December 7, 2018 SBEC Meeting Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
DECEMBER 7, 2018 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
 
This item provides the State Board for Educator Certification (SBEC) an opportunity to recognize the educator preparation programs (EPPs) at Region 4 Education Service Center (ESC) INSPIRE TEXAS and Yes Prep Public Schools.
 
4. 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 
 

DISCUSSION AND ACTION

 
This item provides the State Board for Educator Certification (SBEC) with an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed revisions to 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards. The proposed revisions would add the Texas Essential Knowledge and Skills (TEKS)-based certification standards; would add reference to the new certification standards for the Trade and Industrial Workforce Training: Grades 6-12 certificate to implement the statutory requirements of House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017; and would clarify the effective date of Subchapter D.  No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

 
This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status. The proposed amendment to 19 TAC §229.4 would adjust the performance standard for the accountability indicator for principal appraisals, would clarify performance standards, and would remove outdated provisions. An additional change is recommended to 19 TAC §229.4 since published as proposed.

 
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and approve changes to the principal survey of first-year teachers and to the new teacher survey that were approved in Fall 2017 and 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).

 
This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a petition for rulemaking on 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.15, Languages Other Than English, filed pursuant to Texas Government Code, §2001.021. The petitioner requests an amendment to 19 TAC §233.15, Languages Other Than English, to add a new certificate for Tamil. The SBEC must either deny the petition or direct the Texas Education Agency (TEA) staff to initiate rulemaking proceedings.


This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by Relay Graduate School of Education (Relay GSE), an approved and accredited educator preparation program (EPP) located in Houston, Texas, to offer the Principal as Instructional Leader EC-12 certificate in the Principal certificate class. Texas Education Agency (TEA) staff reviewed the proposal 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 241, Principal Certificate.

 
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, and October 5, 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 phase-in of edTPA, a performance-based portfolio assessment.
 

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and approve priorities for the upcoming 86th Texas Legislature.
 
DISCIPLINARY CASES


A. Defaults

No Answer Defaults
 
1. In the Matter of Edgar Ivan Bustillos Lopez; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: 1 year suspension
 
2. In the Matter of Lee Annette Renfro; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: 1 year suspension
 
3. In the Matter of Cary Neal Richmond; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: 1 year suspension
 
4. In the Matter of Odis Cook; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation 
 
5. In the Matter of Timothy Kenebrew; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation 
 
6. In the Matter of Derek Lancaster; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation 
 
7. In the Matter of Sergio Martinez, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation 
 
8. In the Matter of Alberlardo Victor Torres, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation 
 
9. In the Matter of Ervin Fisher, III; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: 1 year suspension
 
10. In the Matter of Jacquingamen L. Alexander; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation
 
11. In the Matter of Rachel D. Black; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
12. In the Matter of Wyvonne De Lon Boyd; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
13. In the Matter of Brennan Casey; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: 1 year suspension
 
14. In the Matter of Shane Collins; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
15. In the Matter of Terica Gizelle Davis; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
16. In the Matter of Steven T. Flores; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation
 
17. In the Matter of Chason Lee Hale; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: 2 year suspension
 
18. In the Matter of Dylan Thomas Hollingsworth; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation
 
19. In the Matter of Sarvella Jackson; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation
 
20. In the Matter of Britney L. Orville; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation
 
21. In the Matter of Lorena Ovalles; 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 
 
22. In the Matter of Michael T. Sheehan; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: 3 year suspension
 
23. In the Matter of Andrea Talley; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
24. In the Matter of Robert Webb; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
25. In the Matter of Matthew Kyle Atchison; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
26. In the Matter of Raul Castillo; 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
 
27. In the Matter of Amanda Mae Brown Clayton; 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
 
28. In the Matter of Armando Flores; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
29. In the Matter of Janet Michelle Foster; 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 Jorge Guajardo; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation 
 
31. In the Matter of Kevin Hooey; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
32. In the Matter of Deshawn Knighten; 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
 
33. In the Matter of Robert J. Merren; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
34. In the Matter of Jacob Cole Peralta; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
35. In the Matter of Tonya Ann Pierce; 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
 
36. In the Matter of Michael Bryan Rasmussen; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
37. In the Matter of Kerri Jean Rodriguez; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
38. In the Matter of Morris Stephens; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
39. In the Matter of Kyla Tucker; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation 
 
40. In the Matter of Heather Paige Turnbow; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
41. In the Matter of Richard Zavala; 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
 
42. In the Matter of Adela Cruz; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
43. In the Matter of Rachel Mueck; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: 3 year suspension 
 
44. In the Matter of Leslie Price; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
SOAH Defaults
 
1. In the Matter of Melinda Key; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: 1 year suspension
 
2. In the Matter of Deidra Combs; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Permanent Revocation
 
3. In the Matter of Daniel Weaver; Action to be taken:  Consideration of Issuance of Default Judgment
 
Staff recommendation: Revocation
 
B. Contested Cases
 
Proposals for Decision
 
1. Docket No. 701182774.EC, Texas Education Agency, Educator Leadership and Quality Division v. Kirvis Fontenot; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.
 
ALJ Recommendation: No Disciplinary Action be Taken 
 
Staff Recommendation: Suspension from date of Board Order until March 1, 2022
 
2. Docket No. 701181459.EC, Texas Education Agency, Educator Leadership and Quality Division v. Adrian Charles Woodson; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.
 
ALJ Recommendation: Permanent Revocation
 
Staff Recommendation: Accept ALJ Recommendation
 
3. Docket No. 701181896.EC, Texas Education Agency, Educator Leadership and Quality Division v. Albert F. Reese; 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
 
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. 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.
 
3. 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.
 
4. 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.
 
5. 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. 
 
DISCUSSION ONLY

 
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs. Chapter 229 establishes the performance standards and procedures for educator preparation program (EPP) accountability. The topics to be addressed during this discussion item include examination pass rates, commendations for high performing EPPs, calculation of accreditation determination, the accreditation status of a certification class or category, action plans, and adopting the accountability manual into rule.
 
 
This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss proposed new 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter E, All-level Certificate Standards.  The proposed new rule would specify the certification standards for the English as Second Language (EC-12) Certificate.
 
 
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 implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 3349, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations. The proposed revisions would add clarification for select definitions and would add 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 in Subchapter A.  The proposed revisions would provide clarity around subject-matter only assessments to be used for the pre-admission content tests.  

 
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, and provide clarification for candidates seeking certification in two fields to have clinical teaching in the second field.
 
 
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 D, Types and Classes of Certificates Issued, §230.36. Intern Certificates and §230.37. Probationary Certificates, and Subchapter G, Certificate Issuance Procedures, §230.105. Additional Certificates Based on Examination. The proposed amendments would create new options for issuance of intern and probationary certificates for candidates who complete intensive pre-service. The item also highlights issues specific to additional certification by examination for consideration by the SBEC.
 
INFORMATION ONLY



21. Requests from Board Members for Future Agenda Items

22. Requests Received from the Board Since Last Meeting 

23. 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.