October 5, 2018 SBEC Meeting Agenda
State Board for Educator Certification
Meeting Agenda
October 5, 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 August 3, 2018 Board Meeting Minutes
DISCUSSION AND ACTION
Texas Education Code (TEC), §21.042, requires the State Board for Educator Certification (SBEC) to submit a written copy of each rule it proposes to adopt to the State Board of Education (SBOE) for review. At its September 14, 2018 meeting, the SBOE rejected the proposed amendments to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. This item provides the SBEC an opportunity to discuss and reconsider the action taken at the August 2018 SBEC meeting to adopt, subject to SBOE review, the proposed amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs. To address the SBOE's concerns, TEA staff recommends that the SBEC remove the proposed amendment to §228.35 that allowed educator preparation programs (EPPs) to provide candidates seeking certification in Marketing: Grades 6-12 and Health Science: Grades 6-12 with fewer than 300 clock-hours of coursework and/or training.
6. Consider and Take Appropriate Action on Adoption of 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 adopt, subject to State Board of Education (SBOE) review, 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 being amended 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. 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 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.
8. Consider and Take Appropriate Action on Adoption of 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 adopt, subject to State Board of Education (SBOE) review, proposed 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. 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 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.
10. Discussion and Approval of Standards Advisory Committees
This item provides the State Board for Educator Certification (SBEC) with an opportunity to approve the membership of the standards development advisory committees for the Trade and Industrial Workforce Training: Grades 6-12 and English as a Second Language: Grades EC-12 certificates. The committees will work with staff to draft the educator standards that will subsequently define the content of the educator preparation programs (EPP) and certification examinations.
11. Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards
This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss and propose revisions to 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards. The proposed revisions would add the Texas Essential Knowledge and Skills (TEKS)-based certification standards; would add reference to the new certification standards for the Trade and Industrial Workforce Training: Grades 6-12 certificate to implement the statutory requirements of House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017; and would clarify the effective date of Subchapter D.
12. Consider and Take Appropriate Action on Proposed Amendment to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status. The proposed amendment to 19 TAC §229.4 would adjust the performance standards for the accountability indicators for certification examinations and principal appraisals, would clarify performance standards, and would remove outdated provisions.
13. Consider and Take Appropriate Action on Request to Approve 2016-2017 Accountability System for Educator Preparation Programs (ASEP) Accreditation Status for TeacherBuilder.com
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve a 2016-2017 Accountability System for Educator Preparation Programs (ASEP) Accreditation Status for TeacherBuilder.com (TBC).
14. Consider and Take Appropriate Action on Request to Approve Educator Preparation Advisory Committee Members
This item provides the State Board for Education Certification (SBEC) with an opportunity to approve Educator Preparation Advisory Committee (EPAC) members. The SBEC is statutorily authorized to approve members of advisory committees. The committee members selected for the EPAC are representative of the diverse types of educator preparation programs (EPPs) in the state. The committee meets at least quarterly each year to provide input on issues related to EPPs in Texas.
15. Consider and Take Appropriate Action on 2019-2022 Rule Review Plan for State Board for Educator Certification Rules
This item provides an opportunity for the State Board for Educator Certification (SBEC) to approve a proposed four-year rule review plan for SBEC rules. Texas Government Code, §2001.039, requires a rule review of existing state agency rules, including SBEC rules. The rule review requirement in Texas Government Code, §2001.039, is designed to ensure that the reasons for initially adopting the rule continue to exist.
16. Discussion and Action on Request to Approve Proposed 2019 State Board for Educator Certification Meeting Dates
According to the Texas Education Code (TEC), §21.038, the State Board for Educator Certification (SBEC) shall meet at least once in each quarter of the calendar year. The SBEC may meet at other times at the call of the presiding officer or as provided by the rules of the Board. The purpose of this item is to set the regular SBEC meeting dates and work session date for 2019.
DISCIPLINARY CASES
17. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
Good Cause Determination
1. In the Matter of Blake Tyler Tittle; Action to be taken: Determination of Good Cause and Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
No Answer Defaults
1. In the Matter of Jena J’Niece Aust; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
2. In the Matter of Meagan Victoria Bonds; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
3. In the Matter of Jerred Caskey; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
4. In the Matter of Julie DePierri; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
5. In the Matter of Sherry Nicole Goodman; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
6. In the Matter of Ryan Livingston; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
7. In the Matter of Simon G. Razavi; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
8. In the Matter of Melanie A. Rich; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
9. In the Matter of Ashley Torres; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
10. In the Matter of Antonio Camacho, Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
11. In the Matter of Gose R. Cavazos; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
12. In the Matter of Carlos Chung-Salazar; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
13. In the Matter of Kearney Day; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
14. In the Matter of Eric Owen Johnson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
15. In the Matter of Domenic J. Livoti; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
16. In the Matter of Terrill Yeager; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
17. In the Matter of Isaac Aldaco; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
18. In the Matter of Clarence Appleby; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
19. In the Matter of Ronald Hogan; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
20. In the Matter of Dana Markaya Rothman; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
21. In the Matter of Ariana Marie Cary; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
22. In the Matter of Zachary Michael McOmber; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
23. In the Matter of Diandra Sheppard; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
24. In the Matter of Bobby Rosalio Cantu; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
25. In the Matter of Neiva Janett Diaz; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
26. In the Matter of Joshua Gomez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
27. In the Matter of Mirtha Hernandez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
28. In the Matter of Brian Eric Paque; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
29. In the Matter of Casey T. Andrews; 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 Andrea Megan Bearden; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
31. In the Matter of Rebecca Clements; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
32. In the Matter of Mariza Elizondo; 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 Paul Alton Fincher; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
34. In the Matter of Raul Larralde; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
35. In the Matter of Satchie Dolan Leighton; 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
36. In the Matter of Tamara Leigh Maldonado; 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 Sylvia Medrano; 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
38. In the Matter of Mariely Morales Del Valle; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
39. In the Matter of Rachel R. Ramirez; 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
40. In the Matter of Emory Sidney; 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
41. In the Matter of Rebecca Susan Vaughn; 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
42. In the Matter of Willie Wilson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
43. In the Matter of Diana E. Najera; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
44. In the Matter of Debbie Rodriquez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
45. In the Matter of Alma Gonzalez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
46. In the Matter of Deborah Michele Gueperoux; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
47. In the Matter of Maureen Sharon Youngblood; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
48. In the Matter of Alma Nery Villanueva; 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
49. In the Matter of Kathy J. Ware; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
50. In the Matter of Tim Wiggins; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
SOAH Defaults
1. In the Matter of Ashley Nichole Dreahn; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
B. Contested Cases
Proposals for Decision
1. Docket No. 701182501.EC, Texas Education Agency, Educator Leadership and Quality Division v. Debbie Casares; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 6 month suspension
Staff Recommendation: 2 year suspension
2. Docket No. 701183458.EC, Texas Education Agency, Educator Leadership and Quality Division v. Cynthia M. Garcia; 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. 701180638.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jana Gillespie; 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. 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 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.
6. 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.
7. Shelby Junge v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-000707, In the 200th District Court of Travis County, Texas.
DISCUSSION ONLY
18. Discussion and Update on Teacher Certification Redesign
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss an update on the Teacher Certification Redesign, presented to the Board on August 2, 2018, including substituting subject-matter only assessments for pre-admission content tests (PACT), the option of an intensive pre-service pathway towards certification, updating the current content exams, and the phase-in of edTPA, a performance-based portfolio assessment.
INFORMATION ONLY
19. Board Operating Policies and Procedures (BOPP)
20. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules
21. Requests from Board Members for Future Agenda Items
22. Requests Received from the Board Since Last Meeting
23. 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.