February 11, 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. 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 6-14 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such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.

4. Request to Approve December 10, 2021 Board Meeting Minutes

5. Adoption of Review of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs

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 229, Accountability System for Educator Preparation Programs. The rules being reviewed provide requirements for the accountability system for educator preparation programs (EPPs), including the assignment of an EPP accreditation status, and allow the SBEC to intervene in cases of low performance.

6. Adoption of Review of 19 TAC Chapter 247, Educator's Code of Ethics

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 247, Educator's Code of Ethics.  The rules being reviewed provide the code of ethics for Texas educators.

7. Adoption of Review of 19 TAC Chapter 250, Administration

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 250, Administration. The rules being reviewed establish procedures for SBEC purchasing and for handling petitions for the adoption of rules that the SBEC receives.

8. Adoption of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.2 Definitions, §228.10, Approval Process, §228.30 Educator Preparation Curriculum and §228.35, Preparation Program Coursework and/or Training

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 228, Requirements for Educator Preparation Programs, §228.2, Definitions, §228.10, Approval Process, §228.30, Educator Preparation Curriculum, and §228.35, Preparation Program Coursework and/or Training. The proposed amendments would implement Senate Bills (SBs) 226 and 1590 and House Bills (HBs) 139 and 159, 87th Texas Legislature, Regular Session, 2021. The proposed amendments would allow educator preparation programs (EPPs) the flexibility to conduct certain required formal observations virtually; would provide for training requirements for all educators with regard to students with disabilities and virtual instruction and virtual learning; and would allow service members, spouses, and veterans to get credit toward educator certification requirements for clinical and professional experience. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

9. Adoption of Proposed Amendments to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements

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 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 199, 1267, and 2066, 87th Texas Legislature, Regular Session, 2021. The proposed amendments would require that all educators receive continuing professional education (CPE) training in educating students with disabilities; would update the CPE training requirements for classroom teachers, principals, and school counselors; and would provide for the SBEC to determine the training guidelines for CPE credit regarding the use of an automated external defibrillator (AED). The proposed amendments would also allow for a school district to request a hardship exemption for an educator who has an invalid certificate due to not having the required CPE hours for certificate renewal; would require educators to receive dyslexia training for certificate renewal; and would add CPE activities to the list of topics that educators can receive for certificate renewal. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

10. Adoption of Proposed Amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries

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 245, Certification of Educators from Other Countries. The proposed amendments would update the requirements for certification of educators from other countries. The proposed amendments reflect guidance provided by the SBEC at the July 2021 meeting. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

11. Adoption of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States

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 H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. Chapter 230, Subchapter H, serves as a foundation for the practices and procedures related to issuance of Texas certification to individuals licensed in other states. The proposed amendments would provide clarification and updates to requirements for individuals licensed in other states to obtain a standard Texas educator 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.

12. Proposed Review of 19 TAC Chapter 235, Classroom Teacher Certification Standards

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 proposed review of 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards. The rules being reviewed specify the educator standards for the classroom teacher class of certificates.

13. Proposed Review of 19 TAC Chapter 241, Certification as Principal

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 proposed review of 19 Texas Administrative Code (TAC) Chapter 241, Certification as Principal. The rules being reviewed provide requirements for issuance of a principal certificate.

14. Proposed Review of 19 TAC Chapter 242, Superintendent Certificate

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 proposed review of 19 Texas Administrative Code (TAC) Chapter 242, Superintendent Certificate. The rules being reviewed provide requirements relating to the certification of superintendents.

15. Proposed Amendment to 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes

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 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment would update the SBEC’s petition procedures to allow for increased ease in submitting a petition for rulemaking for the SBEC’s consideration.

16. 2020–2021 Continuing Approval Reviews of Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve educator preparation programs for continuing approval for five years based on the results of the 2020-2021 reviews.

17. Request to Approve New Class of Certificate at Region 10 Education Service Center

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by Region 10 Education Service Center, an approved educator preparation program (EPP), located in Richardson, Texas, to offer the Principal as Instructional Leader class of certificate as part of their certificate inventory. 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, and Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements.

DISCUSSION AND ACTION

18. Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; and Subchapter E, Grades 9–12 Assignments

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments; Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; and Subchapter E, Grades 9–12 Assignments. The proposed revisions would incorporate courses approved by the State Board of Education (SBOE), would add certificate areas to the list of credentials appropriate for placement into an assignment, and would incorporate technical edits where needed to improve readability and align citations.

19. Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment

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, §230.21, Educator Assessment. The proposed amendment would specify the timeline by which a passing score on a certification exam can be used for certification purposes; 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.

20. Request to Approve 2020-2021 Accountability System for Educator Preparation (ASEP) Accreditation Statuses

This item provides the State Board for Education (SBEC) the opportunity to approve the proposed 2020-2021 Accountability System for Educator Preparation (ASEP) accreditation statuses for educator preparation programs (EPPs).

21. Request to Approve 2020–2021 Educator Preparation Program (EPP) Commendations

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2020–2021 commendations for educator preparation programs (EPPs).

22. Approval of Agreed Order for Lubbock Christian University Educator Preparation Program

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve an agreed order for Lubbock Christian University (LCU) educator preparation program (EPP) to continue to operate with conditions.

DISCIPLINARY CASES

23. Pending or Contemplated Litigation, including Disciplinary Cases

1. Defaults

No Answer Defaults

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

4. In the Matter of Ryan Joel Pena; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           Revocation

7. In the Matter of Bernard Bell, Sr.; Action to be taken:  Consideration of Issuance of Default Judgment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Staff recommendation:           1-year suspension and successful completion of substance abuse treatment program

15. In the Matter of Leala Anthony-Aycock; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

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

Staff recommendation:           Permanent Revocation

17. In the Matter of Nicholas Velasquez-Cone; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

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

Staff recommendation:           Revocation

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

Staff recommendation:           2-year suspension

20. In the Matter of Joshua B. Wallace; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

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

Staff recommendation:           Permanent Revocation

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

Staff recommendation:           Permanent Revocation

23. In the Matter of Jill B. Strawbridge; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

24. In the Matter of John R. Sanders; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

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

Staff recommendation:           Permanent Revocation

26. In the Matter of Nola F. Smith Tatum; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

27. In the Matter of Laura Christian; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           4-year suspension

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

Staff recommendation:           18-month suspension

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

Staff recommendation:           Revocation

SOAH Defaults

1. In the Matter of Gregory Nicholson; Action to be taken:  Consideration of Issuance of Default Judgmen
   
   Staff recommendation:           1-year suspension
    
2. In the Matter of Jeffrey Lewis; Action to be taken:  Consideration of Issuance of Default Judgmen
   
   Staff recommendation:           2-year suspension
    
3. In the Matter of Paul Coleman; Action to be taken:  Consideration of Issuance of Default Judgment
   
   Staff recommendation:           Permanent Revocation 
    
4. Contested Cases

Proposals for Decision

1. Docket No. 701-21-0443.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Michael T. Gauen; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Non-Inscribed Reprimand

Staff Recommendation:         2-year suspension

2. Docket No. 701-21-1915.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Gabriel Ginithan; 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. 701-21-2749.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Ramona Kolacz; 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. David Turner v. Texas Education Agency, Educator Preparation, Certification, and Enforcement 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 Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-18-004203, In the 98^th District Court of Travis County, Texas.
3. Jamie Belinoski v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-19-002926, In the 53^rd District Court of Travis County, Texas.
4. David Demiglio v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-20-001242, In the 459^th District Court of Travis County, Texas.

DISCUSSION ONLY

24. 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.

25. Discussion of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter E, Educational Aide Certificate §230.55 Certification Requirements for Educational Aide I

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter E, Educational Aide Certificate. The proposed amendments would update requirements for issuance of the Educational Aide I certificate to high school students who qualify for industry-based certification.

INFORMATION ONLY

26. Update of State Board for Educator Certification Enabling Legislation from he 87th Texas Legislature

27. Board Operating Policies and Procedures (BOPP)

28. 2019–2022 Rule Review Plan for State Board for Educator Certification Rules

29. Adjournment