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February 16, 2024 SBEC Meeting Agenda

State Board for Educator Certification

Meeting Agenda

February 16, 2024 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 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such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.

4. Request to Approve December 7-8, 2023 Meeting Minutes

5. 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 the proposed 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. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

6. Adoption of 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 adopt the proposed amendment to 19 Texas Administrative Code (TAC) Chapter 239, Student Services Certificates, Subchapter A, School Counselor Certificate, §239.20, Requirements for the 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. The proposed revisions would also include technical edits to comply with Texas Register formatting and style requirements. 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

7. Chapter 250 Petition for Rulemaking

This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a petition for rulemaking regarding 19 TAC Chapter 250, Administration, filed pursuant to Texas Government Code, §2001.021. The petitioner requests additions to the rules regarding rational rulemaking. The SBEC must either deny the petition or direct the Texas Education Agency (TEA) staff to initiate rulemaking proceedings.

8. 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 and propose amendments to 19 Texas Administrative Code (TAC) Chapter 227, Provisions for Educator Preparation Candidates. The proposed amendments make conforming changes to 19 TAC Chapter 227 rules given proposed updates to 19 TAC Chapter 228, Educator Preparation Program Requirements and 19 TAC 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.

9. Adoption of 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 adopt the 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.

10. Adoption of 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 adopt 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. 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 2022–2023 Accountability System for Educator Preparation (ASEP) Accreditation Statuses

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2022–2023 Accountability System for Educator Preparation (ASEP) accreditation statuses for educator preparation programs (EPPs).

12. Request to Approve 2022–2023 Educator Preparation Program (EPP) Commendations

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2022–2023 commendations for educator preparation programs (EPPs).

DISCIPLINARY CASES

13. Pending or Contemplated Litigation, including Disciplinary Cases

  1. Defaults

 

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            Suspension until expiry of one-year certificates on June 30, 2024

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

Staff recommendation:              1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Charlie Marie Everett; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Suspension until expiry of intern certificate on August 9, 2024

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

Staff recommendation:              1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Douglas Ian Nelson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Jillian A. Briones; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            Permanent Revocation

  1. In the Matter of Jesus Italia Castor; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation 

  1. In the Matter of Miracle Rosee Alfaro; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation 

  1. In the Matter of Erwin Bernard Jordan; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation 

  1. In the Matter of Angela Dyan Ball; 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 Kathy Sterling; 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 Franklin Guzman, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment  

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

  1. In the Matter of Javier Rivera; 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 

  1. In the Matter of Lura Funk; 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

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

Staff recommendation:            8-year suspension and proof of successful completion of substance abuse treatment program

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

Staff recommendation:              Revocation

  1. In the Matter of Latrice Danielle Fisher; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Suspension until expiry of certificate on September 1, 2024 

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

Staff recommendation:            5-year suspension

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

Staff recommendation:            5-year suspension

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

Staff recommendation:            1-year suspension  

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

Staff recommendation:            2-year suspension 

  1. In the Matter of Delia G. Ortega; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation 

  1. In the Matter of Robert M. Le; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation  

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

Staff recommendation:            Revocation 

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

Staff recommendation:            Permanent Revocation

SOAH Defaults

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

Staff recommendation:            1-year suspension

     2. In the Matter of James Tyler Davis; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

B. Contested Cases

Proposals for Decision

  1. Docket No. 701-23-26001.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Richelle Smith; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           1-year suspension

Staff Recommendation:         Accept ALJ recommendation

  1. Docket No. 701-23-22769.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Hannah Pillar; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           8-month suspension 

Staff Recommendation:         Accept ALJ recommendation

  1. Docket No. 701-23-23179.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Freida Tillman; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           6-month suspension

Staff Recommendation:         11-month suspension

4. Docket No. 701-23-26625.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Rosalinda Poulassichidis; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           No sanction or action to be taken

Staff Recommendation:         Accept ALJ recommendation

5. Docket No. 701-23-24735.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Jeffrey Miranda; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:         Accept ALJ recommendation

6. Docket No. 701-23-14225.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. G. Floyd; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:         Accept ALJ recommendation

  1. Court Cases

District Court Cases

  1. 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. Possible discussion and action on proposed settlement agreement.

DISCUSSION ONLY 

14. 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.

15. Discussion of Proposed Revisions to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11. General Requirements

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to the English language proficiency requirements outlined in 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11. General Certification Requirements.

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.

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