State Board for Educator Certifcation Meeting Agenda

OCTOBER 6, 2017 AT 9:00 AM

1701 N. CONGRESS AVE. ROOM 1-104

The Board will meet in open session and after determining the presence of a quorum, deliberate and possibly take formal action, including emergency action, on any of the following agenda items:

1. Call to Order
2. Associate Commissioner’s Comments Regarding the SBEC Agenda

3. Public Comment

The Board shall allocate up to thirty (30) minutes at the beginning of each regularly scheduled meeting of the full Board for public comment on non-agenda and consent agenda items. In accordance with SBEC Board Operating Policies and Procedures, late registration for providing oral or written comment will be accepted up to 30 minutes prior to the beginning of the Board meeting.

CONSENT AGENDA

4. Consider and Take Appropriate Action on Request to Approve August 4, 2017 Board Meeting Minutes  

DISCUSSION AND ACTION

5. Update on Divisions of Educator Leadership and Quality Department

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss updates provided by the Division of Educator Certification and Testing; Educator Preparation; Educator Investigations; and Legal Services for the Fiscal Year (FY) 2016-2017.

6. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates

Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board for Educator Certification (SBEC) rules. The SBEC last adopted the review of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, in May 2014; however, Texas Education Agency (TEA) staff recommended accelerating the review to begin the process of implementing legislation from the 85th Texas Legislature, Regular Session, 2017. This item presents for SBEC approval the adoption of the review of Chapter 227. The rules being reviewed provide requirements for admission to educator preparation programs (EPPs) and preliminary evaluation of certification eligibility.

7. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 228, Requirements for Educator Preparation Programs

Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board for Educator Certification (SBEC) rules. The SBEC last adopted the review of 19 TAC Chapter 228, Requirements for Educator Preparation Programs, in May 2014; however, Texas Education Agency (TEA) staff recommended accelerating the review to begin the process of implementing legislation from the 85th Texas Legislature, Regular Session, 2017. This item presents for SBEC approval the adoption of the review of Chapter 228. The rules being reviewed provide requirements relating to educator preparation programs (EPPs).

8. Consider and Take Appropriate Action on Adoption of Proposed Amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11 Number and Content of Required Continuing Professional Education Hours

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11, Number and Content of Required Continuing Professional Education Hours. The proposed amendment would implement changes resulting from the 85th Texas Legislature, Regular Session, 2017, and would add several topics to the continuing professional education (CPE) requirements for all educators, including classroom teachers and principals. No changes are recommended since published as proposed.

9. Consider and Take Appropriate Action on Adoption of Proposed Revisions to 19 TAC Chapter 239, Student Services Certificates, Subchapter A, School Counselor Certificate, and Subchapter C, Educational Diagnostician Certificate

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed revisions to 19 TAC Chapter 239, Student Services Certificates, Subchapter A, School Counselor Certificate and Subchapter C, Educational Diagnostician Certificate. The proposed revisions would update the requirements for the minimum admission, preparation, standards, certificate issuance, and renewal for the School Counselor and Educational Diagnostician certificates. The proposed revisions reflect feedback provided by the SBEC-appointed advisory committees for the School Counselor Certificate and Educational Diagnostician Certificate. No changes are recommended since published as proposed.

10. Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed amendments to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans. The proposed amendments to 19 TAC §234.5 and §234.7 would implement the requirement from the 85th Texas Legislature, Regular Session, 2017, to extend a temporary certificate for military spouses to three years and also provide clarification of renewal requirements for military service members, military spouses, and military veterans. No changes are recommended since published as proposed.

11. Consider and Take Appropriate Action on Adoption of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, and Subchapter E, Grades 9-12 Assignments

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, and Subchapter E, Grades 9-12 Assignments, that would incorporate career and technical education (CTE) courses approved by the State Board of Education (SBOE). The proposed revisions would also incorporate requirements to complete Texas Education Agency (TEA)-approved training or appropriate training in state and federal requirements regarding work-based learning and safety and add certificate areas to the list of credentials appropriate for placement into a particular assignment. A change to correct a typographical error is recommended to 19 TAC §231.339(b).

12. Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries. The proposed amendments would update the requirements for certification of educators from other countries following the four-year rule review required by Texas Government Code, §2001.039.

13. Consider and Take Appropriate Action on Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, Subchapter B, Elementary School Certificate Standards, Subchapter C, Middle School Certificate Standards, and Subchapter D, Secondary School Certificate Standards 

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose new 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, Subchapter B, Elementary School Certificate Standards, Subchapter C, Middle School Certificate Standards, and Subchapter D, Secondary School Certificate Standards. Proposed new 19 TAC §§235.1, 235.11, 235.19, 235.41, 235.59, 235.61, and 235.89 would implement recent legislation from the 85th Texas Legislative Session, 2017, specify the pedagogy and professional responsibilities (PPR) educator standards required for classroom teacher certification, and clarify the implementation date for the new standards. The proposed new chapter reflects feedback provided by the SBEC-appointed Classroom Teacher Standards Advisory Committee for the Early Childhood: Prekindergarten-Grade 3, Grades 4-8 (4-8), and Grades 7-12 (7-12) PPR standards.

14. Discussion and Update on Classroom Teacher Standards Advisory Committee

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss an update on the Classroom Teacher Standards Advisory Committee for Early Childhood: Prekindergarten-Grade 3 Content standards and Early Childhood: Prekindergarten-Grade 3 Science of Teaching Reading (STR) standards.

15. Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions, Subchapter B, Enforcement Actions and Guidelines, §249.12, Administrative Denial; Appeal, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition, §249.15, Disciplinary Action by State Board for Educator Certification, §249.17, Decision-Making Guidelines, and Subchapter D, Hearing Procedures, §249.35, Disposition Prior to Hearing; Default

This item presents the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions, Subchapter B, Enforcement Actions and Guidelines, §249.12, Administrative Denial; Appeal, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition, §249.15, Disciplinary Action by State Board for Educator Certification, §249.17, Decision-Making Guidelines, and Subchapter D, Hearing Procedures, §249.35, Disposition Prior to Hearing; Default. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 7, 85th Texas Legislature, Regular Session, 2017; set minimum sanctions for administrators who fail to report educator misconduct; clarify the reasons for which the SBEC can deny a certificate to an applicant; require reporting administrators to provide additional factual details in educator misconduct reports; and clarify the law that applies when educators default after failing to answer a petition.

16. Consider and Take Action on Principal and Teacher Surveys for Accountability System for Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and approve a principal survey of first-year teachers that more clearly describes the performance expectations for first-year teachers and more closely aligns with the Texas Teacher Evaluation and Support System (T-TESS) rubric. This item also provides the SBEC with an opportunity to discuss and approve a survey of new teachers that is also more closely aligned with the T-TESS rubric. The approved surveys will be piloted in Spring 2018. The principal and teacher surveys are factors in determining the performance of educator preparation programs (EPPs)in the Accountability System for Educator Preparation Programs (ASEP).

17. Consider and Take Appropriate Action on Request to Approve New Class of Certificate at East Texas Baptist University

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by East Texas Baptist University, an approved and accredited educator preparation program (EPP) located in Marshall, Texas, to offer the Superintendent class of certificate. Texas Education Agency (TEA) staff reviewed the proposal request and found that it complied with provisions of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Chapter 228, Requirements for Educator Preparation Programs, Chapter 229, Accountability System for Educator Preparation Programs, Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, and Chapter 242, Superintendent Certificate.

18. Approval of the SBEC Mission Statement and Core Principles

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and approve the Mission Statement and Core Principles.

DISCIPLINARY CASES

19. Pending or Contemplated Litigation, including Disciplinary Cases

A. Defaults

No Answer Defaults

1. In the Matter of Paul Davis; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: 1 year suspension

2. In the Matter of Malynda Schoppe Fischer; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: 1 year suspension

3. In the Matter of Jessica Wilhelm; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: 1 year suspension

4. In the Matter of Scott Christopher Challgren; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

5. In the Matter of Luis Pasos-Chirino; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

6. In the Matter of John Marcos Perez; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

7. In the Matter of Mary Ainsley Thigpen; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

8. In the Matter of Nathaniel Dwight Jackson; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

9. In the Matter of Luis Rodriguez; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

10. In the Matter of Gloria Micaela Aguilar; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

11. In the Matter of Alfredo Avalos; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

12. In the Matter of Amanda Bernal; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

13. In the Matter of Brandon Davis; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

14. In the Matter of Asceneth Guerrero; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

15. In the Matter of April R. Gunn; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

16. In the Matter of Phlicia Rashad Johnson; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

17. In the Matter of Mark Anthony Mask; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

18. In the Matter of Tarrell Tyler Matlock; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

19. In the Matter of Aaron M. Stevens; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

20. In the Matter of Lexia B. Ball; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: 3 year suspension and proof of successful completion of substance abuse treatment program

21. In the Matter of Traci Anne Brannan; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Permanent Revocation

22. In the Matter of Amanda B. Collett; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: 1 year suspension and proof of successful completion of substance abuse treatment program

23. In the Matter of Jennifer Finney; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: 2 year suspension and proof of successful completion of substance abuse treatment program

24. In the Matter of Jennifer Graham; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

25. In the Matter of Melissa Guerrero; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

26. In the Matter of Candace Kathleen Jacobs; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

27. In the Matter of Michelle Hernandez-Moreno; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: 2 year suspension and proof of successful completion of substance abuse treatment program

28. In the Matter of Vicente Leal, Jr.; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

29. In the Matter of Rachel Sambrano; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: 3 year suspension and proof of successful completion of substance abuse treatment program

30. In the Matter of Waltekia Mashae Shaw; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

31. In the Matter of Paula A. Trevino; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

32. In the Matter of Nancy Dianne Singler; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

33. In the Matter of Victoria Gauthier Steward; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

34. In the Matter of Tyler Davis; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

35. In the Matter of Donna Lynn Smith (Robertson); Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

36. In the Matter of Anthony Ray Veal; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

37. In the Matter of Kelly Ann Armstrong; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

38. In the Matter of Marie Elsa Rodriguez; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Revocation

SOAH Defaults

1. In the Matter of Jimmie Earl House; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: 2 year suspension

2. In the Matter of Solomon Brown; Action to be taken: Consideration of Issuance of Default Judgment

Staff recommendation: Denial of application for certification

B. Contested Cases

Proposals for Decision

1. Docket No. 701172672.EC, Texas Education Agency, Educator Leadership and Quality Division v. Sedrick Love; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Permanent Revocation

Staff Recommendation: Accept ALJ Recommendation

2. Docket No. 701173593.EC, Texas Education Agency, Educator Leadership and Quality Division v. Christopher Greene; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Inscribed Reprimand

Staff Recommendation: 2 year suspension

3. Docket No. 701171266.EC, Texas Education Agency, Educator Leadership and Quality Division v. Joel Trigo. Jr.; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Inscribed Reprimand

Staff Recommendation: Revocation

4. Docket No. 701171266.EC, Texas Education Agency, Educator Leadership and Quality Division v. Linda Hampton; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: No Disciplinary Action be Taken

Staff Recommendation: Accept ALJ Recommendation

5. Docket No. 701172750.EC, Texas Education Agency, Educator Leadership and Quality Division v. Gary “G” Floyd; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: No Disciplinary Action be Taken

Staff Recommendation: Accept ALJ Recommendation

C. Court Cases

District Court Cases

1. Leo Joseph Tran v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-16-001802, In the 126th District Court of Travis County, Texas.

2. Michael Jimenez v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-001964, In the 201st District Court of Travis County, Texas.

3. David Turner v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-002298, In the 250th District Court of Travis County, Texas.

4. Anna Luisa Kell v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-002347, In the 419th District Court of Travis County, Texas.

5. Norma Regina Gonzalez (a/k/a Gina Oaxaca) v. Texas Education Agency, Educator Standards Division; Cause No. D-1-GN-17-004263, In the 200th District Court of Travis County, Texas.

DISCUSSION ONLY

20. Discussion of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 1508, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations.

21. Discussion of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs.

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 7 and 1839 and House Bills (HBs) 2039, 3349, and 1963, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations.

22. Discussion of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments to 19 TAC §§233.1, 233.2, 233.3, 233.4, 233.5, 233.6, 233.7, 233.9, 233.10, 233.11, 233.12, 233.13, 233.14, and 233.15 would implement legislation from the 85th Texas Legislative Session to establish new certificates, identify any additional requirements to obtain certification and/or be eligible to teach specific courses, and provide guidance to districts on assignments. Additional proposed revisions would provide clarification and remove duplicative language.

23. Discussion of the Implementation of Senate Bill 1839 Data Sharing Provision

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss the implementation of the statutory requirements of Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017, related to data to be provided to educator preparation programs (EPPs). SB 1839 requires the Texas Education Agency (TEA) in
coordination with SBEC to solicit input from EPPs regarding what data TEA could provide to programs to help the program assess its impact and revise the program to improve the design and effectiveness of the program. Building upon the work TEA has done in recent years to compile and report data through the Accountability System for Educator Preparation Programs (ASEP) annual report, TEA plans to work with Educate Texas and other external entities to solicit input and recommendations regarding EPP data from a wide variety of stakeholders throughout the fall and winter of 2017.

INFORMATION ONLY

24. Board Operating Policies and Procedures (BOPP)

25. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules

26. Requests from Board Members for Future Agenda Items

27. Requests Received from the Board Since Last Meeting

28. Adjournment

The Board may go into closed session regarding any item on the agenda to the extent it is authorized to do so pursuant to the Texas Open Meetings Act, Texas Government Code, Chapter 551.