February 22, 2019 SBEC Meeting Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
FEBRUARY 22, 2019 AT 8:30 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 December 7, 2018 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; Educator Standards, Testing, and Preparation; Educator Investigations; and Legal Services for the Fiscal Year (FY) 2018-2019.   

6. Consider and Take Appropriate Action on Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards   

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss and propose new 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards.  The proposed new rule would specify the certification standards for the English as a Second Language (ESL) Supplemental Certificate.

7. Consider and Take Appropriate Action on Proposed Review of 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions and Contested Cases 

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. This item presents for SBEC approval the proposed review of 19 Texas Administrative Code (TAC) Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The rules under review set out SBEC's authority and procedures for sanctioning certified educators and denying certification to unfit applicants.

8. Consider and Take Appropriate Action on Proposed Amendment to 19 TAC Chapter 241, Certification as Principal, Subchapter B, Principal Certificate, §241.41, General Provisions 

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose an amendment to 19 TAC Chapter 241, Certification as Principal, Subchapter B, Principal Certificate, §241.41, General Provisions. The proposed amendment would provide a deadline for candidates to qualify and apply for the current principal certification and to take the corresponding certification examination, after which time the Principal as Instructional Leader certificate will become the only principal certification available to candidates. This item also provides an update to the SBEC concerning the number of educator preparation programs (EPPs) that applied and have been presently approved to offer the new Principal as Instructional Leader (268) certification. 

9. Consider and Take Appropriate Action on Request to Approve 2017-2018 Accountability System for Educator Preparation Programs (ASEP) Accreditation Statuses 

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2017-2018 Accountability System for Educator Preparation Programs (ASEP) accreditation statuses for educator preparation programs (EPPs). 

10. Consider and Take Appropriate Action on Request to Approve New Class of Certificate at Harris County Department of Education

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by Harris County Department of Education, an approved and accredited educator preparation program (EPP) located in Houston, Texas, to offer the Superintendent class of certificate as part of their certificate inventory.

11. Annual Review of the Board Operating Policies and Procedures (BOPP)

This item provides the State Board for Educator Certification (SBEC) the opportunity to review the Board Operating Policies and Procedures (BOPP).

DISCIPLINARY CASES

12. Pending or Contemplated Litigation, including Disciplinary Cases

A. Defaults 

No Answer Defaults

1. In the Matter of Stanley Alexander, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

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

Staff recommendation:           1 year suspension

3. In the Matter of Eretta Yvette Brown Batts; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

4. In the Matter of Don E. Broyles; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

5. In the Matter of Maria Guadalupe Cosio; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

6. In the Matter of Christi Darlene Downes; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

7. In the Matter of Joycelyn Thomas Harris; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

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

Staff recommendation:           1 year suspension

9. In the Matter of Journey Dawn Martinez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension 

10. In the Matter of Nuria Miro Bargallo; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

11. In the Matter of Erika Y. Purnell; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

12. In the Matter of Cristal Rodriguez Olsen; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension 

13. In the Matter of Luis Daniel Semidey-Ramos; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

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

Staff recommendation:           1 year suspension

15. In the Matter of Charles Bryant Abraham; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

16. In the Matter of Acacia Grothues; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

17. In the Matter of Angela Greer Richardson; Action to be taken:  Consideration of Issuance of Default Judgment  

Staff recommendation:           Revocation 

18. In the Matter of Carmen Alicia Rojas; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

19. In the Matter of Robert Stone Ryan; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

20. In the Matter of Julie A. Clark; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation 

21. In the Matter of Roland D. Flannel; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           2 year suspension

22. In the Matter of Donald Ray Hamilton; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

23. In the Matter of Edward Charles Lewis; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

24. In the Matter of Maria Claudia Luevano; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

25. In the Matter of Michael Scott Schumacher; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

26. In the Matter of Robert Matthew Adams; 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

27. In the Matter of Kevaundre Boyd; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

28. In the Matter of Christopher Donaldson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation 

29. In the Matter of Amber LaShay Miller; 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 Jennifer Marie Reeves; 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

31. In the Matter of Alan Rhodes; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

32. In the Matter of Gwyn Elizabeth Ramos; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           2 year suspension 

33. In the Matter of Paula Kay Barnes; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

34. In the Matter of Lindsey Sabrina Perales; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

35. In the Matter of Derek M. Smith; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           2 year suspension

SOAH Defaults

1. In the Matter of James Montgomery; 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           

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

Staff recommendation:           Revocation

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

Staff recommendation:           Permanent Revocation

B. Contested Cases

Proposals for Decision

1. Docket No. 701184986.EC, Texas Education Agency, Educator Leadership and Quality Division v. Alexandria Carraman; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Inscribed Reprimand

Staff Recommendation:         2 year suspension

2. Docket No. 701184501.EC, Texas Education Agency, Educator Leadership and Quality Division v. James Vivian; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.  

ALJ Recommendation:           2 year suspension 

Staff Recommendation:         Permanent Revocation

3. Docket No. 701184695.EC, Texas Education Agency, Educator Leadership and Quality Division v. Lisa Stokes; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           1 year suspension

Staff Recommendation:         Revocation

4. Docket No. 701184922.EC, Texas Education Agency, Educator Leadership and Quality Division v. Quinton Abron; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:         Accept ALJ Recommendation

5. Docket No. 701183992.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jose Trujillo; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:         Accept ALJ recommendation

6. Docket No. 701185203.EC, Texas Education Agency, Educator Leadership and Quality Division v. Douglas Howard; 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. 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.

2. Joel Trigo v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-006874, In the 459th District Court of Travis County, Texas.

3. Bradley Keith Bowen v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-004203, In the 98th District Court of Travis County, Texas.

4. Blake Tittle v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-007716, In the 345th District Court of Travis County, Texas.

5. Cynthia Maria Garcia v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-007719, In the 250th District Court of Travis County, Texas.

6. Leo Joseph Tran v. Texas Education Agency, Educator Certification and Standards Division; Cause No. 03-18-00855-CV, In the Court of Appeals, Third District of Texas.

DISCUSSION ONLY

13. Discussion and Update on Teacher Certification Redesign

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss an update on the Teacher Certification Redesign, presented to the Board on August 2, October 5, and December 7, 2018 including substituting subject-matter only assessments for pre-admission content tests (PACT), the option of an intensive pre-service pathway towards certification, updating the current content exams, and the proposed piloting phase of edTPA, a performance-based portfolio assessment.

14. Discussion of Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed revisions would add clarification for select definitions and language for admission requirements for the Early Childhood through Grade 3 (EC-3) certificate and for the Trade and Industrial Workforce Training: Grades 6-12 certificate and would clarify the effective date.  The proposed revisions would provide clarity around subject-matter only assessments to be used for the pre-admission content tests.

15. Discussion of Proposed Revisions 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 revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs.  The proposed revisions would provide a definition for intensive pre-service training, create a new separate section for intensive pre-service requirements, provide an implementation date, provide the requirements for program name changes, and provide clarification for candidates seeking certification in two fields to have clinical teaching in the second field.

16. Discussion of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, §230.36. Intern Certificates and §230.37. Probationary Certificates and Subchapter G, Certificate Issuance Procedures, §230.101. Schedule of Fees for Certification Services

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, §230.36. Intern Certificates and §230.37. Probationary Certificates, and Subchapter G, Certificate Issuance Procedures, §230.101. Schedule of Fees for Certification Services. The proposed amendments would align the definitions for examinations with references used in chapter 227, update the chart specifying required tests for issuance of the standard certificate, create new requirements for issuance of intern and probationary certificates for the intensive pre-service option, and update the list of certification testing fees to include the performance-based assessment, edTPA, and content certification (subject-matter only) examinations.

17. Discussion of Proposed Amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments. The proposed amendments would incorporate courses approved by the State Board of Education (SBOE), include where applicable, 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 an assignment.

INFORMATION ONLY

18. 2019 - 2022 Rule Review Plan for State Board for Educator Certification Rules

19. Requests from Board Members for Future Agenda Items

20. Requests Received from the Board Since Last Meeting

21. 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.