February 21, 2020 SBEC Meeting Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
FEBRUARY 21, 2020 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 6, 2019 Board Meeting Minutes

DISCUSSION AND ACTION

5. Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates, Subchapter E, Educational Aide Certificate, and Subchapter G, Certificate Issuance Procedures

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 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, Subchapter E, Educational Aide Certificate, and Subchapter G, Certificate Issuance Procedures. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 3349, 85th Texas Legislature, Regular Session, 2017, and HB 3, 86th Texas Legislature, 2019. The proposed amendment to Subchapter C, Assessment of Educators, would reduce the amount of time for computer- and paper-based examination retakes from 45 to 30 days and would update the figure specifying the required test for issuance of the standard certification, including the removal of the master teacher certification class and the Principal: Early Childhood–Grade 12 certificate and the addition of Early Childhood–Grade 3 (EC–3), Science of Teaching Reading, and Trade and Industrial Workforce Training. The proposed amendment to Subchapter D, Types and Classes of Certificates Issued, would require the English as a Second Language Supplemental assessment for issuance of an intern certificate obtained through the intensive pre-service route. The proposed amendment to Subchapter E, Educational Aide Certificate, would allow the Educational Aide I certificate to be issued to high school students who have completed certain career and technical education courses. Proposed changes to Subchapter G, Certificate Issuance Procedures, would clarify that requests for certificate corrections be submitted to the Texas Education Agency (TEA) within six weeks from the original date of issuance. The proposed changes would also implement the requirement specified in statute that certified classroom teachers must complete training prior to receiving test approval for the Early Childhood: Prekindergarten–Grade 3 certificate. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

6. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 239, Student Services Certificates

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 adoption of review of 19 Texas Administrative Code (TAC) Chapter 239, Student Services Certificates. The rules under review set out SBEC’s authority and the procedures specify the requirements relating to the school counselor certificate, school librarian certificate, educational diagnostician certificate, and reading specialist certificate. These requirements ensure educators are qualified and professionally prepared to instruct the schoolchildren of Texas.

7. Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 232, General Certification Provisions

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions. The proposed revisions would implement the statutory requirements of House Bills (HBs) 18 and 403 and Senate Bills (SBs) 11 and 37, 86th Texas Legislature, 2019. The proposed revisions would provide continuing professional education instruction regarding mental health and substance abuse training; training requirements for superintendents regarding sexual abuse and human trafficking; and the removal of student loan default as grounds to deny the renewal of a certificate. Technical changes would also clarify processes and reorganize current provisions to improve readability and align citations.

8. Consider and Take Appropriate Action on Request to Approve 2018–2019 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 2018–2019 Accountability System for Educator Preparation Programs (ASEP) accreditation statuses for educator preparation programs (EPPs).

9. Consider and Take Appropriate Action on Request to Approve 2018–2019 Educator Preparation Program (EPP) Commendations

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2018–2019 commendations for educator preparation programs (EPPs).

10. Consider and Take Appropriate Action on Establishing a Board Committee to Review and Recommend Educator Preparation Programs for SBEC Commendations

This item provides the State Board for Educator Certification (SBEC) an opportunity to establish a Board committee to recommend high-performing educator preparation programs (EPPs) to the full Board for commendations.

11. Consider and Take Appropriate Action on Agreed Order to Close Intern Teacher ACP Alternative Certification Program

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve an agreed order to close Intern Teacher ACP Alternative Certification Program.

12. Revisions to the Board Operating Policies and Procedures (BOPP)

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

DISCIPLINARY CASES

13. Pending or Contemplated Litigation, including Disciplinary Cases

1. Defaults

     No Answer Defaults

1. In the Matter of Javad Ameri Sianaki; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

2. In the Matter of Robert Anthony Barnes; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

3. In the Matter of Kenneth A. Bauer; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

4. In the Matter of Sean Evans Berry; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

5. In the Matter of Albert W. Brown; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

6. In the Matter of Lisa T. Brown; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

7. In the Matter of Eason Christian Campbell; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

8. In the Matter of Megan Kristene Carmichael; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

9. In the Matter of Thomas R. DeRosa; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

10. In the Matter of Kimberly Leah Fielding; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

11. In the Matter of Avion Riley Frazier; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

12. In the Matter of Michael David Garcia; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

13. In the Matter of Sandy Rebecca Hogan; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

14. In the Matter of Marandia Ola Marie Kirkmon; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

15. In the Matter of Angela Leal; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

16. In the Matter of Angela T. Nguyen; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           Suspension of Probationary Certificate through expiration on August 12, 2020

18. In the Matter of Stephen Robertson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           Suspension of Intern Certificate through expiration on August 12, 2020

20. In the Matter of Josefina Sanchez-Moneny; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

21. In the Matter of Corey Senque Brown; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

22. In the Matter of James Robert Bunton; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

23. In the Matter of Sylvia M. Davis; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

24. In the Matter of Casey J. Green; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

25. In the Matter of Tammy Leanne McLeod; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

26. In the Matter of Garrett Spencer Perkins; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

27. In the Matter of Julio Esteban Ramirez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

28. In the Matter of Valerie Reyes Mojica; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

29. In the Matter of James Edward Smith; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

30. In the Matter of Tonya Sue Figueroa; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

31. In the Matter of Claudia Eglantina Focht; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

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

Staff recommendation:           Permanent Revocation

33. In the Matter of Christopher P. Henderson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

34. In the Matter of Cynthia A. Heredia; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

35. In the Matter of Gloria Jean Jacobs; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           2-year suspension

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

Staff recommendation:           3-year suspension

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

Staff recommendation:           Permanent Revocation

38. In the Matter of Leslie Ann Couch; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

39. In the Matter of Jo Ann Breckenridge Jackson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

40. In the Matter of Hollie Rochelle Grounds; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

41. In the Matter of Juan Felix Hernandez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

42. In the Matter of William Dwight McKissic; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

43. In the Matter of Lynette Lea Moore; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

44. In the Matter of Scott Allen Witzenburg; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

45. In the Matter of Andrea A. Brown; 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

46. In the Matter of Ryan Kersey; 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

47. In the Matter of Judith Farahi Martinez; 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

48. In the Matter of Mario Partida; 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

49. In the Matter of Kirk Vaughan Richardson; 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

50. In the Matter of Daiquiri Richard; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           2-year suspension

51. In the Matter of Bobby L. Green; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           2-year suspension

52. In the Matter of Christi Lynn Gallegos; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           2-year suspension

53. In the Matter of Cami Jo Rogers; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

    SOAH Defaults

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

Staff recommendation:           1-year suspension

2. In the Matter of Valdemar Stanley Herrera; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Denial of Certification

3. In the Matter of Bobbie J. Garrett a/k/a Bobbie J. Dunlap; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

4. In the Matter of Jennifer Munson; 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. Contested Cases

     Proposals for Decision

1. Docket No. 701195055.EC, Texas Education Agency, Educator Leadership and Quality Division v. Brandilyn N. Cooke; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Non-Inscribed Reprimand and classes

Staff Recommendation:         Inscribed Reprimand and proof of successful completion of 16 hours of classroom management classes

2. Docket No. 701196348.EC, Texas Education Agency, Educator Leadership and Quality Division v. Andrew Salazar; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Inscribed Reprimand

Staff Recommendation:         1-year suspension

3. Docket No. 701196437.EC, Texas Education Agency, Educator Leadership and Quality Division v. Giulio Romano; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Denial of certification

Staff Recommendation:         Accept ALJ recommendation

4. Docket No. 701195043EC, Texas Education Agency, Educator Leadership and Quality Division v. Aniete Daniel Akpan; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           No disciplinary action to be taken

Staff Recommendation:         Accept ALJ recommendation

5. Docket No. 701193197.EC, Texas Education Agency, Educator Leadership and Quality Division v. Thomas Walser; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation  

Staff Recommendation:         Accept ALJ Recommendation

3. 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 250^th District Court of Travis County, Texas.
2. Bradley Keith Bowen v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-004203, In the 98^th District Court of Travis County, Texas.
3. Blake Tittle v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-007716, In the 345^th District Court of Travis County, Texas.
4. Cynthia Maria Garcia v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-007719, In the 250^th District Court of Travis County, Texas.
5. Christopher Greene v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-000016, In the 345^th District Court of Travis County, Texas.
6. Gilbert Salas v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-19-008786, In the 345^th District Court of Travis County, Texas.
7. 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

14. Discussion of Proposed Amendments to 19 TAC Chapter 249, Decision-Making Guidelines

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 Texas Administrative Code (TAC) §249.17. The proposed revisions would add a new factor to the definition of good cause for contract abandonment and would add a cross-reference to the mitigating factors that the SBEC considers when evaluating a contract abandonment case.

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 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed revisions would implement the statutory requirements of House Bill (HB) 18, 86th Texas Legislature, 2019, provide specification for approval of teaching sites that are not Texas Education Agency (TEA) accredited public schools, provide guidance related to admitting and recommending candidates to programs that are closing or consolidating, provide guidance for internships/clinical teaching in the summer, add language for a dismissal policy for candidates who violate the code of ethics, provide simplified rule text for the reasons an Educator Preparation Program (EPP) would no longer support a candidate in an internship and the corresponding actions that must take place when a candidate leaves an internship, provide reordering and clarification for the number of observations that must total at least 135 minutes, and repeal the current Figure in 19 TAC §228.10(b)(1) that lists TAC requirements and replace it with a figure that provides broad categories of TAC requirements by chapter with evidence that is updated annually.

16. Discussion of Proposed Revisions to 19 TAC Chapter 235, Classroom Teacher Certification Standards

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 235, Classroom Teacher Certification Standards. The proposed revisions would specify the standards for the specialized Special Education certifications and the Bilingual Spanish certification. Technical changes would also implement the statutory requirements of House Bill 3, 86th Texas Legislature, 2019; provide implementation updates; and reorganize current provisions to improve readability.

17. Discussion of edTPA Pilot and Test Development Updates

This item provides the State Board for Educator Certification (SBEC) an update on the edTPA pilot and upcoming educator certification test development.

18. Discussion of Proposed Revisions 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 revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments. The proposed amendments would add the word “legacy” to all master teacher certificate references, would incorporate courses approved by the State Board of Education (SBOE), and would add certificate areas to the list of credentials appropriate for placement into an assignment.

INFORMATION ONLY

19. 2019–2022 Updated Rule Review Plan for State Board for Educator Certification Rules

20. Requests from Board Members for Future Agenda Items

21. Requests Received from the Board Since Last Meeting

22. 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.