October 7, 2016 SBEC Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
October 7, 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. Commissioner's Comments
3. Associate Commissioner’s Comments Regarding the SBEC Agenda
4. Public Comment
The Board shall allocate up to thirty (30) minutes at the beginning of each regularly scheduled meeting of the full Board for public comment on non-agenda and consent agenda items.
5. Consider and Take Appropriate Action on Request to Approve August 5, 2016 Board Meeting Minutes
6. Discussion and Action on Election of State Board for Educator Certification Officers (PDF 116 KB)
Texas Education Code (TEC) requires that the State Board for Educator Certification elect one of its members to serve as presiding officer for a term of two years and allows the board to elect other officers from among its membership. The Board Operating Policies and Procedures (BOPP) mandates that the board elect a Chairperson, Vice-Chairperson, and Secretary according to the terms of the BOPP.
According to the Texas Education Code, §21.038, the State Board for Educator Certification (SBEC) shall meet at least once in each quarter of the calendar year. The SBEC may meet at other times at the call of the presiding officer or as provided by the rules of the board. The purpose of this item is to set the regular SBEC meeting dates for 2017.
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.
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 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 amendments to 19 TAC §§230.1, 230.11, 230.13, 230.31, 230.33, 230.35, 230.37, 230.41, 230.53, 230.71, 230.73, 230.75, 230.77, 230.79, 230.81, 230.83, 230.91, 230.93, 230.97, 230.101, 230.105, 230.111, and 230.113; proposed new 19 TAC §§230.36, 230.63, 230.65, 230.104, and 230.107; and proposed repeal of 19 TAC §230.15 and §230.39 would result from SBEC board input, stakeholder input, and input received from staff at the Texas Education Agency (TEA). Additional changes are recommended to 19 TAC §§230.37(d)(1)(B)(i), 230.71(j), and 230.101(a)(8) since published as proposed.
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 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. Additional changes to 19 TAC §228.35 and the figure in 19 TAC §228.10(b)(1) are recommended since published as proposed.
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 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). No changes are recommended since published as proposed.
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 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. An additional change is recommended to 19 TAC §231.611(a) since published as proposed.
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 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. An additional change is recommended to 19 TAC §233.8(a) since published as proposed.
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 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. No changes are recommended since published as proposed.
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 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 19 TAC §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. No changes are recommended since published as proposed.
16. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
1. In the Matter of Robin Ameny; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
2. In the Matter of Michael Birmingham; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
3. In the Matter of Lashia Bowers; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
4. In the Matter of Christopher Grider; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
5. In the Matter of Crystal Ann Grider; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
6. In the Matter of John Haver; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
7. In the Matter of Meredith Holguin; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
8. In the Matter of Quinton Jackson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
9. In the Matter of Breanna Jatzlau; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
10. In the Matter of Sean Thomas Malone; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
11. In the Matter of Kenny Morton; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
12. In the Matter of Keila Tarango; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
13. In the Matter of Nusrat Uddin; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
14. In the Matter of Schronda Williams; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
15. In the Matter of Yaoyun Zhang; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
16. In the Matter of Mario Alvarado; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
17. In the Matter of Fidel Borrego; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
18. In the Matter of Jenna Marie Graves; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
19. In the Matter of Kathryne Anne Thompson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 5 Year Suspension
20. In the Matter of Crystal Cook; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
21. In the Matter of Julie Ann Douglas; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
22. In the Matter of Kendra Uvett Eddington; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
23. In the Matter of Sandra Doreen Izell; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
24. In the Matter of Yara Lozada; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
25. In the Matter of Shawna H. Newton; 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
26. In the Matter of Katherine L. Schilling; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
27. In the Matter of LaVail K. Washington; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
28. In the Matter of Chris Garcia; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
29. In the Matter of Juan Antonio Gomez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 3 Year Suspension
30. In the Matter of Michael Jon McCarthy Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
31. In the Matter of Douglas Shumway; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
32. In the Matter of Caesar Villarreal; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
33. In the Matter of Jodie Nicole Parker; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
SOAH Defaults
1. In the Matter of Jennifer Flores; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 Year Suspension
2. In the Matter of Mohammed Benhalim; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
3. In the Matter of Misty Malley-Duryea; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
B. Contested Cases
I. Proposals for Decision
1. Docket No. 701162438.EC, Texas Education Agency, Educator Leadership and Quality Division v. Kelvin Fuller; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Permanent Revocation
Staff Recommendation: Accept ALJ Recommendation
2. Docket No. 701163501.EC, Texas Education Agency, Educator Leadership and Quality Division v. Bradley Reynolds; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: No Recommendation
Staff Recommendation: 1 Year Suspension
3. Docket No. 701163501.EC, Texas Education Agency, Educator Leadership and Quality Division v. Danielle Reynolds; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: No Recommendation
Staff Recommendation: 1 Year Suspension
4. Docket No. 701163332.EC, Texas Education Agency, Educator Leadership and Quality Division v. Christopher Joseph Wildman; 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
5. Docket No. 701163859.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jolene Ann Amburn; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 Year Suspension
Staff Recommendation: Accept ALJ Recommendation
6. Docket No. 701163612.EC, Texas Education Agency, Educator Leadership and Quality Division v. Joseph Etheredge, Sr.; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 Year Suspension
Staff Recommendation: Accept ALJ Recommendation
7. Docket No. 701161592.EC, Texas Education Agency, Educator Leadership and Quality Division v. Adrian Jones; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Accept ALJ Recommendation
8. Docket No. 701161592.EC, Texas Education Agency, Educator Leadership and Quality Division v. Daronda Nicole Newbill; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Revocation
Staff Recommendation: Accept ALJ Recommendation
9. Docket No. 701162950.EC, Texas Education Agency, Educator Leadership and Quality Division v. Daniel Ray Jordan; 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
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
None.
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. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules (PDF 41 KB)
18. Requests from Board Members for Future Agenda Items
19. Requests Received from the Board Since Last Meeting
20. 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.