July 21, 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. 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 - 10 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such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.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 April 28, 2023 Meeting Minutes

5. Proposed Review of 19 TAC Chapter 230, Professional Educator Preparation and Certification

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 proposed review of 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification. The rules under review set out SBEC’s authority, and the procedures specify the requirements for issuance of educator certificates and permits, the testing requirements and associated fees, and the types and classes of certificates issued. These requirements ensure that educators are qualified and professionally prepared to instruct the schoolchildren of Texas.

6. Proposed Review of 19 TAC Chapter 239, Student Services Certificates

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 proposed review of 19 Texas Administrative Code (TAC) Chapter 239, Student Services Certificates. The rules under review set out SBEC’s authority, and the procedures specify the requirements relating to the school counselor certificate, school librarian certificate, educational diagnostician certificate, reading specialist certificate, and legacy master teacher certificate. These requirements ensure that educators are qualified and professionally prepared to instruct the schoolchildren of Texas.

7. Adoption of Review of 19 TAC Chapter 244, Certificate of Completion of Training for Appraisers

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 of the review of 19 Texas Administrative Code (TAC) Chapter 244, Certificate of Completion of Training for Appraisers. The rules being reviewed provide requirements for ensuring the certification of appraisers performing appraisals of teachers, administrators, and counselors employed in Texas public schools.

8. Adoption of Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel 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 adopt the proposed revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6–8 Assignments, and Subchapter E, Grades 9–12 Assignments. The 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.

9. Consider and Take Appropriate Action on Request to Approve New Class of Certificate at Austin Community College

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by Austin Community College (ACC), an approved educator preparation program (EPP), located in Austin, Texas to offer the Principal 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, Chapter 230, Professional Educator Preparation and Certification, and Chapter 241, Certification as Principal.

10. Consider and Take Appropriate Action on Request to Approve New Class of Certificate at Southern Methodist University

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by Southern Methodist University (SMU), an approved educator preparation program (EPP), located in Dallas, Texas, to offer the Educational Diagnostician class of certificate in the post-baccalaureate route 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, Chapter 230, Professional Educator Preparation and Certification, and Chapter 239, Student Services Certificates, Subchapter C, Educational Diagnostician.

DISCUSSION AND ACTION

DISCIPLINARY CASES

11. Pending or Contemplated Litigation, including Disciplinary Cases

1. Defaults

No Answer Defaults

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

7. In the Matter of Valerie Nesmith-Arechiga; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:              1-year suspension

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

Staff recommendation:           1-year suspension

17. In the Matter of Kierra O’Neal; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Suspension until expiration of emergency permit on

August 31, 2023

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

Staff recommendation:              1-year suspension

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

Staff recommendation:           Suspension until expiration of certificates on

November 16, 2023

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:              1-year suspension

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

Staff recommendation:           11-month suspension

26. In the Matter of Jonathan Leach; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:              1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

30. In the Matter of Amanda Guthrie; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

31. In the Matter of Nann Pringle; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

33. In the Matter of Tamara Cockrum; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:              1-year suspension

34. In the Matter of Madison Bolton; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

35. In the Matter of Crissie Jacobs; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

37. In the Matter of Delany Rawlings; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           11-month suspension

38. In the Matter of Quianna Scott; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

39. In the Matter of Halle Fleurant; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

40. In the Matter of Denise Perry; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Suspension until expiration of intern certificate on September 21, 2023

41. In the Matter of Amber Davis; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

42. In the Matter of Leilani Castillo; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:              1-year suspension

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

Staff recommendation:           1-year suspension

44. In the Matter of Olivia Hobden; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

45. In the Matter of Russell Sassin; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

46. In the Matter of Eric Smith; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

47. In the Matter of Ifetayo West; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           Suspension until expiration of one-year certificate on

July 31, 2023

49. In the Matter of Briyanna Alexander; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

50. In the Matter of Rawley Farris; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

52. In the Matter of Ubaid Khan; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Suspension until expiration of intern certificate on November 25, 2023

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

Staff recommendation:           1-year suspension

54. In the Matter of Alisha Rush; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

55. In the Matter of Kirstyn Casias; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

56. In the Matter of Michelle Turner; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

57. In the Matter of Chesley Walton; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

58. In the Matter of Edgar A. Anguilu; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           3-year suspension

59. In the Matter of Joseph Caldarera; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           3-year suspension

60. In the Matter of Mack Hamilton; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

61. In the Matter of Gabriela A. Marquez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

62. In the Matter of Eric Rivas; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

63. In the Matter of Gilberto Escobedo; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

64. In the Matter of Rogelio Handy, III; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           10-year suspension

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

Staff recommendation:           2-year suspension

66. In the Matter of Le Ann Sibley; Action to be taken:  Consideration of Issuance of Default Judgment

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

67. In the Matter of Jaimie B. Thompson; Action to be taken:  Consideration of Issuance of Default Judgment

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

68. In the Matter of Andrew D. Dienert; 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

69. In the Matter of Brandy Mayfield; 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

70. In the Matter of Emmanuel Ogweta; 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

71. In the Matter of Seth Adam Myers; 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

72. In the Matter of Carol Winfree; 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

73. In the Matter of Ryan R. Knight; 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

74. In the Matter of Amy R. Cole; 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

75. In the Matter of Patty Nunez; 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

76. In the Matter of Rachael Lauren Chilton; 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

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

Staff recommendation:           3-year suspension

78. In the Matter of Lashovious D. Smith; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           5-year suspension

SOAH Defaults

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

Staff recommendation:           2-year suspension

2. In the Matter of Mallory Brooke Peterman; Action to be taken:  Consideration of Issuance of Default Judgment

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

3. In the Matter of Cana Odom Hauerland; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

2. Contested Cases

Proposals for Decision

1. Docket No. 701-23-12402.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Shalynn Wright; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           1-year suspension

Staff Recommendation:         Accept ALJ recommendation

2. Docket No. 701-23-12401.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Theresa Munguia; 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. 701-23-09280.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Donovan Lopez; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:         Accept ALJ recommendation

4. Docket No. 701-23-00768.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Isaiah Brown; 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.

12. Consideration of Petition for Adoption of Rule Change Concerning 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.35. Preparation Program Coursework and/or Training

This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a petition for rulemaking regarding 19 TAC Chapter 228, Requirements for Educator Preparation Programs, filed pursuant to Texas Government Code, §2001.021. The petitioner requests amendments to the rules regarding clinical teaching. The SBEC must either deny the petition or direct the Texas Education Agency (TEA) staff to initiate rulemaking proceedings.

13. Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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 proposed amendments would provide for adjustments to the 2022–2023 Accountability System for Educator Preparation (ASEP) Manual; would clarify the system for accreditation assignments; would clarify provisions for continuing approval reviews; and would include technical updates.

14. Discussion and Action Related to Implementation of the Effective Preparation Framework

This item provides the State Board for Educator Certification (SBEC) the opportunity to direct Texas Education Agency (TEA) staff to initiate the process of redesigning the educator preparation program (EPP) continuing approval review, developing a vetted list of professional services and technical assistance providers, and updating the Commendation Category 4: Innovative EPP selection process informed by the content of the Effective Preparation Framework. This item also provides the SBEC with an opportunity to continue discussions regarding the Effective Preparation Framework and next steps to support EPP continuous improvement efforts.

DISCUSSION ONLY 

15. Discussion of 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

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, 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.

16. Discussion of the Texas Educator Certification Examination Program Request for Proposal Process

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss the Texas Education Agency (TEA) plan to solicit proposals to provide development and administration of the Texas Educator Certification Examination Program (TECEP). This Request for Proposal (RFP) relates to activities conducted to test educators in Texas for certification, including the Texas Examinations of Educator Standards (TExES), Texas Assessment of Sign Communications (TASC), TASC-American Sign Language (TASC-ASL), Pre-Admission Content Test (PACT), edTPA^®, and the American Association of Family & Consumer Sciences exams (AAFCS).

17. 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; 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.

18. Discussion of Appointment of Teacher Pedagogy and English Language Arts and Reading and Math Content Pedagogy Educator Standards Advisory Committees

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the appointment of a standards advisory committee to revise the grade-banded teacher pedagogy standards as well as the grade-banded English Language Arts and Reading (ELAR) and math content pedagogy standards to implement House Bill (HB) 1605, 88th Legislature, Regular Session, 2023 and provide additional specification related to implementation of HB 159, 87th Legislature, Regular Session, 2021 

INFORMATION ONLY

19. Update of State Board for Educator Certification Enabling Legislation

20. Board Operating Policies and Procedures (BOPP)

21. 2023–2026 Rule Review Plan for State Board for Educator Certification Rules

22. Adjournment

23. Statutory Citations