October 16, 2015 SBEC Meeting Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
October 16, 2015 at 9:00 a.m.
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:
1. Call to Order
2. Associate Commissioner’s Comments Regarding the SBEC Agenda
3. Public Comment
The Board will allocate up to thirty (30) minutes at the beginning of each regularly scheduled meeting of the Board for public comment on any agenda or non-agenda item concerning SBEC business.
4. Consider and Take Appropriate Action on Request to Approve August 7, 2015 Board Meeting Minutes
5. Consider and Take Appropriate Action on Adoption of Proposed Amendment to 19 TAC Chapter 242, Superintendent Certificate,§242.20, Requirements for the Issuance of the Standard Superintendent Certificate (PDF 154 KB)
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 TAC Chapter 242, Superintendent Certificate, §242.20, Requirements for the Issuance of the Standard Superintendent Certificate. The proposed amendment to 19 TAC §242.20 would provide an individual seeking a superintendent certificate the option to substitute managerial experience in a public school district for the requirement of a principal certificate. Additionally, the amendment would allow for a candidate to obtain standard certification as a superintendent provided that the candidate was hired by the school board of a public school district, completed a superintendent preparation program, passed the certification examination for superintendents, and possessed at least a bachelor's degree. A change is recommended to the proposed amendment as published.
6. Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 244, Certificate of Completion of Training for Appraisers, §244.1, General Provisions, and §244.2, Training for Appraisers of Educators in School Districts Using a Recommended Appraisal Process (PDF 35 KB)
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 TAC Chapter 244, Certificate of Completion of Training for Appraisers, §244.1, General Provisions, and §244.2, Training for Appraisers of Educators in School Districts Using a Recommended Appraisal Process. The proposed amendments to 19 TAC §244.1 and §244.2 would replace references to the old state-recommended teacher appraisal system, the Professional Development and Appraisal System (PDAS), with general references to the state-recommended teacher appraisal system and add language to include training for appraisers of principals using the state-recommended principal appraisal system. Additional changes are recommended to the proposed amendments to 19 TAC §244.1 and §244.2 as published.
The State Board for Educator Certification (SBEC) will have an opportunity to discuss and approve changes to the 2015-2018 Rule Review Plan for SBEC Rules that would modify the begin review dates of 19 TAC Chapter 230, Professional Educator Preparation and Certification, and Chapter 232, General Certification Provisions. The proposed changes are based on the SBEC rulemaking schedule as a result of the 84th Texas Legislature, Regular Session, 2015. Texas Government Code, §2001.039, requires the rule review of existing state agency rules, including SBEC rules. The rule review requirement is designed to ensure that the reasons for initially adopting a rule continue to exist.
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. The SBEC last adopted the review of 19 TAC Chapter 230, Professional Educator Preparation and Certification, in 2011. However, recent legislation from the 84th Texas Legislature, Regular Session, 2015, has prompted the need to accelerate the review of 19 TAC Chapter 230 to align with the SBEC rulemaking schedule. Therefore, this item presents for SBEC approval the review of Chapter 230. The rules being reviewed provide requirements relating to general provisions; general certification requirements; assessment of educators; types and classes of certificates issued; educational aide certificate; permits; certificate issuance procedures; and Texas educator certificates based on certification and college credentials from other states or territories of the United States.
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. The SBEC last adopted the review of 19 TAC Chapter 232, General Certification Provisions, in 2011. However, recent legislation from the 84th Texas Legislature, Regular Session, 2015, has prompted the need to accelerate the review of 19 TAC Chapter 232 to align with the SBEC rulemaking schedule. Therefore, this item presents for SBEC approval the review of Chapter 232. The rules being reviewed provide requirements relating to certificate renewal and continuing professional education and national criminal history record information review of active certificate holders.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. The proposed amendments to 19 TAC §§227.1, 227.5, 227.10, 227.15, and 227.20 and proposed new 19 TAC §227.17 and §227.19 would include changes as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which required the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). In addition, HBs 1300 and 2205, 84th Texas Legislature, Regular Session, 2015, would be addressed. The proposed revisions would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state.
This item provides the State Board for Educator Certification (SBEC) with an update on the development of an advisory committee to recommend educator standards for the classroom teacher class of certificate. The committee would explore alternatives to the current process for development, review, and approval of educator standards, which define Educator Preparation Program (EPP) and certification testing requirements.
This item provides the State Board for Educator Certification (SBEC) an update on the Core Subjects EC-6 and Core Subjects 4-8 certification exams that have been administered since January 2015. This item also provides the SBEC with an opportunity to provide Texas Education Agency (TEA) staff with guidance on possible changes to the exams.
The State Board for Educator Certification (SBEC) will have an opportunity to discuss and approve Educator Standards, which define preparation and testing requirements, for the Technology Applications EC-12 and Computer Science 8-12 certificates. These standards delineate what the beginning teacher should know and be able to do. The standards will serve as the foundation for coursework and for new certification examinations.
This item provides the State Board for Educator Certification (SBEC) an opportunity to consider and discuss the meeting and recommendations of the Committee on Educator Discipline, and to take appropriate action on the Committee on Educator Discipline’s recommendations regarding the SBEC’s process for investigating and disciplining certified educators.
15. Discussion of Reciprocity Agreements and Comparability for Out-of-State Educators (PDF 488 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss certification reciprocity and comparability for out-of-state educators.
16. Discussion of 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF 288 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the provisions in 19 TAC Chapter 228, Requirements for Educator Preparation Programs. As part of this item, Texas Education Agency (TEA) staff will provide an update and status to allow the SBEC to discuss possible revisions to the rules as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at TEA.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the provisions in 19 TAC Chapter 229, Accountability System for Educator Preparation Programs. As part of this item, Texas Education Agency (TEA) staff will provide an update and status to allow the SBEC to discuss possible revisions to the rules as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at TEA.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss 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 D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, and Subchapter E, Grades 9-12 Assignments. The proposed revisions to 19 TAC Chapter 231, Subchapters B-E, would clarify the appropriate credential for placement in a particular teaching assignment and implement applicable requirements from the 84th Texas Legislature, Regular Session, 2015.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. As part of this item, Texas Education Agency (TEA) staff will provide an update and status to allow the SBEC to discuss revisions to the rules as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at TEA.
This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a citizen petition on 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.14, Career and Technical Education (Certificates requiring experience and preparation in a skill area), filed pursuant to Texas Government Code, §2001.021. The petitioner requests an amendment to 19 TAC §233.14 that would allow individuals holding a bachelor’s degree only to become eligible to teach Law Enforcement/Criminal Justice. The SBEC must either deny the petition or direct the Texas Education Agency (TEA) staff to initiate rulemaking proceedings.
21. Update on Educator Investigations (PDF 435 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss updates provided by the Division of Educator Investigations for Fiscal Year (FY) 2014-2015.
22. Update on the Legal Contested Case Docket (PDF 313 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss updates provided by the Division of Legal Services for Fiscal Year (FY) 2014-2015.
23. Pending or Contemplated Litigation, including Disciplinary Cases and Agreed Orders
A. Defaults
1. In the Matter of Mario Barbosa; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year Suspension
2. In the Matter of Jade Divita; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year Suspension
3. In the Matter of Victoria D. McNair; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year Suspension
4. In the Matter of DeJonnette Montgomery; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year Suspension
5. In the Matter of Amanda Dawn Stallings; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year Suspension
6. In the Matter of Alberto Alaniz, III; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
7. In the Matter of Shirley Bell; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 year Suspension and proof of successful completion of substance abuse treatment program
8. In the Matter of Kevin Ray Briggs; 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
9. In the Matter of Laura Constante; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
10. In the Matter of Veronica Medina; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
11. In the Matter of James Allen Smith; 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
12. In the Matter of Rodolfo Soto; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
13. In the Matter of Robert Stephen Villarreal; 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
14. In the Matter of Rocio Arredondo; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
15. In the Matter of Benjamin A. Haynes; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
16. In the Matter of Jennifer O’Neill; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
17. In the Matter of Lisa Davenport Tang; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 3 year suspension
18. In the Matter of Amanda Janelle Gonzales; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
19. In the Matter of Curtis Draper; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
20. In the Matter of Clarissa Elia Garcia; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
21. In the Matter of Robert Michael Hagler; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
22. In the Matter of Sherry Blevins; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 year Suspension
23. In the Matter of Kathi Chene’ Milam; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 4 year Suspension
B. Agreed Orders
I. Investigations
1. In the Matter of Vickie Bruce
2. In the Matter of Jodie L. Hornsby
3. In the Matter of Stephanie Jimenez
4. In the Matter of Jill Rachal Koenning
5. In the Matter of Sue Otwell
6. In the Matter of Heather Phillips
7. In the Matter of Megan Elizabeth Updegraff
8. In the Matter of Deborah Turner Wise
9. In the Matter of Paul D. Holding
10. In the Matter of Nestor Torres
11. In the Matter of Samuel Joseph Haire
12. In the Matter of Andrea K. Bookout
13. In the Matter of Brandon K. West
14. In the Matter of Mary Ann Arroyo
15. In the Matter of Noelle King
16. In the Matter of Kasey Pierce
17. In the Matter of Christene Nicole Sullivan
18. In the Matter of Laura E. Reynolds Beatty
19. In the Matter of Mary Helen Harris
II. Legal
1. In the Matter of Lindsey Eason Balderaz
2. In the Matter of Megan J. Buckley
3. In the Matter of Katie Murray
4. In the Matter of Eufemia Rodriguez-Soto
5. In the Matter of Claudia Velasco
6. In the Matter of Jeffrey Michael Akin
7. In the Matter of Rodney D. Flannigan
8. In the Matter of Eduardo Javier Martinez
9. In the Matter of Brice Taylor Reynolds
10. In the Matter of Patricia Elizabeth Uptergrove
11. In the Matter of Stephanie Sullenger
12. In the Matter of Diana C. Dominguez
13. In the Matter of Priscilla Terrazas
C. Contested CasesI. Proposals for Decision
1. Docket No. 701-15-2441.EC, Texas Education Agency, Educator Leadership and Quality Division v. Evangelina Garcia; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Suspension concurrent with community supervision; probated after year 1
Staff Recommendation: 10 year Suspension concurrent with felony community supervision
II. Motions for Rehearing
None.
D. Court Cases
I. District Court Cases
1. Barry Ryan Davis v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-12-003413, In the 201st District Court of Travis County, Texas.
2. Elizabeth Kiel v. Texas Education Agency, Educator Certification and Standards Division; Cause No. B-192236, In the 60th District Court of Jefferson County, Texas.
II. Appellate Cases
1. State Board for Educator Certification v. Robert D. Lange; Cause No. 03-12-00453-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
2. State Board for Educator Certification v. Erasmo Montalvo; Cause No. 03-13-00370-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
24. Board Operating Policies and Procedures (PDF 447 KB)
25. Requests from Board Members for Future Agenda Items
26. Requests Received from the Board Since Last Meeting
27. 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.