April 15, 2016 SBEC Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
April 15, 2016 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. Program Recognition
This item provides the State Board for Educator Certification (SBEC) an opportunity to recognize the University of the Incarnate Word (UIW), San Antonio as an outstanding educator preparation program (EPP) for aspiring Texas Educators. The UIW serves 16 school districts in the San Antonio area. They have both an undergraduate and a post-baccalaureate teacher certification program, which, combined, produced 52 candidates in the 2014-2015 reporting year.
4. 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.
5. Consider and Take Appropriate Action on Request to Approve February 12, 2016 Board Meeting Minutes
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 (391 KB)
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 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators. The proposed amendments to 19 TAC §230.21 and §230.25 would implement the requirement from the 84th Texas Legislature, Regular Session, 2015, to enforce a limit of five attempts on any certification examination, unless the SBEC approves an additional attempt based on an individual's demonstration of good cause. The proposed amendments to 19 TAC §230.21 and §230.25 would also implement a clarification from the 84th Texas Legislature, Regular Session, 2015, that the commissioner of education approves the satisfactory level of performance required for certification examinations. An additional change is recommended to 19 TAC §230.21(a)(5)(B) since published as proposed.
7. Consider and Take Appropriate Action on Adoption of Proposed Revisions to 19 TAC Chapter 232, General Certification Provisions (301 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 232, General Certification Provisions. The proposed amendments to 19 TAC §§232.7, 232.9, 232.11, 232.13, 232.15, 232.17, 232.19, 232.21, and 232.23 and the proposed repeal of 19 TAC §232.27 would implement the requirement from the 84th Texas Legislature, Regular Session, 2015, to allow educators to receive credit for completion of an instructional course on the use of an automated external defibrillator (AED) and would further clarify certificate renewal and continuing professional education (CPE) requirements. Additional changes are recommended to 19 TAC §§232.7, 232.9, 232.11, 232.21, and 232.23 since published as proposed.
8. Consider and Take Appropriate Action on Adoption of Proposed New 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans (108 KB)
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 234, Military Service Members, Military Spouses, and Military Veterans. The proposed new chapter would address recent legislation, consolidate rules specific to the military community into one chapter, and streamline future military-related rulemaking opportunities. No changes are recommended since published as proposed.
9. Consider and Take Appropriate Action on Adoption of Proposed Repeal of and New 19 TAC Chapter 241, Principal Certificate, §241.15, Standards Required for the Principal Certificate (110 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, the proposed repeal of and new 19 TAC Chapter 241, Principal Certificate, §241.15, Standards Required for the Principal Certificate. The proposed rule actions would update the standards required for principal certification, including those standards taught by principal preparation programs and tested on the state certification examination. Proposed new 19 TAC §241.15 would update the principal standards to align with the commissioner of education's principal appraisal standards. No changes are recommended since published as proposed.
10. Consider and Take Appropriate Action on Proposed Review of 19 TAC Chapter 239, Student Services Certificates (224 KB)
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. The SBEC last adopted the review of 19 TAC Chapter 239, Student Services Certificates, in 2013; however, the SBEC directed the Texas Education Agency (TEA) to accelerate the review of 19 TAC Chapter 239. Therefore, this item presents for SBEC approval the review of Chapter 239. The rules being reviewed provide requirements relating to the school counselor certificate, school librarian certificate, educational diagnostician certificate, reading specialist certificate, and master teacher certificate.
11. Consider and Take Appropriate Action on Petition for Adoption of Rule Change Concerning 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter E, Grades 9-12 Assignments, Division 8, Technology Applications, Grades 9-12 Assignments, §231.251, Computer Science, Grades 9-12, and §231.257, Game Programming and Design or Mobile Application Development, Grades 9-12 (216 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a petition for rulemaking on 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter E, Grades 9-12 Assignments, Division 8, Technology Applications, Grades 9-12 Assignments, §231.251, Computer Science, Grades 9-12, and §231.257, Game Programming and Design or Mobile Application Development, Grades 9-12, filed pursuant to Texas Government Code, §2001.021.
The petitioner requests an amendment to certification requirements to teach "Fundamentals of Computer Science." The SBEC must either deny the petition or direct the Texas Education Agency (TEA) staff to initiate rulemaking proceedings.
12. Consider and Take Appropriate Action on Request to Approve 2014-2015 Accountability System for Educator Preparation Programs (ASEP) Accreditation Statuses (563 KB)
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2014-2015 Accountability System for Educator Preparation Programs (ASEP) accreditation statuses for one hundred forty-three (143) educator preparation programs (EPP). One hundred and thirty-three (133) programs are recommended to be rated as “Accredited," five (5) programs as "Accredited – Not Rated," four (4) programs as "Accredited-Warned," and one (1) as "Accredited-Probation." Eighteen (18) programs will be required to develop an action plan to address deficiencies in aggregated and/or disaggregated group performance. Seventy-two (72) programs will be provided with a notice regarding a performance issue with one or more certification fields.
13. Consider and Take Appropriate Action on Request to Approve a New Educator Preparation Program at Urban Teachers
This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by Urban Teachers located in Dallas, Texas, to offer an approved alternative educator preparation program. Texas Education Agency (TEA) staff reviewed the application and found that it complies with provisions of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, and Chapter 228, Requirements for Educator Preparation Programs. The program is proposing to certify candidates in the following areas: Core Subjects EC-6; Mathematics 7-12; English Language Arts 7-12; Special Education EC-12; and English as a Second Language supplemental. The anticipated start date for the first cohort is August 2016. The anticipated number of applicants to be admitted for the first year is 150. The cost of the program per participant is $40,000 which is the approximate cost for the Master of Science Degree from Johns Hopkins University which is awarded with the certification.
14. Consider and Take Appropriate Action on Request to Approve New Class of Certificate at North American University
This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by North American University, an approved and accredited educator preparation program (EPP) located in Houston, Texas, to offer the Principal class of certificate. Texas Education Agency (TEA) staff reviewed the proposal request and found that it complied with provisions of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates; Chapter 228, Requirements for Educator Preparation Programs; Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements; and Chapter 241, Principal Certificate.
15. Consider and Take Appropriate Action on Requests for Waivers from Certification Examination Testing Limit (PDF 151 KB)
This item provides the State Board for Educator Certification (SBEC) with an opportunity to take action on requests to waive the limit of four retakes of a certification examination.
1. In the Matter of Patricia Contreras;
Waiver Request: Retake Core Subjects EC-6 Mathematics Subtest
2. In the Matter of Norma L. Cortez-Rios;
Waiver Request: Retake Core Subjects EC-6 Fine Arts, Health, and Physical Education Subtest
3. In the Matter of Erika Goytia;
Waiver Request: Retake Pedagogy and Professional Responsibilities EC-12 Test
4. In the Matter of Kari R. Manyose;
Waiver Request: Retake Core Subjects EC-6 Social Studies Subtest
5. In the Matter of Hannah Elizabeth McFerren;
Waiver Request: Retake Core Subjects EC-6 Social Studies Subtest
6. In the Matter of Shandl K. Noffsinger;
Waiver Request: Retake Core Subjects EC-6 Science Subtest
7. In the Matter of Brittany Mae Brown;
Waiver Request: Retake Core Subjects EC-6 Mathematics Subtest
8. In the Matter of Erica Lee Lara;
Waiver Request: Retake Core Subjects EC-6 Science Subtest
9. In the Matter of Yurida Ramos;
Waiver Request: Retake Core Subjects EC-6 Science Subtest
16. Update on Core Subjects Early Childhood-Grade 6 and Core Subjects Grades 4-8 Certification Examinations (PDF 272 KB)
This item provides the State Board for Educator Certification (SBEC) an update on the Core Subjects Early Childhood-Grade 6 and Core Subjects Grades 4-8 certification examinations.
17. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
1. In the Matter of Kassie Atchison; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
2. In the Matter of Ashlee Brooks; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
3. In the Matter of Ana Isabel Castillo; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
4. In the Matter of Amy Dennis; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
5. In the Matter of Holly Harris; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
6. In the Matter of Sheree Henderson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
7. In the Matter of Rachel Martina; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
8. In the Matter of Brittany Miles; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
9. In the Matter of Angela Reinagel; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
10. In the Matter of Jose Salinas; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
11. In the Matter of Tianny Sims; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
12. In the Matter of Alexa Brewer Skinner; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
13. In the Matter of Jacob Skinner; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
14. In the Matter of Lupe Mendoza; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
15. In the Matter of Anne Marie Redpath; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
16. In the Matter of Kelly Bailey; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
17. In the Matter of Derrick Banks; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
18. In the Matter of Stanton Broussard; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
19. In the Matter of Nelson Clausen; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 8 Year Suspension and proof of successful completion of substance abuse treatment program
20. In the Matter of Gregory Parks Craig; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
21. In the Matter of Anita Espinoza; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
22. In the Matter of Juanita Christina Guerrero; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
23. In the Matter of Terence Lee Johnson; 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
24. In the Matter of Christina L. Mobley; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
25. In the Matter of Alfredo Tristan Moncada; 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
26. In the Matter of Rolando A. Saenz; 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
27. In the Matter of Brandi T. Small; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
28. In the Matter of Mitchell Jonathan Ward; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
29. In the Matter of Kevin Carpenter; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
30. In the Matter of Marina Celeste Sebesta; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
31. In the Matter of Willie Summers; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
32. In the Matter of Marlena Nichole Mints; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
33. In the Matter of Scott Butki; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
34. In the Matter of Carlos Martinez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
35. In the Matter of Sandra N. Aguilar; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
36. In the Matter of Kenner Allen, Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
B. Contested Cases
I. Proposals for Decision
1. Docket No. 701152780.EC, Texas Education Agency, Educator Leadership and Quality Division v. Robert Boyd; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Accept ALJ Recommendation
2. Docket No. 701155348.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jorge Leiva-Arevalo; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: No Disciplinary Action to be Taken
Staff Recommendation: Change Conclusion of Law No. 6 to remove the erroneous citation to "Code of Criminal Procedure §15.27(a)," but accept the recommendation of the ALJ in all other respects
3. Docket No. 701155012.EC, Texas Education Agency, Educator Leadership and Quality Division v. Mark L. Jimenez; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Appeal Granted and Application Approved
Staff Recommendation: Accept ALJ Recommendation
4. Docket No. 701160069.EC, Texas Education Agency, Educator Leadership and Quality Division v. Robert Clinton Reeves; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Inscribed or Non-Inscribed Reprimand
Staff Recommendation: 2 Year Suspension
5. Docket No. 701160150.EC, Texas Education Agency, Educator Leadership and Quality Division v. Andrew Duncan; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 7 Year Suspension, with the term of the suspension running concurrently with the period he is on community supervision, and that the suspension be probated after 4 years for the remaining period of suspension so long as Respondent abstains from the consumption of alcoholic beverages and complies with the community supervision requirements.
Staff Recommendation: 7 Year Suspension commencing from the date of the final board decision
6. Docket No. 701161426.EC, Texas Education Agency, Educator Leadership and Quality Division v. Hughey Buchanan; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Suspended until his deferred adjudication and community supervision are completed, at which time his certificate would be reinstated.
Staff Recommendation: 5 Year Suspension commencing from the date of the final board decision
7. Docket No. 701152074.EC, Texas Education Agency, Educator Leadership and Quality Division v. Cleopatra Jones; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 2 Year Suspension
Staff Recommendation: Accept ALJ Recommendation
II. Motions for Rehearing
1. Consider and Take Appropriate Action on Sworn Motion of Actual Notice of the Decision and Order in In re Jonathan Vance.
C. 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. 031200453CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
2. State Board for Educator Certification v. Erasmo Montalvo; Cause No. 031300370CV, In the Court of Appeals, Third Judicial District, Austin, 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
18. Discussion of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF 798 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the provisions in 19 TAC Chapter 228, Requirements for Educator Preparation Programs. As part of this item, Texas Education Agency (TEA) staff will provide an update and status to allow the SBEC to discuss possible revisions to the rules as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at TEA.
19. Discussion of Proposed Revisions to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs (PDF 736 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions in 19 TAC Chapter 229, Accountability System for Educator Preparation Programs. As part of this item, Texas Education Agency (TEA) staff will provide an update and status to allow the SBEC to discuss the proposed amendments and/or revisions to the rules as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at TEA.
20. Discussion of Proposed Repeal of and New 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; 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 (PDF 604 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the repeal of 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; 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; and propose new 19 TAC Chapter 230, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; 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. The proposed new rules result from SBEC board input, stakeholder input, and input received from staff at TEA. Chapter 230 serves as a foundation for the practices and procedures related to educator preparation and certification. The seven subchapters being discussed include key definitions relevant to educator preparation and certification; provide general eligibility, recommendation and issuance requirements for various types of certificates; outline testing requirements for certification; identify certificate application fees; and confirm the overall process for individuals already certified in other states or countries to obtain Texas certification.
21. Update and Report of Legislation Related to the State Board for Educator Certification: Implementation Plan for the 84th Texas Legislative Session (PDF 391 KB)
This item provides an update and report to the State Board for Educator Certification (SBEC) concerning the implementation plan for all SBEC-related legislation as a result of the 84th Texas Legislative Session.
22. Board Operating Policies and Procedures (BOPP) (PDF 447 KB)
23. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules (PDF 46 KB)
24. Requests from Board Members for Future Agenda Items
25. Requests Received from the Board Since Last Meeting
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.