.3(19), (25) (2007), amended 34 Tex. Copyright 2007-2022 Texas Education Agency (TEA). Id. He also contends that the district court could properly consider evidence outside of the administrative record of the procedural irregularities that he alleges occurred when the ALJ admitted evidence that had been ordered expunged. Gilbert Gomez appeals the district court's judgment affirming the final order of the State Board for Educator Certification (the Board), which revoked his Texas Educator Certificate.1 The Board ordered the certificate revocation after determining that Gomez was unworthy to instruct or supervise the youth of the state under its rules. See Tex. 2009, no pet.) After the record was closed, the ALJ issued a proposal for decision (PFD) that included eleven findings of fact and fifteen conclusions of law. The Board opposed the motion to exclude evidence, asserting that Sergeant Cavazos's testimony would be based on his memory as an eyewitness to the incident. The teacher used his work email to reply to a. The second, and gravest, was the adjustment of the scores of Stefanie to ensure that she was accepted in the program, which in itself is a violation of the principles in the . When there has been no substantive change to the rule or its relevant portions, as with this rule, we will refer to the current rules for convenience. The four teachers who worked for JPS -- Nathaniel Brown, Genetra Robinson, Valerie Mignott and Curtis Wells -- had all been accused of violating the same standard. Defending his original stance, Huerta answers the students questions and explains why a majority of African Americans do not support the symbol. He was never afforded the right or given the opportunity to pursue them prior to his suspension. . The school says the teachers comments violated ethical standards. Safety v. Story, 115 S.W.3d 588, 594 (Tex.App.-Waco 2003, no pet. The ALJ found that Gomez engaged in the alleged conduct and exposed his penis in public with reckless disregard as to whether others could see it and for purposes of sexual gratification. The ALJ concluded that Gomez's conduct was an act of moral turpitude, as defined by the Board's rules, and that an act of moral turpitude can preclude a finding of good moral character, as defined by the Board's rules. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. Admin. As defined by title 19, section 249.3(45) of the administrative code, unworthy to instruct or to supervise the youth of this state means the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B Gomez urges that the ALJ's interpretation of the education code and the definition of unworthy to instructwhich would require that an educator be convicted of one of the crimes listed in two code provisions before his certificate could be revokedis correct, and thus, the Board acted in excess of its statutory authority, in an arbitrary or capricious manner, and abused its discretion because it rejected the ALJ's conclusion. for Educator Certification). TEA staff provides administrative functions and services to the Board, see Tex. v. Starr Indus. The Board's rules regarding investigations provide further support for the Board's interpreting unworthy to instruct as encompassing acts of moral turpitude even without an accompanying criminal conviction. Code 249.15(b)(2) (allowing Board to revoke certificate based on satisfactory evidence that person is unworthy to instruct). Certificate of High School Equivalency (TxCHSE), Bilingual Education Exception and ESL Waiver, Armed Services Vocational Aptitude Battery (ASVAB), Counseling, Advising, and Student Supports, STEM (Science, Technology, Engineering, and Mathematics), Texas College and Career Readiness School Models, TEKS Texas Essential Knowledge and Skills, Texas Essential Knowledge and Skills - Review and Revision, Graduation Reports - PEIMS Standard Reports, Highly Mobile and At Risk Student Programs, Financial Integrity Rating System of Texas, Annual Financial and Compliance Reports (AFRs), Middle School, High School, and College Preparation Initiatives, Reading, Math, Science, and Technology Initiatives, Comprehensive Report on Texas Public Schools, Results Driven Accountability (RDA) Reports and Data, Assessments for Emergent Bilingual Students, Assessments for Students with Disabilities, State of Texas Assessments of Academic Readiness (STAAR), Texas English Language Proficiency Assessment System (TELPAS), Texas Formative Assessment Resource (TFAR), Certificate and Transcript Search Information, Steps to Earn a Certificate of High School Equivalency, Results Driven Accountability (RDA) Overview, Texas Principal Evaluation and Support System, Texas Teacher Evaluation and Support System, Disciplinary Actions taken against Texas Educators, Preliminary Criminal History Evaluation FAQ, Blended Learning Professional Development Opportunity, Educators' Code of Ethics(outside source). The Board contends that Gomez waived the issue of whether the Board committed error by rejecting the ALJ's recommendation that there was no basis to discipline him because he failed to raise it in his petition to the district court for judicial review. See 32 Tex. Collier, Ronnell. We review rulings on the admission or exclusion of evidence at the administrative level under the abuse-of-discretion standard applied to trial courts. It was initially drafted for quote . This material may not be published, broadcast, rewritten, or redistributed. Tex. Reg. 21.001.707 (West 2006 & Supp.2010). Gomez argues in his third issue that the district court erred by denying his motion for leave to present additional evidence to the Board.11 See Tex. Indecent exposure has been included in the Priority 1 category of conduct that indicates a risk to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague since section 249.14's adoption in 1999. The APA code of ethics is composed of key principles and ethical standards: Principles: The principles are intended as a guide to help inspire psychologists as they work in their profession, whether they are working in mental health, in research, or in business. oday, teachers hear a lot about the Code of Ethics. In addition, the Board adopted the definition of unworthy to instruct before the adoption of education code sections 21.058 and 21.060, which were enacted and became effective in 2003 and 2007, respectively. Finally, the Board specifically noted the court's holding in Marrs that the Legislature's controlling purpose in authorizing a teacher's certificate to be sanctioned for unworthiness' was to exclude teachers who were found to be morally or mentally unfit. 24 Tex. 10. 2001.175(e). Teacher Retirement System of Texas Code of Ethics for Contractors Adopted: September 9, 1994 . When it adopted chapter 249 of the administrative code in 1999, the Board provided a detailed explanation for the definition of unworthy to instruct. See 24 Tex. Gomez raised the issue of whether the Board erred by finding a basis to impose discipline against him, but the Board contends this is a different issue (although we note that the Board necessarily rejected the ALJ's recommendation by finding a basis to impose discipline). Growth - Educators need to pursue professional growth. Teacher Resigns after FERPA Violation. To efficiently administer and implement the SBECs purpose, the TEA staff sets priorities for the investigation of complaints based on the severity and immediacy of the allegations and the likelihood of harm posed by the subject of the investigation. The Educators' Code of Ethics is set forth in Texas Administrative Codetoproviderules for standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community. 2001.175(c). The final judgment affirming the Board's decision was signed December 3, 2009, and stated that all remedies not specifically granted herein are denied.. Beginning with the FY 2015-2016 report, the published information will be updated quarterly. These data were coded using ethical behavior . 5. Reg. 5. Id. In the order overruling Gomez's motion to exclude evidence that was issued after the hearing, the ALJ noted that Sergeant Cavazos testified that he had not refreshed his memory from the arrest record or any other record subject to the expunction order. And at the contested-case hearing, as well as in his exceptions to the PFD and his motion for rehearing, which he filed in March 2008 and November 2008, Gomez made the same contention that he makes here about the Board's alleged violation of the expunction order. 5.18 Level 2 Public Notification of Ethics Violation is a public notification that a nonlicensed educator has violated the Code of Ethics in a manner equivalent to a violation that warrants the probation of a license. Id. All Rights Reserved. TEXAS ADMINISTRATIVE CODE - TITLE 19 EDUCATION PART 7 STATE BOARD FOR EDUCATOR CERTIFICATION CHAPTER 247 EDUCATORS' CODE OF ETHICS: RULE 247.2 Code of Ethics and Standard Practices for Texas Educators Source Note: The provisions of this 247.1 adopted to be effective March 1, 1998, 23 TexReg 1022; amended to be effective December 26, 2010, 35 TexReg 11242 (State Board for Educator . 2001.175(c) (West 2008) (providing procedure for application to reviewing court to present additional evidence to state agency). Lisa Youngblood photographed with her daughter on Sunday, Feb. 19, 2023, in Frisco. Does SBEC accept and consider anonymous complaints? The Board responds that the expunction order only barred the use of records and files concerning Gomez's arrest, not eyewitness testimony about his conduct, and that it did not use prohibited materials to prepare or present its case to the ALJ. 22.01(A)(1) AGAINST A DISTRICT EMPLOYEE/VOLUNTEER, ASSAULT UNDER PENAL CODE SECT 22.01(A)(1) OTHER THAN SCHOOL DISTRICT EMPLOYEE/VOLUNTEER, AGGRAVATED ASSAULT (PC SECT 22.02) AGAINST SCHOOL DISTRICT EMPLOYEE/VOLUNTEER, AGGRAVATED ASSAULT (PC SECT 22.02) AGAINST SOMEONE OTHER THAN DISTRICT EMPLOYEE, SEXUAL OR AGGRAVATED ASSAULT AGAINST A SCHOOL DISTRICT EMPLOYEE/VOLUNTEER, SEXUAL OR AGGRAVATED SEXUAL ASSAULT AGAINST SOMEONE O/T DISTRICT EMPLOYEE/VOLUNTEER, POSSESSED, PURCHASED, USED OR ACCEPTED A CIGARETTE OR TOBACCO PRODUCT, FALSE ALARM/FALSE REPORT - TEC SECTION 37.006(A)(1) AND 37.007(B), FELONY CONTROLLED SUBSTANCE VIOLATION - TEC SECTION 37.007(A)(3), FELONY ALCOHOL VIOLATION - TEC SECTION 37.007(A)(3), TRUANCY (FAILURE TO ATTEND SCHOOL)-PARENT CONTRIBUTING TO TRUANCY, TRUANCY (FAILURE TO ATTEND SCHOOL) STUDENT AGE 12-18 WITH 10 UNEXCUSED ABSENCES, TRUANCY (FAILURE TO ATTEND SCHOOL)-STUDENT FAILURE TO ENROLL IN SCHOOL, AGGRAVATED ROBBERY - TEC 37.007(a)(2)(F), TEC 37.006 (c)-(d), USED, EXHIBITED, OR POSSESSED A NON-ILLEGAL KNIFE PER STUDENT CODE CONDUCT, STUDENT REQUIRED REGISTER AS SEX OFFENDER / UNDER COURT SUPERVISION, STUDENT REQUIRED REGISTER AS SEX OFFENDER /NOT UNDER COURT SUPERVISION, CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD/CHILDREN ON SCHOOL PROPERTY OR ACTIVITY, BREACH OF COMPUTER SECURITY - TEC 37.007(a)(5), SERIOUS MISBEHAVIOR AS DEFINED BY TEC 37.007(C) WHILE EXPELLED TO/PLACED IN DAEP, Texas Academic Performance Reports (TAPR), Texas Education Agency (TEA)PEIMS Reporting Unit, Research and Analysis Division(512)475-3523oradhocrpt@tea.texas.gov. What crimes does SBEC consider to be directly related to the duties and responsibilities of the education profession? The definitions of good moral character, moral turpitude, and unworthy to instruct were not substantively changed by this amendment, but they were renumbered. Article 11, of R. A.. No. Quality, 346 S.W.3d 781, 81920 (Tex.App.-Austin 2011, pet. What disciplinary action can SBEC take? Evaluating licensure applications from applicants who have violated Miss. Gov't Code Ann. Id. A written statement from Harben, Hartley & Hawkins, LLC the law firm representing the school identifies the post and conversation in question. The Board did not present any new evidence in the district-court proceeding for review of its final order. We construe administrative rules in the same manner as statutes, using traditional principles of statutory construction. 2305 (1999) (Executive Summary for Reasoned Justification of New Chapter 249). 21.001-.707. Ann. The ALJ conducted a one-day evidentiary hearing. The expunction order was issued in June 2007, expunging any and all records concerning the arrest on August 7, 2003. The order provided that a number of agencies, including the Board, were to return all records and files concerning the arrest to the court, or if removal is impracticable, to obliterate all references to [Gomez] and notify the court of [their] action[s]. The Board's petition mentioned Sergeant Cavazos by name, but did not mention that Gomez had been arrested. Code Ann. for Educator Certification).3 The case went to an administrative law judge (ALJ) for a contested-case hearing. Granek v. Texas State Bd. Teacher Suspended Following Backlash From Student's 'My Bad Teacher' Speech. Code 249.14(g) (2011) (State Bd. for Educator Certification, Definitions).4 The ALJ concluded, however, that the Board did not have a basis to impose discipline against Gomez's educator certificate, because she interpreted the Board's definition of unworthy to instruct or to supervise the youth of this state as including only conduct that violated chapter 21, subchapter B of the education code, which governs the certification of educators in the public education system. An agency acts arbitrarily if it makes a decision without regard for the facts, if it relies on fact findings that are not supported by any evidence, or if there does not appear to be a rational connection between the facts and the decision.