August 5, 2016 SBEC Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
August 5, 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 (155 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to recognize Texas Tech University as an outstanding educator preparation program (EPP) for aspiring Texas educators.
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 June 10, 2016 Board Meeting Minutes
6. Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs (PDF 352 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed amendments to 19 TAC §§227.1, 227.5, 227.10, 227.15, 227.17, 227.19, and 227.20 would include changes to provide clarification to questions that Texas Education Agency (TEA) staff has received from educator preparation programs (EPPs) and applicants to EPPs. In addition, the proposed amendments would clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state. Additional changes are recommended to 19 TAC §§227.10, 227.15, and 227.17 since published as proposed.
7. Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF 495 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments to 19 TAC §§228.2, 228.10, 228.20, 228.30, 228.35, 228.40, 228.50, 228.60, and 228.70 and proposed new 19 TAC §228.15 and §228.17 would include changes as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at the Texas Education Agency (TEA). Chapter 228 encompasses all the requirements that each educator preparation program (EPP) must provide to prospective teachers to ensure they are prepared sufficiently.
8. Consider and Take Appropriate Action on Proposed Revisions to 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 368 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 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.
9. Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs (PDF 831 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs. The proposed amendments to 19 TAC §§229.1-229.9 and the proposed repeal of 19 TAC §229.21 would include changes as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at the Texas Education Agency (TEA).
10. Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter F, Special Education-Related Services Personnel Assignments (PDF 98 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter F, Special Education-Related Services Personnel Assignments. The proposed amendments to 19 TAC §§231.97, 231.241, 231.251, 231.257, 231.365, and 231.611 and proposed new 19 TAC §231.175 would identify the appropriate credential for placement in a particular teaching assignment, incorporate courses approved by the State Board of Education (SBOE), and provide guidance to districts on special education assignments.
11. Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates (PDF 116 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments to 19 TAC §§233.5, 233.8, 233.10, and 233.14 would update the list of courses eligible to be taught with these certificates, identify any additional requirements to obtain certification, provide guidance to districts on special education assignments, and establish a new Dance: Grades 6-12 certificate.
12. Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 247, Educators’ Code of Ethics (PDF 97 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 247, Educators' Code of Ethics. The proposed amendment to 19 TAC §247.1 would make conforming changes to correctly refer to the titles of cross-referenced sections from 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The proposed amendment to 19 TAC §247.2 would implement the Every Student Succeeds Act (ESSA) and would make it a violation of the Educators' Code of Ethics for an educator to be intoxicated on school property or during school activities when students are present.
13. Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition; and §249.17, Decision-Making Guidelines (PDF 173 KB)
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, Subchapter B, Enforcement Actions and Guidelines, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition; and §249.17, Decision-Making Guidelines. The proposed amendment to 19 TAC §249.14(d) would conform the rule on superintendent reporting to SBEC with changes to the Texas Education Code (TEC), §21.006, as a result of House Bill (HB) 1783, 84th Texas Legislature, Regular Session, 2015. The proposed amendment to §249.14(h) would include inappropriate communications with a student and inappropriate educator-student relationships and boundaries to the behaviors by an educator toward students that qualify as "Priority 1" conduct for purposes of investigation priority, investigative notices, and sanction authority. The proposed amendment to 19 TAC §249.17 would create a mandatory minimum sanction for an educator who tests positive for, possesses, or is under the influence of drugs or alcohol on campus. The proposed amendment would also require permanent revocation for an educator who injures a student, but is not immune from disciplinary action.
14. Consider and Take Appropriate Action on Requests for Waivers from Certification Examination Testing Limit (PDF 138 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.
15. Consider and Take Appropriate Action on Educator Standards for Technology Applications EC-12 and Computer Science 8-12 (PDF 761 KB)
The State Board for Educator Certification (SBEC) will have an opportunity to approve the entire set of Educator Standards, which define preparation and testing requirements, for the Technology Applications EC-12 and Computer Science 8-12 certificates, since a small part of the standards was inadvertently left out of the item presented to the SBEC on October 16, 2015. These standards delineate what the beginning teacher should know and be able to do. The standards will serve as the foundation for coursework and for new certification examinations.
16. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
1. In the Matter of Isabel Brigman; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
2. In the Matter of Kateryna Hawryluk; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
3. In the Matter of Steven Hayes; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
4. In the Matter of Sarah Johnson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
5. In the Matter of Tracy Johnson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
6. In the Matter of Sarina Jones; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
7. In the Matter of LaQuita Lusk; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
8. In the Matter of Maisha Kelm Rose; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
9. In the Matter of James McLaughlin; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
10. In the Matter of Sholanda Metz; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
11. In the Matter of Philip Riemer; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
12. In the Matter of Charles Threatt; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
13. In the Matter of Skipper Titsworth; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
14. In the Matter of Lori Ann Trevino; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
15. In the Matter of Schronda Williams; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
16. In the Matter of Kimberly Becerra; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
17. In the Matter of Erik Garza; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
18. In the Matter of Shawn Hudson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
19. In the Matter of Margil Moreno II; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
20. In the Matter of Rogelio Manuel Corona; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
21. In the Matter of Manuel Davila; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
22. In the Matter of Catrina Swenson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
23. In the Matter of Adriane Connerly; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
24. In the Matter of Pat Hrabovsky; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
25. In the Matter of Daniel Duncan; 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 Jessica Lea Eady; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
27. In the Matter of Taoshala Grant; 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
28. In the Matter of Joseph Seale; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
29. In the Matter of Kimberly Sims; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
30. In the Matter of Tracy Lee Steinberg; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
31. In the Matter of Alysia Tucker; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
32. In the Matter of Susan Littlejohn; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
33. In the Matter of Jacques Brown; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
34. In the Matter of Roger Gomez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
35. In the Matter of Angela Howard; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 Year Suspension
36. In the Matter of Monique Law; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
37. In the Matter of Ruth Sides; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
B. Contested Cases
I. Proposals for Decision
1. Docket No. 701163435.EC, Texas Education Agency, Educator Leadership and Quality Division v. Kanya Cardy; 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. 701162860.EC, Texas Education Agency, Educator Leadership and Quality Division v. Luz Marcela Ramirez; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 Year Suspension
Staff Recommendation: Accept ALJ Recommendation
3. Docket No. 701162678.EC, Texas Education Agency, Educator Leadership and Quality Division v. Mary Elizabeth Cuervo; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 Year Suspension
Staff Recommendation: Accept ALJ Recommendation
4. Docket No. 701162607.EC, Texas Education Agency, Educator Leadership and Quality Division v. Christie Arsenis; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 Year Probated Suspension
Staff Recommendation: 9 Month Suspension
II. Motions for Rehearing
None.
C. Court Cases
I. District Court Cases
1. Barry Ryan Davis v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN12003413, In the 201st District Court of Travis County, Texas.
2. Leo Joseph Tran v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN16001802, In the 126th 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.
The Board may discuss any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting
17. Board Operating Policies and Procedures (BOPP) (PDF 447 KB)
18. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules (PDF 42 KB)
19. Requests from Board Members for Future Agenda Items
20. Requests Received from the Board Since Last Meeting
21. Adjournment