March 27, 2015 Meeting Agenda

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. Approval of October 24, 2014 Board Meeting Minutes

5. Approval of January 9, 2015 Board Meeting Minutes

6. Pending or Contemplated Litigation, including Disciplinary Cases and Agreed Orders

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. Agreed Orders

1) In the Matter of Annalee Arredondo

2) In the Matter of Jami Cashion

3) In the Matter of Julie Annette Castillo

4) In the Matter of Kenneth Louis Estrella

5) In the Matter of Elizabeth F. Haddock

6) In the Matter of Diann Hynson

7) In the Matter of Xavier Rangel

8) In the Matter of Joe P Solis

9) In the Matter of Elizabeth S. Sparks

10) In the Matter of Kevin Jay Stamp

11) In the Matter of Suzanne Jo Demint

12) In the Matter of Josue Villarreal

13) In the Matter of Lavius Taylor

14) In the Matter of Briana C. Sam

15) In the Matter of Efrain Washington

16) In the Matter of Kelli Shanae Ketterman

B. No Answer Defaults

1. In the Matter of John Allen Rogers, Texas Education Agency, Educator Leadership and Quality Division v. John Allen Rogers; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanently Revoked

2. In the Matter of David Buntyn, Texas Education Agency, Educator Leadership and Quality Division v. David Buntyn; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanently Revoked

3. In the Matter of Amanda Mae Ligon, Texas Education Agency, Educator Leadership and Quality Division v. Amanda Mae Ligon; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

4. In the Matter of Alicia Louise Morris, Texas Education Agency, Educator Leadership and Quality Division v. Alicia Louise Morris; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

5. In the Matter of Quanisha Johnson, Texas Education Agency, Educator Leadership and Quality Division v. Quanisha Johnson; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation
6. In the Matter of Monica Noyes, Texas Education Agency, Educator Leadership and Quality Division v. Monica Noyes; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanently Revoked

7. In the Matter of Amy Renee Schilling, Texas Education Agency, Educator Leadership and Quality Division v. Amy Renee Schilling; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanently Revoked

8. In the Matter of Joy Lynn Hecker Hough, Texas Education Agency, Educator Leadership and Quality Division v. Joy Lynn Hecker Hough; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

9. In the Matter of Betsy Paxton, Texas Education Agency, Educator Leadership and Quality Division v. Betsy Paxton; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

10. In the Matter of Suzanne Burkett, Texas Education Agency, Educator Leadership and Quality Division v. Suzanne Burkett; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanently Revoked

11. In the Matter of Jeffrey Bob Israel, Texas Education Agency, Educator Leadership and Quality Division v. Jeffrey Bob Israel; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanently Revoked

12. In the Matter of Jill Rae Humphreys, Texas Education Agency, Educator Leadership and Quality Division v. Jill Rae Humphreys; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

13. In the Matter of Cortney Leanne Cox, Texas Education Agency, Educator Leadership and Quality Division v. Cortney Leanne Cox; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

14. In the Matter of Casey Leighann Fuller aka Casey Leighann Kennedy, Texas Education Agency, Educator Leadership and Quality Division v. Casey Leighann Fuller aka Casey Leighann Kennedy; 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

15. In the Matter of Steven M. Lewis, Texas Education Agency, Educator Leadership and Quality Division v. Steven M. 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

16. In the Matter of David Ray Proctor, Texas Education Agency, Educator Leadership and Quality Division v. David Ray Proctor; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanently Revoked

17. In the Matter of Brittani Anderson, Texas Education Agency, Educator Leadership and Quality Division v. Brittani Anderson; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanently Revoked

C. Contested Cases

I. Proposals for Decision

1. Docket No. 701 14 4004.EC, Roberto R. Villalon v. Texas Education Agency, Educator Leadership and Quality Division; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Certificate Permanently Revoked and Application for Principal’s Certificate Permanently Denied

Staff Recommendation: Certificate Permanently Revoked and Application for Principal’s Certificate Permanently Denied

II. Motions for Rehearing

None
 
D. Court Cases

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.

7. Consider and Take Appropriate Action on Request to Approve New Classes of Certificates (PDF 182 KB)

Southern Methodist University (Dallas, Texas) seeks approval to offer the Superintendent class of certification. Houston Baptist University (Houston, Texas) seeks approval to offer the Superintendent class of certification. TEA program specialists reviewed the proposals and found that they complied with provisions of 19 Texas Administrative Code (TAC) Chapter 227, Provisions for Educator Preparation Candidates, Chapter 228, Requirements for Educator Preparation Programs, Chapter 230, Professional Educator Preparation and Certification, and Chapter 242, Superintendent Certificate.

8. Consider and Take Appropriate Action on Adoption of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter E, Grades 9-12 Assignments (91 KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter E, Grades 9-12 Assignments. The proposed revisions to 19 TAC Chapter 231, Subchapter E, would clarify the appropriate credential for placement in a particular teaching assignment and ensure alignment with changes to public school curriculum as a result of House Bill 5, 83rd Texas Legislature, Regular Session, 2013. No changes are recommended since published as proposed.

9. Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §§233.3, 233.4, 233.5, and 233.14 (PDF 81KB)

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 233, Categories of Classroom Teaching Certificates, §233.3, English Language Arts and Reading; Social Studies; §233.4, Mathematics; Science; §233.5, Technology Applications and Computer Science; and §233.14, Career and Technical Education (Certificates requiring experience and preparation in a skill area). The proposed amendments to 19 TAC §§233.3-233.5 and 233.14 would add deadlines for completion and submission requirements for specific Grades 8-12 certificates in the subject areas of English Language Arts and Reading, Social Studies, Mathematics, Science, Technology Applications and Computer Science, and Career and Technical Education (Certificates requiring experience and preparation in a skill area). No changes are recommended since published as proposed.

10. Consider and Take Appropriate Action on 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, and §230.103, E-Pay Supplemental Fee (PDF 113KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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, and §230.103, E-Pay Supplemental Fee. 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, 230.101, and 230.103 would adjust certain fees to more adequately cover costs and increase the equity of fees across different types of fee payers.

11. Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases (PDF 132KB)  

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. The proposed amendments would modify the certified educator discipline process to clarify that the SBEC has final approval of each settlement by voting on agreed orders and that the SBEC may sanction an educator for a violation of the Texas Education Code (TEC), §22.085.

12. Consider and Take Appropriate Action on Proposed Review of 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases (PDF 254 KB)

Texas Government Code, §2001.039, establishes a four-year review cycle for all state agency rules, including State Board for Educator Certification (SBEC) rules. This item presents the review of 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The rules being reviewed provide procedures and requirements relating to general provisions, enforcement actions and guidelines, prehearing matters, hearing procedures, and posthearing matters.

13. Consider and Take Appropriate Action on Petition for Adoption of Rule Change Concerning 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1(4), Definitions (Relating to Classroom Teacher) (PDF 1,571KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a citizen petition on 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1(4), Definitions, (relating to Classroom Teacher), filed pursuant to Texas Government Code, §2001.021. The petitioner requests an amendment to 19 TAC §230.1(4) that would remove Reserve Officers' Training Corps (ROTC) from the list of individuals not covered under the definition of classroom teacher. The SBEC must either deny the petition or direct the Texas Education Agency (TEA) staff to initiate rulemaking proceedings.

14. Update and Take Appropriate Action on Petition for Adoption of Rule Change Concerning 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, §239.60, Requirements for the Issuance of the Standard School Librarian Certificate (PDF 256KB)

This item provides the State Board for Educator Certification (SBEC) an update on Texas Education Agency (TEA) staff activities since the August 2014 meeting where a citizen petition on the Standard School Librarian Certificate was presented. At that time, the SBEC took action to initiate rulemaking and direct TEA staff to explore options to facilitate the process of becoming a certified school librarian. As part of this item, the SBEC will also have an opportunity to take appropriate action on the petition for adoption of rule change concerning 19 TAC §239.60, Requirements for the Issuance of the Standard School Librarian Certificate.

15. Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates (PDF 126KB)

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 2014 meeting, the SBOE reviewed and rejected the proposed revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. At its October 2014 meeting, the SBEC requested that this item be added to the March 2015 agenda for discussion and possible action. As part of this item, Texas Education Agency (TEA) staff will provide an update and status to allow the SBEC to consider whether to propose amendments to the rules.

16. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 241, Principal Certificate (PDF 65KB)

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 241, Principal Certificate. The rules being reviewed provide requirements relating to the certification of principals.

17. Consider and Take Appropriate Action on Proposed Standards Review Committee for 19 TAC Chapter 241, Principal Certificate (PDF 106KB)

This item provides the State Board for Educator Certification (SBEC) an update on stakeholder recommendations related to 19 TAC Chapter 241, Principal Certificate, including revising the principal certificate standards in 19 TAC §241.15, Standards Required for the Principal Certificate. The SBEC will also have the opportunity to appoint an advisory committee, in accordance with the Texas Education Code (TEC), §21.040(4), composed of members of that class to recommend revisions to the principal certificate standards.

18. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 242, Superintendent Certificate (PDF 64KB)

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 242, Superintendent Certificate. The rules being reviewed provide requirements relating to the certification of superintendents.

19. Update and Discussion of 19 TAC Chapter 242, Superintendent Certificate (PDF 114KB)

This item provides the State Board for Educator Certification (SBEC) an update on stakeholder recommendations related to 19 TAC Chapter 242, Superintendent Certificate, including revising the rules to allow for a path to a superintendent certificate for certain nontraditional candidates. The SBEC will have the opportunity to review and discuss potential changes to Chapter 242.

20. Consider and Take Appropriate Action on Request to Establish a Board Committee to Review and Recommend Changes to the State Board for Educator Certification’s Rules Relating to the Discipline of Certified Educators (PDF 128KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to consider the current rules and statutes that govern the SBEC’s discipline of certified educators, including the SBEC’s authority and jurisdiction relating to suspension and revocation of certificates, and to decide whether to appoint a committee to consider further rulemaking regarding educator discipline.

21. Sunset and Legislative Matters

22. Consider and Take Appropriate Action on State Board for Educator Certification Meeting Agenda Content and Formatting (PDF 13KB)

23. 2015-2018 Rule Review Plan for State Board for Educator Certification Rules (PDF 47KB)

24. Board Operating Policies and Procedures (PDF 129KB)

25. Requests from Board Members for Future Agenda Items

26. Requests Received from the Board Since Last Meeting

27. 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.