January 9, 2015 Special Meeting and Work Session Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SPECIAL MEETING
AND WORK SESSION AGENDA
January 9, 2015 at 9:00 a.m.
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 will allocate up to thirty (30) minutes at the beginning of each regularly scheduled meeting of the Board for public comment on any agenda or non-agenda item concerning SBEC business.
4. Pending or Contemplated Litigation, including Disciplinary Cases and Settlement Options
The Board may meet in closed Executive Session, pursuant to section 551.071(2) and/or 551.071(1), of the Texas Government Code, to seek legal advice regarding pending or contemplated litigation or settlement of same, and contested cases related to educator discipline and other matters arising under 19 Texas Administrative Code Chapter 249. Pursuant to section 551.102 of the Texas Government Code, any final action on matters discussed in Executive Session must be made in an open meeting.
A. Contested Cases
I. No Answer Defaults
1) Docket No. 8125-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Alicia Lozano; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
2) Docket No. 5094-EC-0714, Texas Education Agency, Educator Leadership and Quality Division v. Molly Elena Sachs; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
3) Docket No. 5106-EC-0814, Texas Education Agency, Educator Leadership and Quality Division v. Dustin Ryan Rice; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
4) Docket No. 9114-EC-0814, Texas Education Agency, Educator Leadership and Quality Division v. Tabitha Danette Mayberry; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
5) Docket No. 9116-EC-0814, Texas Education Agency, Educator Leadership and Quality Division v. Juan Carlos Iracheta; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
6) Docket No. 5084-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Joseph Velasquez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
7) Docket No. 5102-EC-0714, Texas Education Agency, Educator Leadership and Quality Division v. Catherine Ann Sanchez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
8) Docket No. 8132-EC-0714, Texas Education Agency, Educator Leadership and Quality Division v. Elizabeth Glacken Price; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
9) Docket No. 9113-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. John Jefferies; 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
10) Docket No. 8134-EC-0714, Texas Education Agency, Educator Leadership and Quality Division v. Cody Slaughter; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
11) Docket No. 5097-EC-0714, Texas Education Agency, Educator Leadership and Quality Division v. Joy Bernadette Francisco; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
12) Docket No. 5099-EC-0714, Texas Education Agency, Educator Leadership and Quality Division v. Toi Brittney Beal-Young; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
13) Docket No. 5084-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Cynthia Inmon-Turland; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 year suspension and proof of successful completion of substance abuse treatment program
14) Docket No. 8126-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Billy Foster; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
15) Docket No. 8130-EC-0714, Texas Education Agency, Educator Leadership and Quality Division v. Gilberto Trevino, Jr.; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
16) Docket No. 8129-EC-0714, Texas Education Agency, Educator Leadership and Quality Division v. Jesse Troy Valenzuela; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
17) Docket No. 7002-EC-0914, Texas Education Agency, Educator Leadership and Quality Division v. Robert S. Harris; 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
18) Docket No. 7001-EC-0914, Texas Education Agency, Educator Leadership and Quality Division v. Yolanda Venegas; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
19) Docket No. 7008-EC-0914, Texas Education Agency, Educator Leadership and Quality Division v. Celina Garcia; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
20) Docket No. 7009-EC-0914, Texas Education Agency, Educator Leadership and Quality Division v. Cory Salinas; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
21) Docket No. 6059-EC-0914, Texas Education Agency, Educator Leadership and Quality Division v. John Tanner and Diane Kay Thomas; Action to be taken: Consideration of Issuance of Default Judgment. (only Thomas)
Diane Kay Thomas
Staff recommendation: Permanent Revocation
II. Proposals for Decision
22) Docket No. 701-14-0467.EC, Texas Education Agency, Educator Leadership and Quality Division v. Marcos Giannotti and Pablo Londono; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
Marcos Giannotti
ALJ Recommendation: 2 year suspension
Staff Recommendation: 2 year suspension
Pablo Londono
ALJ Recommendation: No Action
Staff Recommendation: No Action
III. Motions for Rehearing
None
B. Pending Litigation
I. District Court Cases
1) Barry Ryan Davis v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-12-003413, In the 201st District Court of Travis County, Texas.
II. Appellate Cases
1) State Board for Educator Certification v. Robert D. Lange; Cause No. 03-12-00453-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
2) State Board for Educator Certification v. Erasmo Montalvo; Cause No. 03-13-00370-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
3) State Board for Educator Certification v. Erasmo Montalvo; Cause No. 13-0537, In the Supreme Court, Austin, Texas.
4) Don Madden v. State Board for Educator Certification; Cause No. 14-0532, In the Supreme Court of Texas.
The Board may discuss any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting.
5) Adoption of Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.9, Fees for Educator Preparation Program Approval and Accountability, and Chapter 230, Professional Educator Preparation and Certification, Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services (PDF 108KB)
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 229, Accountability System for Educator Preparation Programs, §229.9, Fees for Educator Preparation Program Approval and Accountability, and Chapter 230, Professional Educator Preparation and Certification, Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services. As part of its report to the 83rd Texas Legislature, Regular Session, 2013, the Sunset Advisory Commission recommended a management action that fees in rule for educator certification and educator preparation programs (EPPs) be evaluated and adjusted to cover costs and ensure equity. The proposed amendments to 19 TAC §229.9 and §230.101 would adjust certain fees to more adequately cover costs and increase the equity of fees across different types of fee payers. No changes are recommended since published as proposed.
6. Adoption of Proposed New 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.70, Complaints and Investigations Procedures (PDF 117KB)
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 228, Requirements for Educator Preparation Programs, §228.70, Complaints and Investigations Procedures. As part of its report to the 83rd Texas Legislature, Regular Session, 2013, the Sunset Advisory Commission recommended a management action that adopts procedures for educator preparation program (EPP) complaints that outline all phases of the EPP complaint process, as well as track and analyze complaint data. The proposed new rule would establish procedures for filing a complaint against an EPP, impose specific responsibilities on an EPP regarding complaints, and establish the consequences if an EPP is found to be in violation of SBEC rules and/or Texas Education Code, Chapter 21. Additional changes are recommended since published as proposed.
7. Adoption of Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status, §229.5, Accreditation Sanctions and Procedures, and §229.6, Continuing Approval (PDF 70KB)
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 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status, §229.5, Accreditation Sanctions and Procedures, and §229.6, Continuing Approval. As part of its report to the 83rd Texas Legislature, Regular Session, 2013, the Sunset Advisory Commission recommended a management action that adopts procedures for educator preparation program (EPP) complaints that outline all phases of the EPP complaint process. Proposed new 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.70, Complaints and Investigations Procedures, would add these procedures in rule, and, as a result, proposed amendments to Chapter 229 are necessary. Additional changes are recommended to 19 TAC §229.4 and §229.5 since published as proposed.
8. Discussion of Rule Review of and Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases (PDF 134KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. This item also provides an opportunity to discuss the rule review of 19 TAC Chapter 249, scheduled to begin March 2015.
9. Sunset and Legislative Matters
10. Work Session
A. Overview of SBEC Authority, Mission, Goals and Upcoming Matters
B. Presentations on Educator Quality
1) Texas Teaching Commission Report
2) National Perspective on Educator Preparation and Quality Metrics
3) National Perspective on Policies to Enhance Educator Quality
C. Board Feedback on Educator Quality Presentations
D. Presentation on new Texas Educator Evaluation and Support Systems
11. 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.