April 26, 2019 SBEC Meeting Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
APRIL 26, 2019 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:

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

4. Consider and Take Appropriate Action on Request to Approve February 22, 2019 Board Meeting Minutes

DISCUSSION AND ACTION

5. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases

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 adoption of the review of 19 Texas Administrative Code (TAC) Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The rules under review set out SBEC's authority and procedures for sanctioning certified educators and denying certification to unfit applicants.

6. Consider and Take Appropriate Action on Adoption of New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards

This item provides the State Board for Educator Certification (SBEC) with an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed new 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards. The proposed new rule would specify the certification standards for the English as a Second Language (ESL) Supplemental Certificate. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment. 

7. Consider and Take Appropriate Action on Adoption of Proposed Amendment to 19 TAC Chapter 241, Certification as Principal, Subchapter B, Principal Certificate, §241.41, General Provisions

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 Texas Administrative Code (TAC) Chapter 241, Certification as Principal, Subchapter B, Principal Certificate, §241.41, General Provisions. The proposed amendment would provide a deadline for candidates to qualify and apply for the current principal certification and to take the corresponding certification examination, after which time the Principal as Instructional Leader certificate will become the only principal certification available to candidates. This item also provides an update to the SBEC concerning the number of educator preparation programs (EPPs) that applied and have been presently approved to offer the new Principal as Instructional Leader (268) certification. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

8. Consider and Take Appropriate Action on Proposed Review of 19 TAC Chapter 233, Categories of Classroom Teaching 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 233, Categories of Classroom Teaching Certificates. The rules under review establish separate certificate categories within the certificate class for the classroom teacher. These categories identify the content area or special population the holder may teach, the grade levels the holder may teach, and the earliest date the certificate may be issued.

9. Consider and Take Appropriate Action on Proposed 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 the proposed 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.

10. Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter H, Assignments for Teachers Certified Before 1966

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter H, Assignments for Teachers Certified Before 1966. The proposed revisions would incorporate courses approved by the State Board of Education (SBOE), would update the list of credentials appropriate for placement into an assignment, would make technical edits, and would delete an outdated subchapter.

11. Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions, Subchapter C, Assessment of Educators, §230.21, Educator Assessment, Subchapter D, Types and Classes of Certificates Issued, §230.36, Intern Certificates, and §230.37, Probationary Certificates, and Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions, Subchapter C, Assessment of Educators, §230.21, Educator Assessment, Subchapter D, Types and Classes of Certificates Issued, §230.36, Intern Certificates, and §230.37, Probationary Certificates, and Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services. The proposed amendments would update the figure specifying required tests for issuance of the standard certificate; would create new requirements for issuance of intern and probationary certificates for the proposed new intensive pre-service option, as concurrently proposed in Chapter 228, Requirements for Educator Preparation Programs, in this agenda; and would update the list of certification testing fees to include the performance-based assessment, edTPA, and content certification (subject-matter only) examinations.

12. Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed revisions would establish requirements for intensive pre-service, for educator preparation program (EPP) name changes, and for a candidate seeking certification in two categories to have clinical teaching in both.

13. Discussion and Approval of Standards Advisory Committee

This item provides the State Board for Educator Certification (SBEC) with an opportunity to approve the membership of the standards development advisory committee for Bilingual Education certification. The committee will work with staff to draft the educator standards that will subsequently define the content of the educator preparation programs (EPP) and certification examinations.     

14. Consider and Take Appropriate Action on Request to Approve 2017-2018 Accountability System for Educator Preparation Programs (ASEP) Accreditation Statuses

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the remaining proposed 2017-2018 Accountability System for Educator Preparation Programs (ASEP) accreditation statuses for educator preparation programs (EPPs). Fifty-six programs remained pending at the February 2019 SBEC meeting due to a recently adopted SBEC rule that was not effective until March 10, 2019 or due to delinquency in paying the SBEC-required ASEP Technology Fee.

DISCIPLINARY CASES

15. Pending or Contemplated Litigation, including Disciplinary Cases

A. Defaults

No Answer Defaults

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

Staff recommendation:           1 year suspension

2. In the Matter of Evan Leroy Blanks, Sr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

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

Staff recommendation:           1 year suspension

4. In the Matter of Cynthia E. Harris; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

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

Staff recommendation:           Revocation

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

Staff recommendation:           1 year suspension

7. In the Matter of Stephen McLemore, III; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

8. In the Matter of Sarah Sutphin Medina; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

9. In the Matter of Kristina D. Ramos; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

10. In the Matter of Alyssa Marie Renfroe; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

11. In the Matter of Corey Matthew Starnes; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

12. In the Matter of Kamaria S. Swan; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

13. In the Matter of Lalanea T. Taitano; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

14. In the Matter of Sean M. Tarver; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

15. In the Matter of Lindsey Renee Webber; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

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

Staff recommendation:           1 year suspension

17. In the Matter of Daniel M. Barker; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

18. In the Matter of Deanna Lynn Cousin; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

19. In the Matter of Reginald D. English; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

20. In the Matter of Marc R. Mackey; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

21. In the Matter of Marcus E. Johnson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1 year suspension

22. In the Matter of Roberto Lucero, Sr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

23. In the Matter of Richard Dean Hollis, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

24. In the Matter of Mary E. Bohn; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

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

Staff recommendation:           4 year suspension

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

Staff recommendation:           Revocation

27. In the Matter of Rickey Goins, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

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

Staff recommendation:           Revocation

29. In the Matter of Amy Lynn Maxson; 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

30. In the Matter of Rachel Y. Woodrome-Holmes; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

31. In the Matter of Nicholas R. Calhoun; 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

32. In the Matter of Kelly Elaine Roberts (Cline); 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

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

Staff recommendation:           Revocation

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

Staff recommendation:           3 year suspension

B. Contested Cases

Proposals for Decision

1. Docket No. 701183945.EC, Texas Education Agency, Educator Leadership and Quality Division v. Emily Carney; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Six (6) month suspension

Staff Recommendation:         Nine (9) month suspension

2. Docket No. 701191388.EC, Texas Education Agency, Educator Leadership and Quality Division v. Mildred Duran; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Six (6) month suspension

Staff Recommendation:         Nine (9) month suspension beginning June 1, 2019

3. Docket No. 701181895.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jamie Belinoski; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Non-Inscribed Reprimand

Staff Recommendation:         1 year suspension

4. Docket No. 701191480, Texas Education Agency, Educator Leadership and Quality Division v. David Neal Stribling, Jr.; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           2 year suspension with the last year probated

Staff Recommendation:         2 year suspension

5. Docket No. 701184829.EC, Texas Education Agency, Educator Leadership and Quality Division v. Andre Berry; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:         Accept ALJ Recommendation

C. Court Cases

District Court Cases

1. David Turner v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-002298, In the 250th District Court of Travis County, Texas.

2. Bradley Keith Bowen v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-004203, In the 98th District Court of Travis County, Texas.

3. Blake Tittle v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-007716, In the 345th District Court of Travis County, Texas.

4. Cynthia Maria Garcia v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-007719, In the 250th District Court of Travis County, Texas.

5. Adrian Charles Woodson v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-19-001181, In the 201st District Court of Travis County, Texas.

6. Leo Joseph Tran v. Texas Education Agency, Educator Certification and Standards Division; Cause No. 03-18-00855-CV, In the Court of Appeals, Third District of Texas.

DISCUSSION ONLY

16. Discussion 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 discuss 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 topics to be addressed during this discussion item include commendations for high-performing EPPs, adopting the accountability manual into rule, the determination of EPP accreditation status, action plans, and the accreditation status of a certification class or category. 

17. Discussion of Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed revisions would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 3349, 85th Texas Legislature, Regular Session, 2017. The proposed revisions would add clarification for select definitions, would add language for admission requirements for the Early Childhood through Grade 3 (EC-3) certificate and for the Trade and Industrial Workforce Training: Grades 6-12 certificate, and would clarify the effective date in Subchapter A.  The proposed revisions would implement subject-matter-only assessments to be used for the Pre-Admission Content Test (PACT) in lieu of the current examination that tests an applicant’s knowledge of both content and pedagogy prior to admission to an educator preparation program (EPP).  The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations.

18. Discussion of Special Education Forum Recommendations and Test Development Updates

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss the recommendations from the three-part special education policy forums held between November 2018 and January 2019 and provides an update on the upcoming educator certification test development process.

19. Discussion of 2017-2018 and 2018-2019 Continuing Approval Reviews of Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to review and discuss the educator preparation program (EPP) continuing approval review process and the results to date for the 2017-2018 and 2018-2019 reviews. This item provides context for Board action at the October 2019 meeting regarding the continuing approval of the reviewed programs.

INFORMATION ONLY

20. Board Operating Policies and Procedures (BOPP)

21. 2019-2022 Rule Review Plan for State Board for Educator Certification Rules

22. Requests from Board Members for Future Agenda Items

23. Requests Received from the Board Since Last Meeting

24. 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.