By ERICKA MELLON
Copyright 2010 HOUSTON CHRONICLE
May 17, 2010, 8:10PM

Gabriel Hahn Moseley

A social studies teacher at Jamie's House Charter School resigned Monday after administrators determined he had watched another teacher beat up a 13-year-old student late last month and did not try to stop the attack or report it.

Jamie's House principal David Jones said Gabriel Hahn Moseley, 33, was the only employee who witnessed the incident, which spanned more than a minute and was recorded by a student using a cell phone. Moseley was forced out of his previous teaching job, with the Houston Independent School District, last year after being charged twice with having marijuana in his car on campus.

A spokeswoman for Jamie's House said school officials knew about Moseley's misdemeanor drug charges, but noted that he was still a state-certified teacher.

“Alternative schools are all about second chances,” said spokeswoman Sue Davis. “We give our kids a second chance so we gave this teacher a second chance.”

The resignation comes as officials with the Texas Education Agency are wrapping up its own investigation of Jamie's House. A TEA spokeswoman acknowledged Monday that agency officials are worried about the safety of the 100 or so students at the school, but she declined to say what, if any, action the agency plans to take.

“We do have concerns about the safety of children attending this school and we are moving rapidly to increase the safety level there,” TEA spokeswoman Debbie Ratcliffe said, declining to elaborate about any extra safety measures being taken.

Video broadcast

The TEA sent four officials to begin investigating Jamie's House on Thursday, three days after a cell phone video aired on local television appearing to show science teacher Sheri Lynn Davis, 40, repeatedly kicking, slapping and dragging student Isaiah Reagins across a classroom floor.

The school fired the teacher, who is not related to Sue Davis, early last week. The teacher apologized publicly Friday, and her attorney said she was trying to protect a special-needs girl, who was dancing in the room with Isaiah and other students.

Moseley, who could not be reached for comment, pleaded guilty to the drug charges in April 2009, seven months before Jamie's House hired him. He received 18 months of deferred adjudication, a form of probation that, if successfully completed, clears his record of a guilty conviction.

The State Board for Educator Certification has a pending case against Moseley related to the drug charges. A spokeswoman did not know whether the board was moving to revoke his license or to pursue a lesser sanction, such as probation or a reprimand.

Texas Education Commissioner Robert Scott could move to revoke Jamie's House's charter, but that likely would lead to a lengthy legal battle. Scott, however, has flexibility under state law to appoint a conservator to oversee the school's operations.

The TEA has had a part-time monitor visiting Jamie's House since April because the school has failed to comply with special-education rules, mostly involving shoddy record-keeping.

Jamie's House serves about 100 at-risk middle and high school students. Thirty-three are foster children under the state's care.

“We are going to be checking with each of them to make sure they are having a positive experience at this school,” said Patrick Crimmins, a spokesman for the Texas Department of Family and Protective Services. “If they are not, we will get in touch with school officials.”

Previous failure

The superintendent and founder of Jamie's House, Ollie Hilliard, previously ran a residential treatment center for foster children that the Texas Department of Family and Protective Services shut down in 2002 for failing to meet minimum health and safety standards. Hilliard has declined to comment.

The State Board of Education approved Hilliard's bid to open a charter school in 1998. The application included a letter of recommendation from State Rep. Sylvester Turner, D-Houston. The TEA renewed the charter contract in 2005 and 2007.

Turner has not returned calls to his law office.

Jones, the principal, has been on the job only a few weeks.

“The school officials have been very cooperative, and they also want to make sure this is a safe and secure environment for students,” the TEA's Ratcliffe said Monday.

ericka.mellon@chron.com

http://www.chron.com/disp/story.mpl/metropolitan/7008875.html

Emphasis added by H4K Editor