September 29, 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 - 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such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.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 July 20, 2023 Work Session Minutes

5. Request to Approve July 21, 2023 Meeting Minutes

6. Adoption of 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 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.

7. Adoption of 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 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.

8. Approval of 2024 State Board for Educator Certification Meeting Dates

According to the Texas Education Code (TEC), §21.038, the State Board for Educator Certification (SBEC) shall meet at least once in each quarter of the calendar year. The SBEC may meet at other times at the call of the presiding officer or as provided by the rules of the Board. The purpose of this item is to set the SBEC meeting and work session dates for 2024.

DISCUSSION AND ACTION

DISCIPLINARY CASES

9. Pending or Contemplated Litigation, including Disciplinary Cases

1. Defaults

No Answer Defaults

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

Staff recommendation:           11-month suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

8. In the Matter of Aaron Keesee, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           11-month suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           11-month suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           Permanent Revocation

30. In the Matter of Timothy J. Lohr; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

31. In the Matter of Kyle Jacob Edwards; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

32. In the Matter of Brady Calame Mims; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

33. In the Matter of Mary Elva Martinez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

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

Staff recommendation:           2-year suspension

35. In the Matter of Sabrina S. Dansby; 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

36. In the Matter of John M. Garcia; 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

37. In the Matter of Laine B. Dubicz; 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

38. In the Matter of Jason Myers; 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

39. In the Matter of Michael J. Neubert; 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

40. In the Matter of Terrie Hunt; 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

41. In the Matter of Mary Lopez; 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

42. In the Matter of Kristen Elizabeth Mesa; 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

43. In the Matter of Lori M. Metevia; 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

44. In the Matter of James Anthony Maxwell; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           2-year suspension

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

Staff recommendation:           1-year suspension

SOAH Defaults

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           Revocation

4. In the Matter of Brandon Devin Franklin; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           3-year suspension

2. Contested Cases

Proposals for Decision

1. Docket No. 701-23-14019.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Barbara Roy; 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. 701-23-12397.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Tamela King; 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. 701-23-12398.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Monica Jackson; 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:         1-year suspension

4. Docket No. 701-23-12460.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Piero Deur; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           3-month suspension

Staff Recommendation:         8-month suspension

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.

10. Adoption of 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 adopt the proposed 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.

11. 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 HB 159, 87th Legislature, Regular Session, 2021.

12. 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.

13. 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 ONLY 

14. 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.

15. Effective Preparation Framework Implementation Update Discussion

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.

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