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SOAH DOCKET NO.701-09-3906.EC TEXAS
EDUCATION
AGENCY,
§
BEFORE
THE STATE
OFFICE
EDUCATION CERTIFICATION
§
AND STANDARDS DIVISION,
§
Petitioner
§
§
OF
V.
§
§
SONIA SANCHEZ,
§
Respondent
§
ADMINISTRA TIVE
HEARINGS
PROPOSAL
FOR DECISION
The staff
of
the Texas Education Agency, Education Certification and Standards Division(Staff/Board) brought this action to revoke the license
of
Sonia Sanchez, Respondent, based on theallegations that Respondent refused
to
register students, violated Texas Assessment
of
Knowledgeand Skills (TAKS) test administration procedures, falsified records, and used coercive means orpromises
of
special treatment to influence professional decisions or colleagues. This Proposalrecommends that Respondent's license be suspended for a period
of
five years.
I.
JURISDICTION, NOTICE, AND PROCEDURAL HISTORY
There are no contested issues
of
notice or venue in this proceeding. These matters areaddressed in the findings
of
fact and conclusions
of
law without further discussion.Respondent contested Petitioner's jurisdictional authority
to
enforce Laredo IndependentSchool District (LISD) policies, and sought dismissal
of
any allegation based on violations
of
theLISD policies. Based on the discussion below, the Administrative Law Judge (ALJ) has determinedthat the issue
is
not that the Board
is
seeking
to
enforce LISD policies, but that the Board rulesprovide that violations
oflocal
school district policies can be considered violations
of
Board rules.Inasmuch
as
the LISD policies track statutory language and Board rules, violations
of
such statutesand rules necessarily would also be violation
ofLISD
policies. Board has jurisdiction to regulate
 
I'"
.""",
SOAH DOCKET NO.701-09-3906.ECPROPOSAL FOR DECISIONPAGE 2
teachers and administrators and to sanction them for violations
of
Board rules, andjurisdiction
in
thiscase is proper.The hearing convened March 29 and 30, 2010, before ALJ Roy G. Scudday in
the
William
P.
Clements Building, 300 West
15
th
Street, Fourth Floor, Austin, Texas.
Staff
was represented
by
Sonali
K.
Gokhale, Assistant Counsel and Richard J. Ybarra, Assistant Counsel. Respondent wasrepresented by attorney Russell Ramirez. The record closed on May
7,2010.
II. REASONS
FOR
DECISION
A.
Background
Respondent holds a valid Texas Educator Certificate. At the time
of
the allegations, April-May, 2008, she was the principal
of
Cigarroa High School (CHS) in the LISD.
B. Staff's Allegations
Staffs
allegations, combined and restated in a logical manner, are as follows:
1.
Respondent refused and failed to enroll five students in contradiction
to
the TexasEducation Code (Code) and the LISD policies in violation
of
19
TEX. ADMIN.
CODE
(TAC) § 247.2(b)(1)(G) and (b)(3)(B) (Code
of
Ethics), specifically Standards
1.7
and 3.2; and Code
§§
25.001,25.002, and 25.085.2. Respondent failed to administer the T AKS test to five students and directed others tonot test those students in violation
of
Code § 39.023 and 19 T
AC
§ 101.5.3. Respondent failed to follow proper T AKS test administration procedures and viewedsecure test booklets, thereby violating the confidentiality and security
of
the testadministration, in violation
of
19
T
AC
§§
101.27 and 101.63.4. Respondent falsified records
or
directed or coerced others to do so in violation
of
§
247 .2(b)(1 )(F), Standard 1.6, knowingly engaged in deceptive practices regardingofficial policies
of
the school district, in violation
of
19 T AC
§
247 .2(b)(1 )(A),
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