May 2, 2014 SBEC Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
May 2, 2014 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 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.
CONSENT AGENDA
4. Approval of February 14, 2014 Board Meeting Minutes (PDF, 228KB)
5. Adoption of Review of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates (PDF, 30KB)
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 227, Provisions for Educator Preparation Candidates. The rules being reviewed provide requirements for admission to educator preparation programs and preliminary evaluation of certification eligibility.
6. Adoption of Review of 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF, 42KB)
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 228, Requirements for Educator Preparation Programs. The rules being reviewed provide requirements relating to educator preparation programs.
7. Adoption of Review of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs (PDF, 37KB)
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 allows the SBEC to intervene in cases of low performance.
8. Adoption of Review of 19 TAC Chapter 247, Educators' Code of Ethics (PDF, 51KB)
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 for an educators' code of ethics that sets ethical standards for educators in Texas, which may be enforced by the SBEC in educator certification disciplinary proceedings.
9. Adoption of Review of 19 TAC Chapter 250, Administration (PDF, 47KB)
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.
INFORMATION ONLY
10. Update from Panel of Mental Health Experts Required by Senate Bill 460, 82nd Regular Session, for Implementation of Texas Education Code, §21.044(c-1) and (c-2)
This item provides the State Board for Educator Certification (SBEC) the opportunity to be updated by Dr. Billy Philips, Mari Evans, and Rebekah Miller, Texas Tech University Health Science Center, who represent the panel of experts approved for detection of students with mental or emotional disorders. The team will provide an overview of the work completed to date for training materials to be used by educator preparation programs in their required SB 460 training.
DISCUSSION AND ACTION
11. Litigation Settlement Options in Pending or Contemplated Litigation, Disciplinary Cases, and Pending Litigation
(10:00 a.m.)
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. 5070-EC-0612, Texas Education Agency, Educator Leadership and Quality Division v. Brandy Bliss Kilpatrick; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years suspension and eight hours of ethics training
2) Docket No. 5069-EC-0612, Texas Education Agency, Educator Leadership and Quality Division v. Susan Denise Weinzettle; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
3) Docket No. 5068-EC-0612, Texas Education Agency, Educator Leadership and Quality Division v. Jonathan B. Thompson; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
4) Docket No. 0996-EC-1013, Texas Education Agency, Educator Leadership and Quality Division v. Kimberly Shannon Hines; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
5) Docket No. 4171-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. Rene Adrian Alvarez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
6) Docket No. 4170-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. Sylvia Ayala; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
7) Docket No. 4169-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. Rosalyn E. Lee; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
8) Docket No. 4172-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. Sonya Lynette Parker; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
9) Docket No. 8115-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. Jennifer Blakely; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
10) Docket No. 3206-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. William Taylor Duncan, Jr.; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
11) Docket No. 3208-EC-0114, Texas Education Agency, Educator Leadership and Quality Division v. James Michael Murphy; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
12) Docket No. 0999-EC-1113, Texas Education Agency, Educator Leadership and Quality Division v. Charlie J. Carter; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
13) Docket No. 9100-EC-1113, Texas Education Agency, Educator Leadership and Quality Division v. Lisa Amber Ledbetter; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
14) Docket No. 0998-EC-1113, Texas Education Agency, Educator Leadership and Quality Division v. Terri Shelton Berry; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
II. Proposals for Decision
15) Docket No. 701-14-0175.EC, Texas Education Agency, Educator Leadership and Quality Division v. Silvestre Moreno, Jr.; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Revocation
16) Docket No. 701-14-0022.EC, Texas Education Agency, Educator Leadership and Quality Division v. Abelardo O. Guillen; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 6 years suspension, with the term of the suspension running concurrently with the period of community supervision.
Staff Recommendation: 6 years suspension, with the term of the suspension running concurrently with the period of community supervision.
17) Docket No. 701-14-0814.EC, Texas Education Agency, Educator Leadership and Quality Division v. Juan C. Correa; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 year suspension
Staff Recommendation: 1 year suspension
18) Docket No. 701-13-5421.EC, Texas Education Agency, Educator Leadership and Quality Division v. Gerald Owen Young; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Permanent Revocation
III. Motions for Rehearing
19) Docket No. 701-13-3491.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jennifer Melissa McMannis; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
20) Docket No. 701-13-0179.EC, Texas Education Agency, Educator Leadership and Quality Division v. Elizabeth Kiel; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
IV. Appeals
1) Don Madden v. State Board for Educator Certification; Cause No. 03-11-00584-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
2) 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.
3) State Board for Educator Certification v. Erasmo Montalvo; Cause No. 03-13-00370-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
4) State Board for Educator Certification v. Erasmo Montalvo; No. 13-0537, In the Supreme Court, Austin, Texas.
5) 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.
B. Pending Litigation
The Board may discuss any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting.
None.
12. Consideration of and Opportunity to Approve New Classes of Certificates
Huston-Tillotson University (Austin, Texas) seeks approval to offer the Principal class of certification and East Texas Baptist University (Marshall, Texas) seeks approval to offer the Principal 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 of Education Preparation Candidates, Chapter 228, Requirements for Educator Preparation Programs, Chapter 230, General Requirements, and Chapter 241, Principal Certificate.
13. Consideration of and Opportunity to Approve the 2012-2013 Accountability System for Educator Preparation Programs (ASEP) Accreditation Statuses
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2012-2013 accountability and accreditation statuses for educator preparation programs. There are one hundred twenty-nine (129) programs recommended to be rated as “Accredited,” four (4) programs as “Accredited-Warned,” and one (1) program as “Accredited-Probation.” In accordance with 19 TAC §229.4 (g)(6)(h), sixteen (16) programs are recommended as “Accredited with Action Plan” and will be required to submit an action plans due to low pass rate and/or small numbers in demographic groups.
14. Consideration of and Opportunity to Approve Educator Standards for New Certificates: Business and Finance: Grades 6-12, Marketing: Grades 6-12, Agriculture, Food and Natural Resources: Grades 6-12, and Health Science: Grades 6-12
The State Board for Educator Certification (SBEC) will have an opportunity to discuss and approve Educator Standards, which define preparation and testing requirements, for four new certificates. These standards delineate what the beginning teacher in each field should know and be able to do. The standards will serve as the foundation for coursework and for new certification examinations.
15. Adoption of Proposed New 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.21, Transitional Provisions (PDF, 39KB)
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 229, Accountability System for Educator Preparation Programs, §229.21, Transitional Provisions. The proposed new rule would clarify the academic years for which the current passing standard on certification examinations applies and define when individual certification fields are subject to revocation. The proposed new rule would also provide a backstop for ongoing discussion of a rewrite of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, being conducted in conjunction with the review of 19 TAC Chapter 227 and Chapter 228 required by House Bill 2012, 83rd Texas Legislature, Regular Session, 2013. No changes are recommended since published as proposed.
16. Proposed Amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines (PDF, 49KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose an amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines. The proposed amendment would clarify that under the SBEC decision-making guidelines, actions that constitute "engaged in" and "solicitation" are distinct grounds for the basis of permanent revocation or denial. The proposed amendment would also clarify that fact findings from final orders from other state jurisdictions may also provide the basis for initiating disciplinary proceedings in Texas.
17. Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates (PDF, 74KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. The proposed revisions would be necessary as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). The proposed revisions would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state.
18. Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF, 130KB)
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 be necessary as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs), and Senate Bill (SB) 460, 83rd Texas Legislature, Regular Session, 2013. The proposed amendments would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state.
19. Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs (PDF, 285 KB)
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. House Bill 2012, 83rd Texas Legislature, Regular Session, 2013, requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). Due to its related nature, a review of Chapter 229 was also conducted and, as a result, proposed amendments to Chapter 229 are necessary. The proposed amendments would update and make uniform definitions, modify the standards used for enforcing the reporting of data, clarify the standards used for accountability and modify the use of the small size exception for accountability purposes, and establish a new process for challenging sanctions imposed on programs that fail the accountability system.
20. Proposed Amendment to 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes (PDF, 32KB)
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 to 19 TAC §250.20 would clarify references to the Texas Education Agency (TEA) and update the petition form to reflect the name of the office to which the form should be mailed.
21. Action on Items Discussed in Executive Session
Pursuant to section 551.102 of the Texas Government Code, any deliberation and final action on matters discussed in Executive Session must be made in an Open Meeting. For any final action that the Board discussed in Executive Session, the Board will deliberate and take its action in Open Session.
22. Sunset Matters, including:
a) TEA staff reports on SBEC progress in addressing issues raised by the Sunset Commission or its staff for the 2013 legislature
b) Current and upcoming Sunset-related activity
23. Legislative Matters, including:
a) Legislation related to SBEC or educator certification
b) Preparation for 2015 legislative session
24. Requests from Board Members for Future Agenda Items
25. Requests Received from the Board Since Last Meeting
None
26. 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.
DISCUSSION AND ACTION SESSION AGENDA
May 2, 2014 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 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.
CONSENT AGENDA
4. Approval of February 14, 2014 Board Meeting Minutes (PDF, 228KB)
5. Adoption of Review of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates (PDF, 30KB)
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 227, Provisions for Educator Preparation Candidates. The rules being reviewed provide requirements for admission to educator preparation programs and preliminary evaluation of certification eligibility.
6. Adoption of Review of 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF, 42KB)
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 228, Requirements for Educator Preparation Programs. The rules being reviewed provide requirements relating to educator preparation programs.
7. Adoption of Review of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs (PDF, 37KB)
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 allows the SBEC to intervene in cases of low performance.
8. Adoption of Review of 19 TAC Chapter 247, Educators' Code of Ethics (PDF, 51KB)
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 for an educators' code of ethics that sets ethical standards for educators in Texas, which may be enforced by the SBEC in educator certification disciplinary proceedings.
9. Adoption of Review of 19 TAC Chapter 250, Administration (PDF, 47KB)
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.
INFORMATION ONLY
10. Update from Panel of Mental Health Experts Required by Senate Bill 460, 82nd Regular Session, for Implementation of Texas Education Code, §21.044(c-1) and (c-2)
This item provides the State Board for Educator Certification (SBEC) the opportunity to be updated by Dr. Billy Philips, Mari Evans, and Rebekah Miller, Texas Tech University Health Science Center, who represent the panel of experts approved for detection of students with mental or emotional disorders. The team will provide an overview of the work completed to date for training materials to be used by educator preparation programs in their required SB 460 training.
DISCUSSION AND ACTION
11. Litigation Settlement Options in Pending or Contemplated Litigation, Disciplinary Cases, and Pending Litigation
(10:00 a.m.)
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. 5070-EC-0612, Texas Education Agency, Educator Leadership and Quality Division v. Brandy Bliss Kilpatrick; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years suspension and eight hours of ethics training
2) Docket No. 5069-EC-0612, Texas Education Agency, Educator Leadership and Quality Division v. Susan Denise Weinzettle; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
3) Docket No. 5068-EC-0612, Texas Education Agency, Educator Leadership and Quality Division v. Jonathan B. Thompson; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
4) Docket No. 0996-EC-1013, Texas Education Agency, Educator Leadership and Quality Division v. Kimberly Shannon Hines; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
5) Docket No. 4171-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. Rene Adrian Alvarez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
6) Docket No. 4170-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. Sylvia Ayala; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
7) Docket No. 4169-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. Rosalyn E. Lee; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
8) Docket No. 4172-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. Sonya Lynette Parker; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
9) Docket No. 8115-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. Jennifer Blakely; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
10) Docket No. 3206-EC-1213, Texas Education Agency, Educator Leadership and Quality Division v. William Taylor Duncan, Jr.; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
11) Docket No. 3208-EC-0114, Texas Education Agency, Educator Leadership and Quality Division v. James Michael Murphy; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
12) Docket No. 0999-EC-1113, Texas Education Agency, Educator Leadership and Quality Division v. Charlie J. Carter; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
13) Docket No. 9100-EC-1113, Texas Education Agency, Educator Leadership and Quality Division v. Lisa Amber Ledbetter; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
14) Docket No. 0998-EC-1113, Texas Education Agency, Educator Leadership and Quality Division v. Terri Shelton Berry; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
II. Proposals for Decision
15) Docket No. 701-14-0175.EC, Texas Education Agency, Educator Leadership and Quality Division v. Silvestre Moreno, Jr.; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Revocation
16) Docket No. 701-14-0022.EC, Texas Education Agency, Educator Leadership and Quality Division v. Abelardo O. Guillen; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 6 years suspension, with the term of the suspension running concurrently with the period of community supervision.
Staff Recommendation: 6 years suspension, with the term of the suspension running concurrently with the period of community supervision.
17) Docket No. 701-14-0814.EC, Texas Education Agency, Educator Leadership and Quality Division v. Juan C. Correa; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 year suspension
Staff Recommendation: 1 year suspension
18) Docket No. 701-13-5421.EC, Texas Education Agency, Educator Leadership and Quality Division v. Gerald Owen Young; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Permanent Revocation
III. Motions for Rehearing
19) Docket No. 701-13-3491.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jennifer Melissa McMannis; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
20) Docket No. 701-13-0179.EC, Texas Education Agency, Educator Leadership and Quality Division v. Elizabeth Kiel; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
IV. Appeals
1) Don Madden v. State Board for Educator Certification; Cause No. 03-11-00584-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
2) 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.
3) State Board for Educator Certification v. Erasmo Montalvo; Cause No. 03-13-00370-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
4) State Board for Educator Certification v. Erasmo Montalvo; No. 13-0537, In the Supreme Court, Austin, Texas.
5) 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.
B. Pending Litigation
The Board may discuss any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting.
None.
12. Consideration of and Opportunity to Approve New Classes of Certificates
Huston-Tillotson University (Austin, Texas) seeks approval to offer the Principal class of certification and East Texas Baptist University (Marshall, Texas) seeks approval to offer the Principal 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 of Education Preparation Candidates, Chapter 228, Requirements for Educator Preparation Programs, Chapter 230, General Requirements, and Chapter 241, Principal Certificate.
13. Consideration of and Opportunity to Approve the 2012-2013 Accountability System for Educator Preparation Programs (ASEP) Accreditation Statuses
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2012-2013 accountability and accreditation statuses for educator preparation programs. There are one hundred twenty-nine (129) programs recommended to be rated as “Accredited,” four (4) programs as “Accredited-Warned,” and one (1) program as “Accredited-Probation.” In accordance with 19 TAC §229.4 (g)(6)(h), sixteen (16) programs are recommended as “Accredited with Action Plan” and will be required to submit an action plans due to low pass rate and/or small numbers in demographic groups.
14. Consideration of and Opportunity to Approve Educator Standards for New Certificates: Business and Finance: Grades 6-12, Marketing: Grades 6-12, Agriculture, Food and Natural Resources: Grades 6-12, and Health Science: Grades 6-12
The State Board for Educator Certification (SBEC) will have an opportunity to discuss and approve Educator Standards, which define preparation and testing requirements, for four new certificates. These standards delineate what the beginning teacher in each field should know and be able to do. The standards will serve as the foundation for coursework and for new certification examinations.
15. Adoption of Proposed New 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.21, Transitional Provisions (PDF, 39KB)
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 229, Accountability System for Educator Preparation Programs, §229.21, Transitional Provisions. The proposed new rule would clarify the academic years for which the current passing standard on certification examinations applies and define when individual certification fields are subject to revocation. The proposed new rule would also provide a backstop for ongoing discussion of a rewrite of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, being conducted in conjunction with the review of 19 TAC Chapter 227 and Chapter 228 required by House Bill 2012, 83rd Texas Legislature, Regular Session, 2013. No changes are recommended since published as proposed.
16. Proposed Amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines (PDF, 49KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose an amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines. The proposed amendment would clarify that under the SBEC decision-making guidelines, actions that constitute "engaged in" and "solicitation" are distinct grounds for the basis of permanent revocation or denial. The proposed amendment would also clarify that fact findings from final orders from other state jurisdictions may also provide the basis for initiating disciplinary proceedings in Texas.
17. Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates (PDF, 74KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. The proposed revisions would be necessary as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). The proposed revisions would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state.
18. Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF, 130KB)
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 be necessary as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs), and Senate Bill (SB) 460, 83rd Texas Legislature, Regular Session, 2013. The proposed amendments would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state.
19. Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs (PDF, 285 KB)
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. House Bill 2012, 83rd Texas Legislature, Regular Session, 2013, requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). Due to its related nature, a review of Chapter 229 was also conducted and, as a result, proposed amendments to Chapter 229 are necessary. The proposed amendments would update and make uniform definitions, modify the standards used for enforcing the reporting of data, clarify the standards used for accountability and modify the use of the small size exception for accountability purposes, and establish a new process for challenging sanctions imposed on programs that fail the accountability system.
20. Proposed Amendment to 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes (PDF, 32KB)
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 to 19 TAC §250.20 would clarify references to the Texas Education Agency (TEA) and update the petition form to reflect the name of the office to which the form should be mailed.
21. Action on Items Discussed in Executive Session
Pursuant to section 551.102 of the Texas Government Code, any deliberation and final action on matters discussed in Executive Session must be made in an Open Meeting. For any final action that the Board discussed in Executive Session, the Board will deliberate and take its action in Open Session.
22. Sunset Matters, including:
a) TEA staff reports on SBEC progress in addressing issues raised by the Sunset Commission or its staff for the 2013 legislature
b) Current and upcoming Sunset-related activity
23. Legislative Matters, including:
a) Legislation related to SBEC or educator certification
b) Preparation for 2015 legislative session
24. Requests from Board Members for Future Agenda Items
25. Requests Received from the Board Since Last Meeting
None
26. 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.