May 18, 2018 SBEC Meeting Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
May 18, 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 March 2, 2018 Board Meeting Minutes
DISCUSSION AND ACTION
5. Consider and Take Appropriate Action on 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 and propose amendments to 19 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.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 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 educators' violations of written directives from school administrators regarding the educator's behavior toward a student to the definitions of "solicitation of a romantic relationship" and to both the definition and general principle of 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 satisfactory evidence on which the SBEC can take disciplinary action, 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 currently proposed to be stricken from 19 TAC Chapter 247, Educators' Code of Ethics.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 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.
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.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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. 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.
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 educator preparation programs (EPPs). Currently, one hundred and eighteen (118) programs are recommended to be rated as “Accredited,” three (3) programs as “Accredited-Not Rated,” three (3) programs as “Accredited-Warned,” and four (4) programs as “Accredited-Probation.” Thirty-one (31) programs will be required to develop an action plan to address deficiencies in aggregated and/or disaggregated group performance. Fifty-three (53) programs will be provided with a notice regarding a certification examination performance issue with one or more certification fields. At the time this agenda item went to print, the proposed recommendation for six (6) programs was pending.
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve an agreed order to close the 21st Century Leadership Principal Preparation Program (21st Century Leadership).
12. Consider and Take Action on Clinical Teaching Exception Request
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and take action on the request by the University of Houston teachHOUSTON Program for an exception to the clinical teaching options described in SBEC rule (19 Texas Administrative Code (TAC) §228.35(e)(2)(A) and (B)). An exception request must include an alternate requirement that will adequately prepare teacher candidates for certification and ensure the teacher is effective in the classroom. The Texas Education Agency (TEA) staff recommends that the SBEC approve the request with conditions.
DISCIPLINARY CASES
13. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
No Answer Defaults
1. In the Matter of Gilbert Bower; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
2. In the Matter of Shabelee Bowie; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
3. In the Matter of Emmanuel Carrillo; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
4. In the Matter of Brandon Hohfeld; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
5. In the Matter of Alexandria Livoti; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
6. In the Matter of Jessica Maldonado; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
7. In the Matter of Landon Penn; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
8. In the Matter of Joel Phong Ruthenbeck; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
9. In the Matter of Joshua Sermon; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
10. In the Matter of Christina Lockett Wilson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
11. In the Matter of Ronald Wise; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
12. In the Matter of Adrien B. Anderson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
13. In the Matter of Berenice Garcia; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
14. In the Matter of Miguel Angel Morales; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
15. In the Matter of Lexteun Salazar; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
16. In the Matter of Javier Hernandez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
17. In the Matter of Moises Fernando Hinojosa; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
18. In the Matter of Charles A. Brown, II; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
19. In the Matter of Jayden Carlos; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
20. In the Matter of Erica Caro; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
21. In the Matter of Kellie Davis; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
22. In the Matter of Meagan Renee’ Gurley; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
23. In the Matter of Alfredo Guzman, III; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
24. In the Matter of Jacqueline G. Hildebrand; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
25. In the Matter of Darion Ragsdale, Sr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
26. In the Matter of Mario Alberto Salinas; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
27. In the Matter of Christopher P. Shelton; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
28. In the Matter of Felicia Shuler; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
29. In the Matter of Daniel Vanderburg; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
30. In the Matter of Jamie Lynn Weeks; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
31. In the Matter of Leo Kevin Cavazos; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 4 year suspension and proof of successful completion of substance abuse treatment program
32. In the Matter of Gina Cooper; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
33. In the Matter of Damian D. Davis; 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
34. In the Matter of Langston Grady; 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
35. In the Matter of Stephanie Hardin; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 4 year suspension and proof of successful completion of substance abuse treatment program
36. In the Matter of Stephanie Lewis; 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
37. In the Matter of Eric Ramos; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
38. In the Matter of Michael Schleider; 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
39. In the Matter of Valerie Spillman; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 4 year suspension and proof of successful completion of substance abuse treatment program
40. In the Matter of Sean Preston; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
41. In the Matter of Lupe Sarinana; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
42. In the Matter of Jason K. Campbell; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 4 year suspension
43. In the Matter of Carl Durr, Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
44. In the Matter of Sergio D. Garcia; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
45. In the Matter of Bianca Odom; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
46. In the Matter of Nathalie Pate; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
47. In the Matter of Humberto Rene Garza; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
48. In the Matter of Jaya Jacob; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension and proof of successful completion of anger management classes
SOAH Defaults
1. In the Matter of Christopher Arthur Durham; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
2. In the Matter of Susana L. Lopez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
B. Contested Cases
Proposals for Decision
1. Docket No. 701175182.EC, Texas Education Agency, Educator Leadership and Quality Division v. Bradley Bowen; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Non-inscribed Reprimand
Staff Recommendation: 2 year suspension
2. Docket No. 701174846.EC, Texas Education Agency, Educator Leadership and Quality Division v. Shane D. Dunn; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Inscribed Reprimand
Staff Recommendation: 1 year suspension
3. Docket No. 701175023.EC, Texas Education Agency, Educator Leadership and Quality Division v. Dale Faulks; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Permanent Revocation
Staff Recommendation: Accept ALJ recommendation
4. Docket No. 701181840.EC, Texas Education Agency, Educator Leadership and Quality Division v. Derrick Thomas; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Permanent Revocation
Staff Recommendation: Accept ALJ recommendation
5. Docket No. 701182574.EC, Texas Education Agency, Educator Leadership and Quality Division v. Joel Provencio; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Permanent Revocation
Staff Recommendation: Accept ALJ recommendation
6. Docket No. 701180636.EC, Texas Education Agency, Educator Leadership and Quality Division v. Laura Zuniga; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Accept ALJ recommendation
C. Court Cases
District Court Cases
1. Leo Joseph Tran v. State Board for Educator Certification; Cause No. D-1-GN-16-001802, In the 126th District Court of Travis County, Texas.
2. David Turner v. State Board for Educator Certification; Cause No. D-1-GN-17-002298, In the 250th District Court of Travis County, Texas.
3. Anna Luisa Kell v. State Board for Educator Certification; 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. State Board for Educator Certification; Cause No. D-1-GN-17-004263, In the 200th District Court of Travis County, Texas.
5. Joel Trigo v. State Board for Educator Certification; Cause No. D-1-GN-17-006874, In the 459th District Court of Travis County, Texas.
DISCUSSION ONLY
14. Discussion of Proposed Repeal of and New 19 TAC Chapter 241, Principal Certificate
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the proposed repeal of and new 19 TAC Chapter 241, Principal Certificate. The proposed repeal of and new 19 TAC Chapter 241 would reorganize the chapter to allow for the chapter title to reflect both the new principal certificate as well as the current principal certificate, establish the requirements for the new principal certificate, and provide for an endorsement for individuals who hold a certificate to serve in the role of principal.
15. Discussion of 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
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss an 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 provide continuing professional education (CPE) credit for individuals who pass the components of the performance assessment for the recommended Principal as Instructional Leader endorsement.
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. Chapter 230 serves as a foundation for the practices and procedures related to educator preparation and certification. The four subchapters being discussed outline testing requirements for certification; provide general eligibility, recommendation and issuance requirements for several types of certificates; and confirm the overall process for individuals already certified in other states or countries to obtain Texas certification. The proposed revisions would provide necessary updates to certification and/or testing requirements and align SBEC rules where applicable with provisions from recent legislation.
INFORMATION ONLY
17. Board Operating Policies and Procedures (BOPP)
18. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules
19. Requests from Board Members for Future Agenda Items
20. Requests Received from the Board Since Last Meeting
21. 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.