December 9, 2022 SBEC Meeting Agenda

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:

Moment of Silence

Pledge of Allegiance

1. Call to Order

2. Associate Commissioner’s Comments Regarding the SBEC Agenda

3. Special Election of State Board for Educator Certification Vice-Chairperson

The State Board for Educator Certification will elect a Vice-Chairperson during a special election as the result of a recent board member vacancy.

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

The consent agenda will take up agenda items 5 - 7 with no discussion as notated in bold and italicized. The State Board for Educator Certification may elect to take separate action on any item on the consent agenda. All such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.

5. Request to Approve September 29, 2022 Work Session Minutes

6. Request to Approve September 30, 2022 Board Meeting Minutes

7. Adoption of Review of 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

Texas Government Code (TGC), §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 233, Categories of Classroom Teaching Certificates. The rules under review establish separate certificate categories within the certificate class for the classroom teacher. These categories identify the content areas or special populations the holder may teach, the grade levels the holder may teach, and the earliest dates the certificates may be issued.

DISCUSSION AND ACTION

8. Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.25, Test Exemptions for Persons with a Hearing Impairment

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose an amendment to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.25, Test Exemptions for Persons with a Hearing Impairment. The proposed amendment would create a carve-out for the Science of Teaching Reading (STR) examination, removing the requirement that a candidate be unable to process only written linguistic information to allow an exemption; would remove the requirement that to qualify for an exemption, a person who is already certified in another state and seeking a one-year certificate in Texas must have a recommendation from an SBEC-approved Texas educator preparation program (EPP); and would eliminate the limitation that persons who qualify for an exemption to one certification examination cannot ever take another certification examination unless they have regained their ability to process written linguistic information.

9. Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

This item provides the State Board for Educator Certification (SBEC) an opportunity to propose amendments to 19 Texas Administrative Code (TAC) Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would remove certificates no longer issued by the SBEC; would strike, where applicable, language referencing deadlines for use of test scores for certificate issuance; would add three new special education certificates into rule; would update language specific to licensure requirements for cosmetology certification; and would propose the addition of a new foreign language certificate to the list of credentials issued by the SBEC. Technical changes would also provide clarification and consistent information related to the classroom teacher certificates issued by the SBEC.

10. Proposed Revisions to 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, and Subchapter D, Reading Specialist Certificate

This item provides the State Board for Educator Certification (SBEC) an opportunity to propose revisions to 19 Texas Administrative Code (TAC) Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, and Subchapter D, Reading Specialist Certificate. The proposed revisions would update the standards for the School Librarian and Reading Specialist certificates, would provide timelines for transitions for both certificates to the new standards for preparation purposes, and would provide technical edits as necessary. The proposed revisions reflect feedback provided by the SBEC-appointed advisory committees for the School Librarian and Reading Specialist certificates.

11. Implementation of HB 159 and Discussion of Teacher and Principal Surveys for Accountability System for Educator Preparation and Consumer Information Regarding Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to update language in the principal and teacher surveys to implement the statutory requirements of House Bill (HB) 159, 87th Texas Legislature, Regular Session, 2021. The updates would change the current definition for students with disabilities in the surveys to reflect language in the bill. The updates would also clarify the types of interactions with students that would qualify the principal or teacher to complete these sections. This item also provides the SBEC an opportunity to see the surveys’ results for the 2021-2022 academic year.

12. 2021–2022 Continuing Approval Reviews of Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve educator preparation programs (EPPs) for continuing approval for five years based on the results of the 2021-2022 reviews and an update on the status of current SBEC Agreed Orders.

13. Appointment of Committee Chair and Members to the SBEC EPP Commendations Committee

This item provides the State Board for Educator Certification (SBEC) Chair an opportunity to appoint a committee chair and members to the SBEC Educator Preparation Program (EPP) Commendations Committee. The Board committee recommends high-performing EPPs to the full Board for commendations.

DISCIPLINARY CASES

14. Pending or Contemplated Litigation, including Disciplinary Cases

1. Defaults

No Answer Defaults

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

Staff recommendation:            1-year suspension

2. In the Matter of Alexis Fields Ellis; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

5. In the Matter of Idiat Thomas; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

6. In the Matter of Joshua Arnett; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

8. In the Matter of Laurel Cummins; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

9. In the Matter of Sarai Lyons; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

10. In the Matter of Sherman Chamberlain; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

12. In the Matter of Tye Wilkerson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            10-year suspension and proof of successful completion of a substance abuse treatment program

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

Staff recommendation:            3-year suspension and proof of successful completion of a substance abuse treatment program

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

Staff recommendation:            3-year suspension and proof of successful completion of a substance abuse treatment program

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

Staff recommendation:            2-year suspension and proof of successful completion of a substance abuse treatment program

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

Staff recommendation:            2-year suspension and proof of successful completion of a substance abuse treatment program

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

Staff recommendation:            Permanent Revocation

20. In the Matter of Raul Chavira; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

21. In the Matter of Robert Bailey; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

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

Staff recommendation:            1-year suspension

23. In the Matter of Shawne Ware; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            10-year suspension

24. In the Matter of Lauren Neill; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            5-year suspension and proof of successful completion of                                                             a substance abuse treatment program

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

Staff recommendation:            Revocation

SOAH Defaults

1. In the Matter of Noelee Baca Cole; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            Permanent Revocation
 

2. Contested Cases

Proposals for Decision

1. Docket No. 701-21-2473.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Charles Michael Hall; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:          Accept ALJ recommendation

2. Docket No. 701-22-0587.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Clifton Goins; 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

 

3. Court Cases

District Court Cases

1. Bradley Keith Bowen v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; 03-22-00331-CV; In the Seventh Court of Appeals, Amarillo, Texas, on Appeal from Cause No. D-1-GN-18-004203, In the 98^th District Court of Travis County, Texas.
2. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. David Demiglio; No. 13-21-00331-CV; In the Court of Appeals for the Thirteenth Judicial District, Corpus Christi, Texas, On Appeal from Cause No. D-1-GN-20-001242, in the 353^rd Judicial District for Travis County, Texas.

 

DISCUSSION AND ACTION

15. Action on Alternative Performance Assessment Pathways for Educator Certification and Discussion of Teacher Performance Assessment Options

This item provides the State Board for Educator Certification (SBEC) the opportunity to discuss and consider directing Texas Education Agency (TEA) staff to initiate the process of creating a path for alternative performance assessments for educator certification for the Board’s consideration. This item also provides the SBEC with an opportunity to continue discussions regarding future rulemaking related to educator preparation program requirements, educator preparation program accountability, and educator certification requirements as they relate to teacher performance assessments.

DISCUSSION ONLY 

16. Discussion of Teacher Performance Assessment Implementation, Test Development Updates, and Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, and Subchapter C, Assessment of Educators

This item provides the State Board for Educator Certification (SBEC) an opportunity to provide feedback on proposed next steps to implement teacher performance assessment options as the pedagogy exam requirement, discuss updates on certification exam development to date and proposed plans for future exam development, and discuss amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, and Subchapter C, Assessment of Educators. The proposed amendments would redefine Pilot Exam; would provide a technical edit to align with the titles in subsections would specify the timeline by which a passing score on a certification exam can be used for certification purposes; would decrease the number of days to request a test limit waiver after an unsuccessful examination attempt; would update the figure specifying the required pedagogy certification exams for issuance of the probationary or standard certificate; and would remove certificate categories that are no longer operational.

17. Discussion of Effective Preparation Framework Development

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss the Board’s vision for educator preparation program (EPP) quality and an update on the process to develop an Effective Preparation Framework (EPF).

18. Discussion of A+ Texas Teachers Educator Preparation Program’s Agreed Order

This item provides the State Board for Educator Certification (SBEC) an update on A+ Texas Teachers’ (ATT) Agreed Order.

19. Discussion of Educator Preparation Program Complaints for 2021-2022

This item provides the State Board for Educator Certification (SBEC) an update on formal complaints processed by Texas Education Agency (TEA) educator preparation staff regarding educator preparation programs (EPPs) during the 2021-2022 academic year.

INFORMATION ONLY

20. Update of State Board for Educator Certification Enabling Legislation from the 87th Texas Legislature

21. Board Operating Policies and Procedures (BOPP)

22. 2019–2022 Rule Review Plan for State Board for Educator Certification Rules

23. Adjournment

24. Statutory Citations