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September 19-20, 2024 SBEC Meeting Agenda

State Board for Educator Certification

Meeting Agenda

September 19, 2024 at 1:00 pm and

September 20, 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
  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 – 7 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such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.

  1. Approve July 18, 2024 Work Session Minutes
  2. Approve the July 19, 2024 Meeting Minutes
  3. Approve the 2025 SBEC Meeting dates
     
  4. Adoption of Proposed Amendment 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 adopt, subject to State Board of Education (SBOE) review, the proposed amendment to the English language proficiency (ELP) requirements outlined in 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements. The proposed amendment would expand the options for demonstrating ELP. 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

  1. 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, subject to State Board of Education (SBOE) review, 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 2023–2024 Accountability System for Educator Preparation (ASEP) Manual; would clarify and streamline language and definitions; would organize the rule text by subchapter; and would include technical updates. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

  1. Proposed Amendments 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 amendments to 19 Texas Administrative Code (TAC) Chapter 234, Military Service Members, Military Spouses, and Military Veterans. The proposed amendments would add language specific to the Servicemembers Civil Relief Act (SCRA), allowing the portability of licenses for active-duty military service members or the spouse of a military service member and would provide technical edits to clarify existing language, alphabetize definitions, and remove duplicative language where necessary.

  1. Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, Subchapter A, General Guidance, Subchapter E, Educator Candidate Clinical Experiences, and Subchapter F, Support for Candidates During Required Clinical Experiences

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs, Subchapter A, General Guidance, Subchapter D, Required Educator Coursework and Training, Subchapter E, Educator Candidate Clinical Experiences, and Subchapter F, Support for Candidates During Required Clinical Experiences. The proposed amendments would further clarify requirements and definitions as applicable to support educator preparation programs (EPPs) and candidates in the successful implementation of these rules.

DISCIPLINARY CASES

  1. Pending or Contemplated Litigation, including Disciplinary Cases

A. Defaults

No Answer Defaults

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

Staff recommendation:            11-month suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Colton Marshall McCoy; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            11-months suspension

  1. In the Matter of Dawn Diana Baxter a/k/a Dawn Diana Thompson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Jamie Laine Lahr; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Matthew H. Harber; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Rodrigo Lopez Reyes; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            11-month suspension

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Daniel Eleuterio Tena; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation & Do Not Hire Registry 

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

Staff recommendation:            Permanent Revocation & Do Not Hire Registry 

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

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

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

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

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

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

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

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

  1. In the Matter of Wendy Lawson Price; 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 Jud A. Moller; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            3-year suspension and proof of successful completion of a substance abuse treatment program

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

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

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

Staff recommendation:            Revocation 

  1. In the Matter of Edna Nora DeLaGarza; 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 Salvatore Alfieri, IV; Action to be taken:  Consideration of Issuance of Default Judgment

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

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            Suspension until expiration of aide certificate on October 3, 2024 

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

Staff recommendation:            15-months suspension

  1. In the Matter of Edwin Thomas Hayward; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:              2-year suspension

  1. In the Matter of Florencia Cruz Sustar; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            3-year suspension

  1. In the Matter of Nicholas D. Martinezr; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation and Do Not Hire Registry 

 

SOAH Defaults

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

  1. In the Matter of Gilbert Sanchez; 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. Contested Cases

Proposals for Decision

  1. Docket No. 701-24-01463.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Donald Hodgson II; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation and Do Not Hire Registry

Staff Recommendation:          Accept ALJ recommendation  

  1. Docket No. 701-24-03496.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Eduardo Orozco; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation 

Staff Recommendation:          Accept ALJ Revocation  

  1. Docket No. 701-24-13406.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Maria Lyssy; 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. 701-24-13404.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Nancy Alkema; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           No sanction

Staff Recommendation:          Accept ALJ recommendation  

           

  1. Motion for Rehearing

1. In re Jolene Jeffrey: Consider and Take Possible Action on Motion to Extend Deadline to File Motion for Rehearing and to Consider and Take Possible Action on Motion for Rehearing.

 

  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 

  1. Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter F, Special Education-Related Services Personnel Assignments

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments, Subchapter F, Special Education-Related Services Personnel Assignments. The proposed revisions would provide requirements for school districts to make personnel assignment decisions based on the correlating certification and demonstration of content proficiency requirements. The proposed revisions would also expand the list of certificates appropriate for personnel serving in special education-related assignments and include a section dedicated to requirements for an assignment of Teachers of Students who are Deafblind.

  1. Discussion of Plans for the Development of the Texas-Specific Teacher Performance Assessment 

This item provides the State Board for Educator Certification (SBEC) an opportunity to review and discuss plans for the development of the Texas-specific teacher performance assessment (TX TPA).

  1. Discussion of Proposed Revisions to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 Texas Administrative Code (TAC) Chapter 249. Chapter 249 establishes the disciplinary proceedings process and sanctions for educators.

  1. Discussion of Proposed Revisions to 19 TAC Chapter 235 Classroom Teacher Certification Standards Subchapter A, General Provisions, Subchapter B, Elementary School Certificate Standards, Subchapter C, Middle School Certificate Standards, and Subchapter D, Secondary School Certificate Standards

This item provides the State Board for Educator Certification (SBEC) an opportunity to review and discuss the proposed new Teacher Pedagogy standards. The SBEC will also have the opportunity to review the reorganization of the chapter that would result from replacing the current grade-banded Teacher Pedagogy standards with a single set of Teacher Pedagogy standards for grades Early Childhood–12.

INFORMATION ONLY

  1. Update of State Board for Educator Certification Enabling Legislation
  2. Board Operating Policies and Procedures (BOPP)
  3. 2023–2026 Rule Review Plan for State Board for Educator Certification Rules
  4. Adjournment

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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