February 10, 2023 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. State Board for Educator Certification Welcome New Board Members and Recognition of Former Board Members

This item provides the State Board for Educator Certification (SBEC) an opportunity to welcome new board members and recognize former board members for their service to Texas schoolchildren and educators.

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 - 9 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such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.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 December 9, 2022 Meeting Minutes

6. Proposed Review of 19 TAC Chapter 232, General Certification Provisions

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 232, General Certification Provisions. The rules under review provide requirements relating to certificate renewal and continuing professional education and national criminal history record information review of active certificate holders.

7. Proposed Review of 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases

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 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The rules under review set out SBEC's authority and procedures for sanctioning certified educators and denying certification to unfit applicants.

8. Adoption of 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 adopt, subject to State Board of Education (SBOE) review, proposed 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. 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 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 adopt, subject to State Board of Education (SBOE) review, proposed 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. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

DISCUSSION AND ACTION

10. Adoption of 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 adopt, subject to State Board of Education (SBOE) review, a proposed 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. 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. Request to Approve 2021–2022 Accountability System for Educator Preparation (ASEP) Accreditation Statuses

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2021–2022 Accountability System for Educator Preparation (ASEP) accreditation statuses for educator preparation programs (EPPs).

12. Request to Approve 2021–2022 Educator Preparation Program (EPP) Commendations

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2021–2022 commendations for educator preparation programs (EPPs).

13. Consider and Take Appropriate Action on Request to Approve New Class of Certificate at University of Houston-Downtown

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by the educator preparation program (EPP), University of Houston-Downtown, located in Houston, Texas, to offer the Principal as Instructional Leader class of certificate as part of their certificate inventory in a Post-Baccalaureate program. 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.

14. Consideration of Petition for Adoption of Rule Change Concerning 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions, and Subchapter D, Types and Classes of Certificates Issued, §230.36, Intern Certificates

This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a petition for rulemaking regarding 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions, and Subchapter D, Types and Classes of Certificates Issued, §230.36, Intern Certificates, filed pursuant to Texas Government Code, §2001.021. The petitioner requests amendments to the rules regarding the issuance, validity period, and testing requirements of an Intern certificate. The SBEC must either deny the petitions or direct the Texas Education Agency (TEA) staff to initiate rulemaking proceedings.

DISCIPLINARY CASES

15. Pending or Contemplated Litigation, including Disciplinary Cases

1. Defaults

No Answer Defaults

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

6. In the Matter of Emily Elizabeth Su; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

10. In the Matter of Maria Samantha Hernandez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           Inscribed Reprimand

17. In the Matter of Brandi Russell; 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

18. In the Matter of Eugene Curry; 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

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

Staff recommendation:           2-year suspension

20. In the Matter of JB Flowers, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           6-year suspension

21. In the Matter of Dorothea Caldwell-Pickens; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

22. In the Matter of LeKeshia Mercedes Jones; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

SOAH Defaults

1. In the Matter of Nova Jamerson Wilson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Denial of application for Educational Aide Certificate

2. Contested Cases

Proposals for Decision

1. Docket No. 701-20-4159.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Jerry Carreon; 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. 701-22-08784.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Moniqua Sexton; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           1-year suspension

Staff Recommendation:         Accept ALJ recommendation

3. Docket No. 701-22-09450.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Chelsea Gardner; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           11-month suspension

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 ONLY 

16. Discussion of Proposed Amendment to 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter G, Special Education Certificate Standards

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss a proposed amendment to 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter G, Special Education Certificate Standards. The proposed amendment would implement the statutory requirements of House Bill 2256, 87th Texas Legislature, Regular Session, 2021. The proposed amendment would clarify the educator standards for the Bilingual Special Education certificate as recommended by the SBEC-approved educator standards advisory committee.

17. Discussion of Proposed 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 discuss proposed 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 and content pedagogy certification exams for issuance of the probationary or standard certificate; and would remove certificate categories and examinations that are no longer operational.

18. Discussion of Proposed New Teacher Residency Certificate and Appointment of Standards Advisory Committee

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss creating a new Teacher Residency certificate, and to discuss appointing a Standards Advisory Committee to recommend standards for the Teacher Residency certificate.

19. Discussion of 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.

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

23. Adjournment

24. Statutory Citations