February 12, 2016 SBEC Meeting Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
February 12, 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
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 December 11, 2015 Board Meeting Minutes
6. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 230, Professional Educator Preparation and Certification (PDF 276 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. This item presents for SBEC approval the adoption of the review of Chapter 230, Professional Educator Preparation and Certification. The rules being reviewed provide requirements relating to general provisions; general certification requirements; assessment of educators; types and classes of certificates issued; educational aide certificate; permits; certificate issuance procedures; and Texas educator certificates based on certification and college credentials from other states or territories of the United States.
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 Chapter 232, General Certification Provisions. The rules being reviewed provide requirements relating to certificate renewal and continuing professional education and national criminal history record information review of active certificate holders.
8. Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments,Subchapter C, Grades 6-8 Assignments, Subchapter D,Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, and Subchapter E, Grades 9-12Assignments (PDF 109 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 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, and Subchapter E, Grades 9-12 Assignments. The proposed amendments to 19 TAC §§231.5, 231.11, 231.77, 231.91, 231.209, 231.253, 231.257, 231.333, 231.335, 231.337, 231.481, 231.483, 231.489, and 231.579 would clarify the appropriate credential for placement in a particular teaching assignment and implement applicable requirements from the 84th Texas Legislature, Regular Session, 2015. No changes are recommended to the proposed amendments as published.
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 233, Categories of Classroom Teaching Certificates. The proposed amendments to 19 TAC §§233.1, 233.3-233.5, 233.7, 233.10, 233.14, and 233.15 would update the list of classroom certificates that either are eligible for issuance or that would continue to be recognized if they were issued prior to being phased out. Proposed new 19 TAC §233.17 would establish a new Junior Reserve Officer Training Corps: Grades 6-12 certificate. No changes are recommended to the proposed revisions as published.
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 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.5, Purpose; Policy Governing Disciplinary Proceedings; Subchapter B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification, and §249.17, Decision-Making Guidelines; and Subchapter D, Hearing Procedures, §249.35, Disposition Prior to Hearing; Default. The proposed amendments to 19 TAC §§249.5, 249.15, 249.17, and 249.35 would create more specific penalty guidelines for Texas Education Agency (TEA) staff to follow in settling or prosecuting educator discipline cases. In addition, the proposed amendments would set out the process that the SBEC will use when the State Office of Administrative Hearings (SOAH) dismisses and remands a case in accordance with Texas Government Code, §2001.058(d-1), as amended by House Bill (HB) 2154, 84th Texas Legislature, Regular Session, 2015, after a respondent fails to appear for a contested case hearing. No changes are recommended to the proposed amendments as published.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose the repeal of and propose the adoption of a 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.
This item provides the State Board for Educator Certification (SBEC) with an update on the work of the Classroom Teacher Standards Advisory Committee. This committee was created by the SBEC to recommend educator standards for the classroom teacher class of certificate. The committee will explore alternatives to the current process for development, review, and approval of educator standards, which define Educator Preparation Program (EPP) and certification testing requirements.
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 Stefanie Roberts Taylor;
Waiver Request: Retake Core Subjects EC-6 Science Subtest
2. In the Matter of Bernadette Erakovich;
Waiver Request: Retake Core Subjects EC-6 Science Subtest
3. In the Matter of Jessica Michelle Garza;
Waiver Request to Retake Core Subjects EC-6 Overall Test (Math and Science Subtests)
This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by Wayland Baptist University, an approved and accredited educator preparation program (EPP) located in Plainview, Texas, to offer the Superintendent 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 242, Superintendent Certificate.
18. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
1. In the Matter of Matthew Davis; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
2. In the Matter of Christal Jules; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
3. In the Matter of Nalani Oritz; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
4. In the Matter of Weldon Rainey; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
5. In the Matter of Nedra Robinson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
6. In the Matter of Tshakalisa Khupe; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
7. In the Matter of John Ayers Lawley; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 3 Year Suspension
8. In the Matter of Cameron Antwoine Nelson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 3 Year Suspension
9. In the Matter of Vonceil Olds; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
10. In the Matter of Cristal Plasencia; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
11. In the Matter of Javier Valladarez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
12. In the Matter of Erica Lynell Williams; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
13. In the Matter of Carolyn Dewberry; 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
14. In the Matter of Jaci Gardner; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
15. In the Matter of Derek Wayne Milam; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
16. In the Matter of Jamie K Oar; 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
17. In the Matter of Cameron Wardell; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 Year Suspension and proof of successful completion of
substance abuse treatment program
18. In the Matter of Debbra Denise Jones; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
19. In the Matter of Joana E. Morin; 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
20. In the Matter of Christa Marie Loya; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
21. In the Matter of Sara Patricia Testa; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
22. In the Matter of Jose G. Farias, Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
23. In the Matter of Ronald Gonzalez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
24. In the Matter of Justin Hartweck; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
25. In the Matter of Shaun Harr; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
26. In the Matter of Tyler Broughton; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
27. In the Matter of Shalinthia Shanta Grant; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
B. Contested Cases
I. Proposals for Decision
1. Docket No. 701155134.EC, Texas Education Agency, Educator Leadership and Quality Division v. Ricardo Ramirez; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Same
2. Docket No. 701153992.EC, Texas Education Agency, Educator Leadership and Quality Division v. Leo Joseph Tran; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Suspended until such time as he can provide the Board with an evaluation that demonstrates that he currently has the mental and psychological qualities that will enable him to render the services essential to the accomplishment of the goals and mission of the State Board for Educator Certification policy and the code
Staff Recommendation: Revocation
3. Docket No. 701160141.EC, Texas Education Agency, Educator Leadership and Quality Division v. Maritza Villamil-Rivera; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Inscribed Reprimand
Staff Recommendation: 1 year suspension
4. Docket No. 701160914.EC, Texas Education Agency, Educator Leadership and Quality Division v. Elisha Ray Dickerson; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Same
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-GN-12-003413, In the 201st District Court of Travis County, Texas.
2. Elizabeth Kiel v. Texas Education Agency, Educator Certification and Standards Division; Cause No. B-192236, In the 60th District Court of Jefferson 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
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the appointment of an advisory committee, the nomination form to solicit committee members and an action plan with timeline for convening the advisory committee meetings for 19 TAC Chapter 239, Student Services Certificates. The student services certificates include School Counselor, School Librarian, Educational Diagnostician, Reading Specialist, and Master Teacher certificates.
This item provides the State Board for Educator Certification (SBEC) an opportunity to consider and discuss the SBEC Legislative Committee in preparation for the upcoming 85th Texas Legislative Session.
21. Board Operating Policies and Procedures (BOPP) (PDF 174 KB)
22. Requests from Board Members for Future Agenda Items
23. Requests Received from the Board Since Last Meeting
24. 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.