June 10, 2016 SBEC Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
June 10, 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. Recognition: Milken Educator Award Recipient Laura Servin, Whittier MS, San Antonio ISD (PDF 139 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to recognize the recipient of the 2015 Milken Educator Award for the state of Texas. Laura Servin, a math teacher at Whittier Middle School in the San Antonio Independent School District received the prestigious Milken Educator Award, which comes with an unrestricted $25,000 financial prize. Servin is the sole recipient of the Milken Educator Award in Texas for the 2015-16 academic 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 April 15, 2016 Board Meeting Minutes
6. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 239, Student Services Certificates (PDF 242 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 adoption of 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.
7. Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs (PDF 204 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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.
8. Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs (PDF 589 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 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).
9. Consider and Take Appropriate Action on Request to Approve Advisory Committee for 19 TAC Chapter 239, Student Services Certificates (PDF 138 KB)
This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss and approve the membership of an advisory committee 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.
10. Consider and Take Appropriate Action on Request to Approve 2014-2015 Accountability System for Educator Preparation Programs (ASEP) Accreditation Status for TeacherBuilder.com (PDF 1087 KB)
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve a 2014-2015 Accountability System for Educator Preparation Programs (ASEP) Accreditation Status for TeacherBuilder.com (TBC).
11. Consider and Take Appropriate Action on Request for Waiver from Certification Examination Testing Limit (PDF 215 KB)
1. In the Matter of Farkhanda Farooq;
Waiver Request: Science 7-12
Route: Certification by Examination
12. Consider and Take Appropriate Action on the Core Subjects Early Childhood-Grade 6 Certification Examination (PDF 128 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and approve a new format for the Core Subjects Early Childhood-Grade 6 examination.
13. Consider and Take Appropriate Action on Request to Approve a New Educator Preparation Program at Criswell College (PDF 206 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by Criswell College located in Dallas, Texas, to offer a traditional undergraduate 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 and English as a Second Language (ESL). The anticipated start date for the first cohort is Fall 2016. The anticipated number of applicants to be admitted for the first year is 15. The cost of the program per participant is $45,000 for a Bachelor of Science Degree.
14. Consider and Take Appropriate Action on Request to Approve New Class of Certificate at the University of St. Thomas (PDF 144 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by University of St. Thomas, an approved and accredited educator preparation program (EPP) located in Houston, 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.
15. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
1. In the Matter of Luis Arteaga; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
2. In the Matter of Juana Brinlee; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
3. In the Matter of Mark Ensley; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
4. In the Matter of Midge Gauntt; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
5. In the Matter of Elizabeth Lienau; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
6. In the Matter of Kelvin Mukombe; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
7. In the Matter of Tam Thanh Ngo; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
8. In the Matter of Gloria Nix; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
9. In the Matter of Joy Oliver; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
10. In the Matter of Ernest Reyes; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
11. In the Matter of Rashida Russell; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
12. In the Matter of Shelby Sanchez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
13. In the Matter of Ericka Thomas; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
14. In the Matter of Mark Wurtzel; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
15. In the Matter of Amarylli Yu Asensi; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
16. In the Matter of Gary Thomas Bohnert; 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
17. In the Matter of Stanton Broussard; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
18. In the Matter of David Bradwell; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
19. In the Matter of Bryan Meyenberg; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
20. In the Matter of Shanna Dick; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
21. In the Matter of Jaime Narro; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
22. In the Matter of Monte Hodge; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
23. In the Matter of Chad Hudson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
24. In the Matter of Douglas Bruce Lutz; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
25. In the Matter of Tanya Meador; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
26. In the Matter of Phillip Saenz; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
27. In the Matter of Ellen Wermeling; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
28. In the Matter of Ashley Nicole Zarate; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
SOAH Default
1. In the Matter of Tyler Coker; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
B. Contested Cases
I. Proposals for Decision
1. Docket No. 701160875.EC, Texas Education Agency, Educator Leadership and Quality Division v. John Rivera; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: No disciplinary action be taken
Staff Recommendation: Accept ALJ Recommendation
2. Docket No. 701162664.EC, Texas Education Agency, Educator Leadership and Quality Division v. Rickie Sadberry; 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. 701161826.EC, Texas Education Agency, Educator Leadership and Quality Division v. Hermunth Shiimi; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Permanent Revocation
4. Docket No. 701161423.EC, Texas Education Agency, Educator Leadership and Quality Division v. Christopher Hackett; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Inscribed or Non-Inscribed Reprimand
Staff Recommendation: 3 Year Suspension
5. Docket No. 701162304.EC, Texas Education Agency, Educator Leadership and Quality Division v. Cody Dickson; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Permanent Revocation
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. Leo Joseph Tran v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-16-001802, In the 126th District Court of Travis County, Texas.
II. Appellate Cases
1. State Board for Educator Certification v. Robert D. Lange; Cause No. 03 12 00453 CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
2. State Board for Educator Certification v. Erasmo Montalvo; Cause No. 16-0106, In the Supreme Court for the State of Texas.
The Board may discuss any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting
16. Discussion of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF 762)
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.
17. Discussion of 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 549 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the 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. The proposed revisions 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.
18. Discussion of 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 177 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss 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. 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 regarding best practices for hiring and placement of educators since the federal requirements for highly qualified and No Child Left Behind are no longer in place for classroom teaching assignments effective with the 2016-17 school year.
19. Discussion of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates (PDF 191 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed 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, and establish a new Dance: Grades 6-12 certificate.
20. Discussion of Proposed Amendments to 19 TAC Chapter 247, Educators’ Code of Ethics (PDF 104 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed 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.
21. Discussion of 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 231 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss 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. The proposed amendment to 19 TAC §249.14(d) would align 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 and would require permanent revocation for educators who abuse students without justification.
22. Board Operating Policies and Procedures (BOPP) (PDF 451 KB)
23. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules (PDF 51 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.