December 11, 2015 SBEC Meeting Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION

MEETING AGENDA

December 11, 2015 at 9:00 a.m.

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 will allocate up to thirty (30) minutes at the beginning of each regularly scheduled meeting of the Board for public comment on any agenda or non-agenda item concerning SBEC business.

4.    Consider and Take Appropriate Action on Request to Approve October 16, 2015 Board Meeting Minutes

5.    Consider and Take Appropriate Action on Election of State Board for Educator Certification Officers (PDF 120 KB) 

Texas Education Code (TEC) requires that the State Board for Educator Certification (SBEC) elect one of its members to serve as presiding officer for a term of two years and allows the Board to elect other officers from among its membership. The Board Operating Policies and Procedures (BOPP) mandates that the Board elect a Chairperson, Vice-Chairperson, and Secretary according to the terms of the BOPP.

6.    Consider and Take Appropriate Action on Request to Approve Classroom Teacher Standards Advisory Committee Members (PDF 209 KB)  

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss and approve the membership of an advisory committee to recommend educator standards for the classroom teacher class of certificate. The committee would explore alternatives to the current process for development, review, and approval of educator standards, which define Educator Preparation Program (EPP) and certification testing requirements.

7.    Consider and Take Appropriate Action on Approval of a Change to the 2015-2018 Rule Review Plan for State Board for Educator Certification Rules (PDF 67 KB)  

The State Board for Educator Certification (SBEC) will have an opportunity to discuss and approve a change to the 2015-2018 Rule Review Plan for SBEC Rules that would modify the date for beginning the review of 19 TAC Chapter 239, Student Services Certificates. The proposed change is based on SBEC's request to accelerate the review of this chapter. Texas Government Code, §2001.039, requires the rule review of existing state agency rules, including SBEC rules. The rule review requirement is designed to ensure that the reasons for initially adopting a rule continue to exist.

8.    Consider and Take Appropriate Action on Adoption of Proposed Amendment to 19 TAC Chapter 242, Superintendent Certificate, §242.20, Requirements for the Issuance of the Standard Superintendent Certificate (PDF 86 KB)  

Texas Education Code (TEC), §21.042, requires the State Board for Educator Certification (SBEC) to submit a written copy of each rule it proposes to adopt to the State Board of Education (SBOE) for review. At its November 2015 meeting, the SBOE is scheduled to review the proposed amendment to 19 TAC Chapter 242, Superintendent Certificate, §242.20, Requirements for the Issuance of the Standard Superintendent Certificate; however, at the time this item was prepared, the November 2015 SBOE meeting had not been held. This item provides the SBEC an opportunity to discuss and reconsider the action taken at the October 2015 meeting to adopt, subject to SBOE review, the proposed amendment to 19 TAC §242.20 in the event the SBOE rejects the amendment.

9.    Consider and Take Appropriate Action on Adoption of Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidate (PDF 323 KB)  

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 227, Provisions for Educator Preparation Candidates. The proposed amendments to 19 TAC §§227.1, 227.5, 227.10, 227.15, and 227.20 and proposed new 19 TAC §227.17 and §227.19 would include changes as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which required the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). In addition, HBs 1300 and 2205, 84th Texas Legislature, Regular Session, 2015, would be addressed. The proposed revisions would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state. The proposed amendments to 19 TAC §§227.103, 227.105, and 227.107 would reflect conforming technical edits. Changes are recommended to the proposed amendments to 19 TAC §227.10 and §227.17 as published.

10.  Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments,Subchapter B, Prekindergarten-Grade 6 Assignments, Subchapter C, Grades6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, and Subchapter E, Grades 9-12 Assignments (PDF 86 KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, and Subchapter E, Grades 9-12 Assignments. The proposed amendments to 19 TAC §§231.5, 231.11, 231.77, 231.91, 231.209, 231.253, 231.257, 231.333, 231.335, 231.337, 231.481, 231.483, 231.489, and 231.579 would clarify the appropriate credential for placement in a particular teaching assignment and implement applicable requirements from the 84th Texas Legislature, Regular Session, 2015.

11.  Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates (PDF 159 KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments to 19 TAC §§233.1, 233.3-233.5, 233.7, 233.10, 233.14, and 233.15 would update the list of classroom certificates that either are eligible for issuance or that would continue to be recognized if they were issued prior to being phased out. Proposed new 19 TAC §233.17 would establish a new Junior Reserve Officer Training Corps: Grades 6-12 certificate.

12.  Update and Report of the SBEC Board Committee on Educator Discipline (PDF 271 KB)  

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the report and recommendations of the Committee on Educator Discipline regarding the SBEC’s process for investigating and disciplining certified educators.

13.  Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.5, Purpose; Policy Governing Disciplinary Proceedings; Subchapter  B, Enforcement Actions and Guidelines,  §249.15, Disciplinary Action by State Board for Educator Certification, and §249.17, Decision-Making Guidelines; and Subchapter D, Hearing Procedures, §249.35, Disposition Prior to Hearing; Default (PDF 202 KB)  

This item provides 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, §249.5, Purpose; Policy Governing Disciplinary Proceedings; Subchapter B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification, and §249.17, Decision-Making Guidelines; and Subchapter D, Hearing Procedures, §249.35, Disposition Prior to Hearing; Default. The proposed amendments to 19 TAC §§249.5, 249.15, 249.17, and 249.35 would create more specific penalty guidelines for Texas Education Agency (TEA) staff to follow in settling or prosecuting educator discipline cases. In addition, the proposed amendments would set out the process that the SBEC will use when the State Office of Administrative Hearings (SOAH) dismisses and remands a case in accordance with Texas Government Code, §2001.058(d-1), as amended by House Bill (HB) 2154, 84th Texas Legislature, Regular Session, 2015, after a respondent fails to appear for a contested case hearing.

14.  Consider and Take Appropriate Action to Approve State Board for Educator Certification Disciplinary Policy (PDF 193 KB)  

This item provides the State Board for Educator Certification (SBEC) the opportunity to review and approve changes to the SBEC Disciplinary Policy proposed by the SBEC Committee on Educator Discipline.

15.  Consider and Take Appropriate Action on Written Delegation of Settlement Authority for Educator Discipline Cases to the Commissioner of Education (PDF 81 KB) 

This item provides the State Board for Educator Certification (SBEC) the opportunity to delegate its authority to informally dispose of contested cases involving educator discipline to the Commissioner of Education.

16.  Pending or Contemplated Litigation, including Disciplinary Cases and Agreed Orders

A.   Defaults

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

 Staff recommendation:     1 Year Suspension

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

 Staff recommendation:     1 Year Suspension

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

 Staff recommendation:     1 Year Suspension

 4.    In the Matter of Marissa Lowe; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     1 Year Suspension

 5.    In the Matter of Kimberly Diane Parker; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     1 Year Suspension

6.    In the Matter of Nicholas W. Pavlow; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     1 Year Suspension

 7.    In the Matter of Carmen Rios; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     1 Year Suspension

 8.    In the Matter of Dawn T. Thorton; Action to be taken:  Consideration of Issuance of Default Judgment.

 Staff recommendation:     1 Year Suspension

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

 Staff recommendation:     Revocation

 10.  In the Matter of Bridgette Michelle Henry; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Revocation

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

Staff recommendation:     Revocation

12.  In the Matter of Edith Fabiola Ramirez; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Revocation

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

 Staff recommendation:     Revocation

 14.  In the Matter of Shelby Annette Martinez; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Revocation

 15.  In the Matter of Rachel Ferree Watson; 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,

 16.  In the Matter of Olita Nixon Whiteside; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     4 Year Suspension and proof of successful completion of substance abuse treatment program

 17.  In the Matter of William Edward Higgins; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Permanent Revocation

 18.  In the Matter of Shonda DeLaTorre (Warren); Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     4 Year Suspension and proof of successful completion of substance abuse treatment program

 19.  In the Matter of Terrence White; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Revocation

 20.  In the Matter of Adriana R. Estevis; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Revocation

 21.  In the Matter of Helen Denise Pouncey; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     4 Year Suspension and proof of successful completion of substance abuse treatment program

 22.  In the Matter of Brian Townsend; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     5 Year Suspension and proof of successful completion of substance abuse treatment program

 23.  In the Matter of Flicka Colleen Croley (Marshall); Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Revocation

 24.  In the Matter of Daniel C. Williams; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Revocation

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

 Staff recommendation:     Revocation

 26.  In the Matter of Maryanne Deveau; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Revocation

 27.  In the Matter of Ruby H. Gunner; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Revocation

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

 Staff recommendation:     Revocation

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

 Staff recommendation:     Permanent Revocation

 30.  In the Matter of Christopher James Thompson; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Permanent Revocation

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

 Staff recommendation:     Permanent Revocation

 32.  In the Matter of Maria Irene Ramirez; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Revocation

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

 Staff recommendation:     Revocation

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

 Staff recommendation:     Permanent Revocation

 35.  In the Matter of Michael McLellan; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Permanent Revocation

 36.  In the Matter of Daniel Valdez; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Permanent Revocation

 37.  In the Matter of Amie Naranjo; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Permanent Revocation

 38.  In the Matter of Adam-Michael Billy; Action to be taken:  Consideration of Issuance of Default Judgment

 Staff recommendation:     Permanent Revocation

B.  Agreed Orders

I.      Investigations

1.    In the Matter of Mason L. Adams
 

2.    In the Matter of Virginia Lee Austin

3.    In the Matter of Ary H Bolanos

4.    In the Matter of Link Eckhardt Chalon

5.    In the Matter of Michael Cooney

6.    In the Matter of Robert Girgis

7.    In the Matter of Raul Hernandez

8.    In the Matter of Jeffrey L. Laroux

9.    In the Matter of Betty Ann Nelson

10.  In the Matter of Michele R Rouse

11.  In the Matter of Javier Francisco Soriano

12.  In the Matter of Briana Claire Streit

13.  In the Matter of Juan Jose Albarran

14.  In the Matter of Martin R. Benitez

15.  In the Matter of Bryan O'neal Bowling

16.  In the Matter of Heather Marie Harvey

17.  In the Matter of Joe Mendez

18.  In the Matter of Kayla Collier

19.  In the Matter of Jane Carolyn Foltyn

20.  In the Matter of Charles Gray

21.  In the Matter of Juan Luna-Gaona

22.  In the Matter of Brandon Pedraza

23.  In the Matter of Damon Cole

II.    Legal

1.    In the Matter of Dana Azar

2.    In the Matter of Christopher Bean

3.    In the Matter of James W. Bell

4.    In the Matter of John Biros

5.    In the Matter of Anna J. Bussell

6.    In the Matter of Katie Chapman

7.    In the Matter of Stacey Fivecoat

8.    In the Matter of Karen Graham

9.    In the Matter of Hannah Green

10.  In the Matter of Patricia Jones

11.  In the Matter of Edith Martinez

12.  In the Matter of Nathan Nicholas

13.  In the Matter of Kelley Raborn

14.  In the Matter of Brandi Van Huss

15.  In the Matter of Carol Ann Wilson

16.  In the Matter of Linda Young

17.  In the Matter of Rosa Elva Perez

18.  In the Matter of Thea Clarice Thompson

19.  In the Matter of Leo Cavazos

20.  In the Matter of Arthur Hicks

21.  In the Matter of Carl Williams

22.  In the Matter of Elise Ramson

23.  In the Matter of Jeannie L. Carter

24.  In the Matter of Leicha Shaver

25.  In the Matter of Kevin DeJuan Joyner

26.  In the Matter of Carl Byers

C.   Contested Cases     

I.      Proposals for Decision

Docket No. 701153927.EC, Texas Education Agency, Educator Leadership and Quality Division v. Betty Jean Lyons; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:   3 year suspension concurrent with period of community supervision

Staff Recommendation:  Same

II.    Motions for Rehearing

None.

D.  Court Cases

I.      District Court Cases

1.   Barry Ryan Davis v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-12003413, In the 201st District Court of Travis County, Texas.

2.   Elizabeth Kiel v. Texas Education Agency, Educator Certification and Standards Division; Cause No. B-192236, In the 60th District Court of Jefferson County, Texas.

II.   Appellate Cases             

 1.    State Board for Educator Certification v. Robert D. Lange; Cause No. 031200453-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.

2.   State Board for Educator Certification v. Erasmo Montalvo; Cause No. 031300370-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.

  17.  Discussion of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF 437 KB)  

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the provisions in 19 TAC Chapter 228, Requirements for Educator Preparation Programs.  As part of this item, Texas Education Agency (TEA) staff will provide an update and status to allow the SBEC to discuss possible revisions to the rules as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at TEA.

18.  Discussion of Proposed Revisions to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs (PDF 588 KB)  

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions in 19 TAC Chapter 229, Accountability System for Educator Preparation Programs. As part of this item, Texas Education Agency (TEA) staff will provide an update and status to allow the SBEC to discuss the proposed amendments and/or revisions to the rules as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at TEA.

19.  Discussion of Proposed Changes to 19 TAC Chapter 230, Professional Educator Preparation and Certification (PDF 390 KB)  

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss possible changes to Chapter 230, Professional Educator Preparation and Certification. Chapter 230 provides information relating to general provisions; general certification requirements; assessment of educators; types and classes of certificates issued; educational aide certificates; permits; certificate issuance procedures; and Texas educator certificates based on certification and college credentials from other states or territories of the United States. The rules currently in effect in 19 TAC Chapter 230 are shown in Attachment III.

20.  Discussion of Proposed Revisions to 19 TAC Chapter 232, General Certification Provisions (PDF 110 KB)  

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 TAC Chapter 232, General Certification Provisions. The proposed revisions would implement the requirement from the 84th Texas Legislature, Regular Session, 2015, to allow educators to receive credit for completion of an instructional course on the use of an automated external defibrillator (AED) and would further clarify certificate renewal and continuing professional education (CPE) requirements and national criminal history record information review of active certificate holders.

21.  Discussion of Proposed New 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans (PDF 132 KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed new 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans.  The proposed new chapter would address recent legislation, consolidate rules specific to the military community into one chapter, and streamline future military-related rulemaking opportunities.

22.  Discussion of 19 TAC Chapter 241, Principal Certificate, §241.15, Standards Required for the Principal Certificate (PDF 202 KB)  

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss 19 TAC Chapter 241, Principal Certificate, §241.15, Standards Required for the Principal Certificate, in response to stakeholder recommendations. The rule changes would update the standards required for principal certification, including those standards taught by principal preparation programs and tested on the state certification examination.

23.  Update on Educator Investigations         

 This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss updates provided by the Division of Educator Investigations for the first quarter of Fiscal Year (FY) 2015-2016.

24.  Update on Legal Contested Case Docket

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss updates provided by the Division of Legal Services for the first quarter of fiscal year 2015-2016.

25.  Board Operating Policies and Procedures (BOPP) (PDF 447)

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.