August 3, 2018 SBEC Meeting Agenda
State Board for Educator Certification
Meeting Agenda
August 3, 2018 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 May 18, 2018 Board Meeting Minutes
DISCUSSION AND ACTION
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 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 7 and 1839 and House Bills (HBs) 2039, 3349, and 1963, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations. 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. Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 247, Educators’ Code of Ethics
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 Texas Administrative Code (TAC) Chapter 247, Educators' Code of Ethics. The proposed amendment to 19 TAC §247.1 would add the definitions of "sexual harassment" and "under the influence of alcohol." The proposed amendment to 19 TAC §247.2 would make educators who act recklessly in diverting money for personal gain or misrepresenting the educator's employment history subject to discipline by the SBEC, would clarify language regarding an educator's illegal use of drugs, and would add a standard regarding educator-on-educator workplace sexual harassment. The proposed amendment to 19 TAC §247.2 would also strike Standard 1.14 (a prohibition on assisting an educator with getting a new job when the educator had an inappropriate relationship with a student or minor) with the intent to move that provision to 19 TAC §249.15. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.
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 Texas Administrative Code (TAC) Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, and Subchapter B, Enforcement Actions and Guidelines. The proposed amendments to 19 TAC §§249.3, Definitions, 249.5, Purpose; Policy Governing Disciplinary Proceedings, and 249.15, Disciplinary Action by State Board for Educator Certification, would add language creating a legal presumption based on an educator’s violation of written directives from school administrators regarding the educator's behavior toward a student. This presumption would be included in the definition of "solicitation of a romantic relationship," and in the rules that define and address the term "unworthy to instruct or to supervise the youth of this state." The proposed amendments also would add the existing prohibition on assisting an educator with getting a new job when the educator had an inappropriate relationship with a student or minor to the list of reasons the SBEC can take disciplinary action. This provision is intended to comply with both the Every Student Succeeds Act (ESSA), 20 United States Code (USC), §7926, and Texas Education Code (TEC), §21.009(e), and proposed to be stricken from 19 TAC Chapter 247, Educators' Code of Ethics.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 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, subject to State Board of Education (SBOE) review, proposed amendments to 19 Texas Administrative Code (TAC) Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would implement legislation from the 85th Texas Legislature, Regular Session, 2017, to establish new certificates for Early Childhood: Prekindergarten-Grade 3 and Trade and Industrial Workforce Training: Grades 6-12; would specify procedures for an interested party to request an additional foreign language certificate; and would identify any additional requirements to obtain certification and/or be eligible to teach specific courses. Additional proposed amendments and technical changes would provide clarification for consistent application of these rules, would remove duplicative language specifying assignments into which certificate holders are eligible to placed, and would establish consistent information related to the classroom certificates issued by the SBEC.No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.
9. Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, and Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes
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 Texas Administrative Code (TAC) Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, and Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment to §250.1 would reflect a technical change that would update in rule relevant cross references to the state's Historically Underutilized Business (HUB) program. The proposed amendment to §250.20 would implement legislation from the 84th Texas Legislature, 2015, to update the petition form for adoption of rules or rule changes to require the petitioner to indicate that the petitioner meets one of the four definitions of an interested person. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.
10. Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. Chapter 230 serves as a foundation for the practices and procedures related to educator preparation and certification. The subchapters discussed outline testing requirements for certification; provide general eligibility, recommendation, and issuance requirements for several types of certificates; identify fees for certification services; and confirm the overall process for individuals already certified in other states or countries to obtain Texas certification. The proposed amendments would provide necessary updates to certification and/or testing requirements and would align SBEC rules where applicable with provisions from recent legislation.
11. Consider and Take Appropriate Action on Proposed Review of 19 TAC Chapter 241, Principal Certificate
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 241, Principal Certificate. The rules being reviewed provide requirements relating to the certification of principals.
12. Consider and Take Appropriate Action on the Proposed Repeal of 19 TAC Chapter 241, Principal Certificate, and New 19 TAC Chapter 241, Certification as Principal
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose the repeal of 19 Texas Administrative Code (TAC) Chapter 241, Principal Certificate, and new 19 TAC Chapter 241, Certification as Principal. The proposed repeal of and new 19 TAC Chapter 241 would reorganize the chapter to allow for the chapter title to reflect both the proposed new principal certificate as well as the current principal certificate, would establish the requirements for the proposed new principal certificate, and would provide for a proposed new endorsement for individuals who hold a certificate to serve in the role of principal.
13. Consider and Take Appropriate Action on Proposed Review of 19 TAC Chapter 242, Superintendent Certificate
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 242, Superintendent Certificate. The rules being reviewed provide requirements relating to the certification of superintendents.
14. Consider and Take Appropriate Action on Request to Approve 2016-2017 Accountability System for Educator Preparation Programs (ASEP) Accreditation Statuses
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2016-2017 Accountability System for Educator Preparation Programs (ASEP) accreditation statuses for two educator preparation programs (EPPs). A status of Accredited-Probation is being recommended for TeacherBuilder.com and a status of Accredited-Warned is being recommended for Training via E-Learning: An Alternative Certification Hybrid (TEACH).
15. Consider and Take Appropriate Action on Review of Occupational License Criteria
House Bill (HB) 91, enacted by the 85th Legislature in 2017, requires that each licensing authority shall, for each license issued by the authority that has an eligibility requirement related to an applicant's criminal history, review the requirement and make a recommendation regarding whether the requirement should be retained, modified, or repealed.
16. Pending or Contemplated Litigation, Including Disciplinary Cases
A. Defaults
No Answer Defaults
1. In the Matter of Misty Alvarado; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
2. In the Matter of Melissa Ciau-Medina; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
3. In the Matter of Alison Crosby; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
4. In the Matter of Dorothy R. Hanshaw; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
5. In the Matter of Pablo Lopez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
6. In the Matter of Trina Olson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
7. In the Matter of Loyce Willis Reed; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
8. In the Matter of Alyson Reynolds; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
9. In the Matter of Gregory Thackston; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
10. In the Matter of Justin Winkler; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
11. In the Matter of Jacob Daniel Hewitt; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
12. In the Matter of Keshun Smith; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
13. In the Matter of Larry Dean Ward; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
14. In the Matter of Jonathan Barger; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
15. In the Matter of Roy Brown; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
16. In the Matter of Deborah Canty; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
17. In the Matter of Brenda Jackson Colbert; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
18. In the Matter of Vanessa Ann Euglon; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
19. In the Matter of Melissa Picht; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 3 year suspension
20. In the Matter of Robin Lee Smith; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
21. In the Matter of Octavio R. Villarroel; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 3 year suspension
22. In the Matter of Matthew Ryan Wackerle; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
23. In the Matter of Debra White; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
24. In the Matter of Cristina Mercedes Alejandro; 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
25. In the Matter of Alesia Martha Cate; 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
26. In the Matter of Fred Contento; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
27. In the Matter of Bertha Rosa Frausto; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
28. In the Matter of Maria Ibarra; 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
29. In the Matter of Kathleen Klukas; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
30. In the Matter of Evan Michael Martin; 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
31. In the Matter of Dana Michelle Morrill; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
32. In the Matter of Jody Daniel Parsons; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
33. In the Matter of Russell Lance Roberts Lockhart; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
34. In the Matter of Lamar R. Williams; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension and successful completion of substance abuse treatment program
35. In the Matter of Jessica Marie Caballero; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
36. In the Matter of Karen L. Celestain; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
37. In the Matter of Fernando Alvarez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 4 year suspension
38. In the Matter of Mitchell Coey; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
39. In the Matter of Evelyn S. Levario; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 3 year suspension
40. In the Matter of Melissa Ruth Stephens; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
41. In the Matter of Randi Pacheco; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 3 year suspension
42. In the Matter of Lauren Swafford; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
43. In the Matter of Mary A. Bronson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
SOAH Defaults
1. In the Matter of Herman Joseph Bernal; 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
B. Contested Cases
Proposals for Decision
1. Docket No. 701175443.EC, Texas Education Agency, Educator Leadership and Quality Division v. Yuri Alfredo Soto; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 5 year suspension
Staff Recommendation: Accept ALJ recommendation
2. Docket No. 701180848.EC, Texas Education Agency, Educator Leadership and Quality Division v. Larry Woods; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 2 year suspension
Staff Recommendation: Accept ALJ recommendation
3. Docket No. 701182696.EC, Texas Education Agency, Educator Leadership and Quality Division v. Eliseo Ramos; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 year suspension with 6 months probated
Staff Recommendation: 2 year suspension
4. Docket No. 701182773.EC, Texas Education Agency, Educator Leadership and Quality Division v. Akeya Peoples; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Appeal denied and no certificate issued
Staff Recommendation: Accept ALJ recommendation
C. Court Cases
District Court Cases
1. Leo Joseph Tran v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-16-001802, In the 126th District Court of Travis County, Texas.
2. 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.
3. Anna Luisa Kell v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-002347, In the 419th District Court of Travis County, Texas.
4. Norma Regina Gonzalez (a/k/a Gina Oaxaca) v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-004263, In the 200th District Court of Travis County, Texas.
5. Joel Trigo v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-006874, In the 459th District Court of Travis County, Texas.
DISCUSSION ONLY
17. Discussion of Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards
This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss proposed new 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards. The proposed new rule would specify the certification standards for the Trade and Industrial Workforce Training (6-12) Certificate to implement the statutory requirements of House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017; and the Texas Essential Knowledge and Skills (TEKS)-based certification standards.
INFORMATION ONLY
18. Board Operating Policies and Procedures (BOPP)
19. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules
20. Requests from Board Members for Future Agenda Items
21. Requests Received from the Board Since Last Meeting
22. 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.