Parents filed a grievance against a teacher, alleging that the teacher assaulted their child. The district board of trustees denied the grievance and the parents appealed to the commissioner of education.
In their grievance to the board, the parents sought the teacher's "immediate termination," and on appeal following the denial of that grievance, they asked the commissioner to investigate how the board allowed the teacher to remain employed and what kind of investigative process the school and district utilized, since they alleged that the current process was biased and did not allow the opportunity for an objective investigation to be completed.
The commissioner found that he did not have the authority to consider the parents' appeal. In doing so, he noted that complaints about educators' professional conduct implicate the Educators' Code of Ethics. These types of complaints are considered by the State Board for Educator Certification, not the commissioner of education.
The commissioner also lacks authority to order school boards to take personnel action against teachers, which is what the parents were requesting by seeking the teacher's "immediate termination." These types of employment decisions are a matter of local discretion that are not governed by statute.
Finally, the commissioner of education cannot investigate a school board's decision not to terminate a teacher's employment, where the board's action is not alleged to violate a school law of this state. Personnel matters generally are a matter of local discretion.
The commissioner of education denied the parents' complaint and dismissed the appeal.
Copyright© 2024 Texas Classroom Teachers Association® The Educated Choice® All rights reserved.