August 4 2017 SBEC Agenda
State Board for Educator Certification Meeting Agenda
August 4, 2017 at 9:00 am
1701 N. Congress Ave. Room 1-104
August 4, 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 June 9, 2017 Board Meeting Minutes
DISCUSSION AND ACTION
This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, the proposed amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements, which would specify the Test of English as a Foreign Language internet-Based Test (TOEFL iBT) and the minimum scaled scores required for each section of the test to demonstrate English language proficiency for a candidate whose degree was earned outside the United States. The proposed amendment would also require all candidates who did not complete an undergraduate or graduate degree at an accredited institution of higher education in the United States to demonstrate English proficiency by achieving the minimum scaled scores on the TOEFL iBT.
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 recommends 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 review of Chapter 227. The rules being reviewed provide requirements for admission to educator preparation programs (EPPs) and preliminary evaluation of certification eligibility.
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 recommends 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 review of Chapter 228. The rules being reviewed provide requirements relating to educator preparation programs (EPPs).
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and take action on 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.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose an 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.
12. Consider and Take Action on Clinical Teaching Exception Request
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and take action on the request by the University of North Texas for an exception to the clinical teaching options described in SBEC rule (19 Texas Administrative Code (TAC) §228.35(e)(2)(A) and (B)) for the Teach North Texas Program. An exception must include an alternate requirement that will adequately prepare teacher candidates for certification and ensure the teacher is effective in the classroom. The TEA staff recommends that the SBEC approve the request with conditions.
13. Consider and Take Action on Educator Certification Structure Redesign Framework
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and approve the Educator Certification Structure Redesign Framework. The proposed grade bands, timeline, and action plan will serve as the road map for staff’s work in implementing the changes to guide upcoming work and SBEC action.
14. Discussion and Update on Classroom Teacher Standards Advisory Committee
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss an update from the Classroom Teacher Standards Advisory Committee the Board approved to develop and recommend educator standards for the classroom teacher certificate. The standards will be presented to the Board at a future meeting.
According to the Texas Education Code, §21.038, the State Board for Educator Certification (SBEC) shall meet at least once in each quarter of the calendar year. The SBEC may meet at other times at the call of the presiding officer or as provided by the rules of the Board. The purpose of this item is to set the regular SBEC meeting dates for 2018.
DISCIPLINARY CASES
16. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
No Answer Defaults
1. In the Matter of Claire Duncan; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
2. In the Matter of Shasta Ellen Green; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
3. In the Matter of Yvonne Gray; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
4. In the Matter of Catherine Grimes; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
5. In the Matter of Kean Jones; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
6. In the Matter of Omayra Mathews; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
7. In the Matter of Eronda Menifee; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
8. In the Matter of Hazel Morett; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
9. In the Matter of Ashley Quarles; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
10. In the Matter of Taysha Silva; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
11. In the Matter of Karen Vaquiz; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
12. In the Matter of Lori Welch; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
13. In the Matter of Molly Zaloudek; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
14. In the Matter of Steven Ray Ingle; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
15. In the Matter of James G. Self; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
16. In the Matter of Richard Phillip Winser; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
17. In the Matter of Anthony Wayne Collini; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
18. In the Matter of Linda Garcia; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
19. In the Matter of Bert S. Green; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
20. In the Matter of Theodora Elaine Heath; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
21. In the Matter of Kenneth Ray Johnson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
22. In the Matter of Vijayshri Katyayani; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
23. In the Matter of Cody McCoy; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
24. In the Matter of Frankie McDonald; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
25. In the Matter of Eilene Montalbo; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
26. In the Matter of Stormy L. Witter; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
27. In the Matter of Marisol Garcia Aguilar; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
28. In the Matter of Adriana Alejandra Avila; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
29. In the Matter of Dena Leslie Hamm; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
30. In the Matter of Edward Miles; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
31. In the Matter of Crystal Vanessa Morales; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
32. In the Matter of Shinika Haigood; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
33. In the Matter of Aimee Aldape; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
34. In the Matter of Britten 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
35. In the Matter of Pamela Nnabuife; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
36. In the Matter of Jennifer Anne Pettigrew; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
37. In the Matter of Tammy J. Sinclair; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
38. In the Matter of Melinda Solano; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
39. In the Matter of Michael Eugene Tedford; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
40. In the Matter of Kathi K. White; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
41. In the Matter of Lacy Michelle White; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
42. In the Matter of Carlos Vasquez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation of administrator certification and 4 year suspension of educator certification
SOAH Defaults
1. In the Matter of Alex Poole; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation of Paraprofessional certification and denial of application for educator certification
2. In the Matter of Shelly Vaughan; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
3. In the Matter of Moncheire Marie Bedford; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
B. Contested Cases
Proposals for Decision
1. Docket No. 701164350.EC, Texas Education Agency, Educator Leadership and Quality Division v. Dante Urquide-Meraz; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 year suspension
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.
The Board may discuss any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting
DISCUSSION ONLY
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries. The rules provide requirements relating to the certification of Texas educators from other countries.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss propose amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments to 19 TAC §§233.2, 233.3, 233.4, 233.6, 233.7, 233.8, 233.13, and 233.14 would implement legislation from the 85th Texas Legislative Session to update the list of courses eligible to be taught with these certificates, identify any additional requirements to obtain certification, provide guidance to districts on assignments, and establish a new certificate. Additional technical changes are being recommended for clarification purposes.
This item updates the State Board for Educator Certification (SBEC) on the development of 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 an update on the development of a survey of new teachers that is also more closely aligned with the T-TESS rubric. The principal and teacher surveys are factors in determining the performance of educator preparation programs (EPPs). Drafts of both surveys are included for SBEC review and discussion.
This item presents 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, and §249.17, Decision-Making Guidelines, for discussion. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 7, 85th Texas Legislature, Regular Session, 2017; clarify the reasons for which the SBEC can deny a certificate to an applicant; and require reporting administrators to provide additional factual details in educator misconduct reports.
INFORMATION ONLY
21. Board Operating Policies and Procedures (BOPP)
22. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules
23. Requests from Board Members for Future Agenda Items
24. Requests Received from the Board Since Last Meeting
25. 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.