December 7-8, 2023 SBEC Meeting Agenda

State Board for Educator Certification

Meeting Agenda

December 7, 2023 at 1:00 pm

December 8, 2023 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:

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 comments 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 4 - 8 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such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.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 September 29, 2023 Meeting Minutes

5. Adoption of Proposed Amendments to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.7, Requirements for Certificate Renewal, and §232.11, Number and Content of Required Continuing Professional Education Hours

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.7, Requirements for Certificate Renewal, and §232.11, Number and Content of Required Continuing Professional Education Hours. The proposed amendments would provide minor technical edits to clarify the existing hardship exemption processes established in rule, would implement the statutory requirements of House Bill (HB) 2929, 88th Texas Legislature, Regular Session, 2023, and would update the continuing professional education (CPE) training requirements to remove the limit on certain professional development hours that can be completed by classroom teachers and school counselors every five years for the purposes of standard certificate renewal.

6. Adoption of Proposed Revisions to 19 TAC Chapter 234, 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 Texas Administrative Code (TAC) Chapter 234, Military Service Members, Military Spouses, and Military Veterans. The proposed revisions would implement Senate Bills (SBs) 422 and 544 and House Bill (HB) 621, 88th Texas Legislature, Regular Session, 2023. The proposed revisions would add military service members as being eligible to receive several of the provisions in place for military spouses; would add provisions to issue a three-year temporary certificate to eligible military veterans, peace officers, fire protection personnel, and emergency medical services personnel; and would also add provisions for the issuance of a one-year temporary certificate to certain instructors for the Community College of the Air Force.

DISCUSSION AND ACTION

7. Election of State Board for Educator Certification Officers

The State Board for Educator Certification will elect Chairperson, Vice-Chairperson, and Secretary.

8. 2022-2023 Continuing Approval Reviews of Educator Preparation Programs.

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve the following educator preparation programs (EPPs) for continuing approval for five years based on the results of the 2022-2023 reviews:
Region 20 Education Service Center, University of Texas – Dallas, University of Texas – Tyler, St. Mary’s University, LeTourneau University, and Schreiner University.

9. Proposed Repeal of 19 TAC Chapter 228, Requirements for Educator Preparation Programs, and New 19 TAC Chapter 228, Requirements for Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs, and new 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The proposed repeal of and new 19 TAC Chapter 228 would reorganize the chapter to allow for improved readability; would implement legislation; and would include technical updates to remove outdated provisions; would incorporate components of the Effective Preparation Framework and provisions specific to the Residency Certificate; and would reflect stakeholder feedback to further strengthen the rules.

10. 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 discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would add five new Core Subjects certificates into rule. The proposed amendments would also add a new Bilingual Special Education certificate into rule, implementing provisions specified in legislation

11. Proposed Amendments to 19 TAC Chapter 239, Student Services Certificates, Subchapter A, School Counselor Certificate, §239.20, Requirements for Issuance of the Standard School Counselor Certificate

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 239, Student Services Certificates, Subchapter A, School Counselor Certificate, §239.20, Requirements for Issuance of the Standard School Counselor Certificate. The proposed amendment would implement the statutory requirement of Senate Bill (SB) 798, 88th Texas Legislature, Regular Session, 2023, and would update the certificate issuance rules to remove the requirement that an individual must have two years of classroom teaching experience to receive a school counselor certificate.

12. Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, and Subchapter G, Certificate Issuance Procedures

This item provides the State Board for Educator Certification (SBEC) an opportunity to consider and take action on proposed amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, and Subchapter G, Certificate Issuance Procedures. 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 and content pedagogy certification exams for issuance of the probationary or standard certificate; would remove certificate categories and examinations that are no longer operational; would establish a Residency Certificate and the associated fees; and would update the list of ineligible certification by examination certificates to include the Deafblind: Early Childhood-Grade 12 certificate.

DISCIPLINARY CASES

13. Pending or Contemplated Litigation, including Disciplinary Cases

  1. Defaults

No Answer Defaults

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Charlotte Alexis Glover; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:              1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Jennifer Fenn a/k/a Jennifer Christian; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Pamela Truong a/k/a Pamela Shin; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:              1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Tom P. Horn; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            Permanent Revocation  

  1. In the Matter of Christian Acuna Buitrago; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

  1. In the Matter of Ebbie Lisenbe, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation 

  1. In the Matter of Jose Granados Peon; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation 

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

Staff recommendation:            Permanent Revocation 

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

Staff recommendation:            2-year suspension

  1. In the Matter of Brandon Wyatt Boyd; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation  

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

Staff recommendation:            Permanent Revocation 

  1. In the Matter of Juan J. Silva; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation 

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

Staff recommendation:            Permanent Revocation 

  1. In the Matter of Kierra Queshanda Moore; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

  1. In the Matter of Jarra R. Presley; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation  

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

Staff recommendation:            Revocation

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

Staff recommendation:            3-year suspension   

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

Staff recommendation:            2-year suspension  

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

Staff recommendation:            2-year suspension

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

Staff recommendation:            1-year suspension  

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

Staff recommendation:            Revocation

  1. In the Matter of Matt Aaron Wilmore; 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

  1. In the Matter of Corrine Saenz; 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

  1. In the Matter of Crystal Lee England; 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

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

Staff recommendation:            Revocation  

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

Staff recommendation:            Revocation  

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

Staff recommendation:            2-year suspension

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

Staff recommendation:            2-year suspension

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

Staff recommendation:            Revocation

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

Staff recommendation:            Revocation

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

Staff recommendation:            10-year suspension

  1. In the Matter of Catherine Michelle Trichel; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            5-year suspension

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

Staff recommendation:            5-year suspension

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

Staff recommendation:            1-year suspension

SOAH Defaults

  1. In the Matter of Claudia Regalado-Orellana; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            Denial of Certificate   

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

Staff recommendation:            4-year suspension

  1. Contested Cases

Proposals for Decision

  1. Docket No. 701-23-14703.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Gardenia Soberanis Gonzalez a/k/a Gardenia Gallegos; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           sanction ranging from continuing education or training to an inscribed or non-inscribed reprimand.

Staff Recommendation:         11-month suspension

  1. Docket No. 701-23-16711.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. David Garcia; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           sanction ranging from continuing education or training to an inscribed or non-inscribed reprimand. 

Staff Recommendation:         11-month suspension 

  1. Docket No. 701-23-17093.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Erica Williams; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           no sanction or a non-inscribed reprimand.

Staff Recommendation:         Accept ALJ recommendation for a non-inscribed reprimand  

  1. Docket No. 701-23-20943.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Jennifer Lindner; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           1-year suspension

Staff Recommendation:         Accept ALJ Recommendation  

5. Docket No. 701-23-19235.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Amanda Gordon; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           1-year suspension with completion of an alcohol treatment program

Staff Recommendation:          Accept ALJ recommendation

6. Docket No. 701-22-03357.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Jayme Langford; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           No disciplinary action should be taken

Staff Recommendation:          Accept ALJ recommendation

7. Docket No. 701-23-19859.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Frank Hernandez; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           No disciplinary action should be taken

Staff Recommendation:          Accept ALJ recommendation  

  1. Court Cases

District Court Cases

  1. Bradley Keith Bowen v. State Board for Educator Certification; No. 23-0847; In the Supreme Court of Texas, on Appeal from Cause No. 07-22-00190-CV, In the Seventh Court of Appeals on Appeal from Cause No. D-1-GN-18-004203, In the 98th District Court of Travis County, Texas.
  2. Texas Education Agency, State Board for Educator Certification, Emily Garcia, Mike Morath, and Calvin Stocker v. A+ Texas Teachers; No. 03-23-00318-CV, In the Third Court of Appeals on Appeal from Case No. D-1-GN-23-001504, in the 53rd District Court of Travis County, Texas.

DISCUSSION ONLY

14. Discussion of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 227, Provisions for Educator Preparation Candidates. The proposed amendments make conforming changes to the Chapter 227 rules given proposed updates to Chapter 228, Educator Preparation Program Requirements and Chapter 230, Professional Educator Preparation and Certification. The proposed changes include updates to the Pre-Admission Content Test (PACT) figure to include the proposed new certificates and aligned PACT exams, including proposed cut scores.

15. Discussion of 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, Subchapter E, Grades 9-12 Assignments, and Subchapter F, Special Education-Related Services Personnel Assignments

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments.  The rules being discussed provide requirements relating to the criteria for school districts to make personnel assignments based on the correlating certification requirements. The proposed amendments are necessary to expand certificate offerings appropriate for assignments requiring demonstration of proficiency in the science of teaching reading and other course assignments. Proposed amendments would also expand the list of certificates appropriate for personnel serving in special education-related assignments.

INFORMATION ONLY

16. Update of State Board for Educator Certification Enabling Legislation

17. Board Operating Policies and Procedures (BOPP)

18. 2023–2026 Rule Review Plan for State Board for Educator Certification Rules

19. Adjournment

20. Statutory Citations

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. The presiding officer of the Board intends to be physically present in Room 1-104, William B. Travis Building, 1701 North Congress Avenue. Some members may attend via videoconferencing.