March 2, 2018 SBEC Meeting Agenda
March 2, 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 December 8, 2017 Board Meeting Minutes
DISCUSSION AND ACTION
5. Update on Divisions of Educator Leadership and Quality Department
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss updates provided by the Division of Educator Certification and Testing; Educator Preparation and Program Accountability; Educator Investigations; and Legal Services for the Fiscal Year (FY) 2017-2018.
6. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs
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 TAC Chapter 229, Accountability System for Educator Preparation Programs. The rules being reviewed provide requirements for the accountability system for educator preparation programs (EPPs), including the assignment of an EPP accreditation status, and allow the SBEC to intervene in cases of low performance.
7. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 247, Educators' Code of Ethics
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 TAC Chapter 247, Educators' Code of Ethics. The rules being reviewed provide the code of ethics for Texas educators.
8. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 250, Administration
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 TAC Chapter 250, Administration. The rules being reviewed establish procedures for SBEC purchasing and for handling petitions for the adoption of rules that the SBEC receives.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose an amendment to 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment would implement legislation from the 84th Texas Legislative Session, 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.
This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed new 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter B, Elementary School Certificate Standards. Proposed new 19 TAC §§235.13, Content Standards, Early Childhood: Prekindergarten-Grade 3, 235.15, Science of Teaching Reading Standards, Early Childhood: Prekindergarten-Grade 3, 235.21, Pedagogy and Professional Responsibilities Standards, Early Childhood-Grade 6, and 235.25, Implementation Date, Early Childhood-Grade 6, would implement recent legislation from the 85th Texas Legislative Session, 2017, specify the educator standards required for the Early Childhood: Prekindergarten-Grade 3 certification as well as the pedagogy and professional responsibilities (PPR) educator standards required for the Early Childhood-Grade 6 certification. The proposed new chapter reflects feedback provided by the SBEC-appointed Classroom Teacher Standards Advisory Committee for the Early Childhood: Prekindergarten-Grade 3 and Early Childhood-Grade 6 PPR standards. 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. Consider and Take Appropriate Action on Adoption of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment
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 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators. The proposed amendment to 19 TAC §230.21, Educator Assessment, would update the figure in subsection (e) with the appropriate required examinations for Texas certificate issuance and would incorporate language that strengthens the provisions concerning test security and confidentiality integrity. Additional technical changes are being recommended for clarification purposes. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.
12. Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs, and Subchapter B, Preliminary Evaluation of Certification Eligibility
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 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs, and Subchapter B, Preliminary Evaluation of Certification Eligibility. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 1508, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations. An additional change is recommended to 19 TAC §227.10 since published as proposed.
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 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11, Number and Content of Required Continuing Professional Education Hours. The proposed amendment would implement changes resulting from the 85th Texas Legislature, Regular Session, 2017, which include adding new continuing professional education (CPE) topics for all educators. The proposed amendment would also add minimum requirements for several CPE topics for individuals holding standard classroom teacher, principal, and school counselor certificates. 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) the opportunity to approve the proposed 2016-2017 Accountability System for Educator Preparation Programs (ASEP) accreditation status for 21st Century Leadership Principal Preparation Program (21st Century) as Accredited - Probation (Year Three).
DISCIPLINARY CASES
15. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
No Answer Defaults
1. In the Matter of Jason Bradley Autrey; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
2. In the Matter of Stephanie Harry; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
3. In the Matter of Christina Kime; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
4. In the Matter of Rosa Maria Krishnan; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
5. In the Matter of Teresa Martinez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
6. In the Matter of Robert Philip Carwithen; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
7. In the Matter of Priscilla Acosta Casas; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
8. In the Matter of James Michael Fuller; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
9. In the Matter of Walter Hunt III; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
10. In the Matter of Melanese N. Malcolm; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
11. In the Matter of Eric Martinez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
12. In the Matter of Christy Molinar; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
13. In the Matter of Miguel Ruiz; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
14. In the Matter of Cesia Salvador Perez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
15. In the Matter of Robert Denney Applewhite; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
16. In the Matter of Robert Scott Curry; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
17. In the Matter of Jorge Emilio Flores; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
18. In the Matter of Domingo Salinas; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
19. In the Matter of Robert Lynn Fairchild; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
20. In the Matter of Marcellars Lamont Mason; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
21. In the Matter of Katrina R. Smith; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension and proof of successful completion of substance abuse treatment classes
22. In the Matter of Teresa Gail Head; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
23. In the Matter of Maurice Jones; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
24. In the Matter of Pharisse Berry, Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
25. In the Matter of Shannon Bonner; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
26. In the Matter of Lisa Brollier; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
27. In the Matter of Leah Ann Brubaker; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
28. In the Matter of Renaud Roman Chavana; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
29. In the Matter of Stephan Jahnke; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
30. In the Matter of Kimber Komurke; 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 Cassandra Renee Mendez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
32. In the Matter of Danielle T. Pontus; 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
33. In the Matter of Terri Dawn Cooley; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
34. In the Matter of Andrea F. Rodriguez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
35. In the Matter of Laura Diane West; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
36. In the Matter of Justin Gent; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
37. In the Matter of Kathi Chene’ Milam; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
38. In the Matter of Eric Rodney Hayes; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
SOAH Defaults
1. In the Matter of Lana Ruthart; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
2. In the Matter of Felecia Caruthers; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
3. In the Matter of Daniel Spencer; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
B. Contested Cases
Proposals for Decision
1. Docket No. 701175501.EC, Texas Education Agency, Educator Leadership and Quality Division v. Troy French; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Permanent Revocation
2. Docket No. 701174930.EC, Texas Education Agency, Educator Leadership and Quality Division v. Edward Elizondo; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Accept ALJ recommendation
3. Docket No. 701172887.EC, Texas Education Agency, Educator Leadership and Quality Division v. Linda Holmes; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: No disciplinary action be taken
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. Michael Jimenez v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-001964, In the 201st District Court of Travis County, Texas.
3. 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.
4. 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.
5. Norma Regina Gonzalez (a/k/a Gina Oaxaca) v. Texas Education Agency, Educator Standards Division; Cause No. D-1-GN-17-004263, In the 200th District Court of Travis County, Texas.
6. 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 AND ACTION
16. Consider and Take Appropriate Action on Election of State Board for Educator Certification Officers
The Board will elect a Chairperson, Vice-Chairperson, and Secretary.
17. Board Operating Policies and Procedures Review
This item provides the State Board for Educator Certification (SBEC) an opportunity to review the Board Operating Policies and Procedures (BOPP).
DISCUSSION ONLY
18. Discussion 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 discuss proposed amendments to 19 TAC Chapter 247, Educators’ Code of Ethics. The proposed amendments would add definitions to 19 TAC §247.1 to make the Educators’ Code of Ethics more clear and enforceable, 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 that educators are subject to discipline by the SBEC for violating written directives from school administrators, and would include all educators who have had an inappropriate relationship with a student or minor among the people that another educator cannot assist in getting a job.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 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.
20. Discussion and Update on Principal Certification Redesign
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss an update on the Principal Certification Redesign, that starts with a new principal certification name (Principal as Instructional Leader) and includes new principal certification assessments, an optional tiered process for obtaining standard certification, and an endorsement for currently certified principals and assistant principals. This item also provides a preview of upcoming rule items for the Board’s consideration to implement the redesign.
21. Discussion of Proposed Amendments to 19 TAC Chapter 230, Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; 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 revisions 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; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. The four subchapters being discussed outline testing requirements for certification; provide general eligibility, recommendation, and issuance requirements for various types of certificates; and confirm the overall process for individuals already certified in other states or countries to obtain Texas certification.
22. Discussion of Educator Testing Contract and Request for Proposal
This item provides an update to the State Board for Educator Certification (SBEC) on activities completed by staff to date as relates to the request for proposal (RFP) for the next four-year educator testing contract.
INFORMATION ONLY
23. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules
24. Requests from Board Members for Future Agenda Items
25. Requests Received from the Board Since Last Meeting
26. Adjournment