December 11, 2015 SBEC Meeting Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
December 11, 2015 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.ÌýÌýÌý Call to Order
2.ÌýÌýÌý Associate Commissioner’s Comments Regarding the SBEC Agenda
3.ÌýÌýÌý 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.
4.ÌýÌýÌý Consider and Take Appropriate Action on Request to Approve October 16, 2015 Board Meeting Minutes
Texas Education Code (TEC) requires that the State Board for Educator Certification (SBEC) 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.
This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss and approve the membership of an advisory committee to recommend educator standards for the classroom teacher class of certificate. The committee would explore alternatives to the current process for development, review, and approval of educator standards, which define Educator Preparation Program (EPP) and certification testing requirements.
The State Board for Educator Certification (SBEC) will have an opportunity to discuss and approve a change to the 2015-2018 Rule Review Plan for SBEC Rules that would modify the date for beginning the review of 19 TAC Chapter 239, Student Services Certificates. The proposed change is based on SBEC's request to accelerate the review of this chapter. Texas Government Code, §2001.039, requires the rule review of existing state agency rules, including SBEC rules. The rule review requirement is designed to ensure that the reasons for initially adopting a rule continue to exist.
Texas Education Code (TEC), §21.042, requires the State Board for Educator Certification (SBEC) to submit a written copy of each rule it proposes to adopt to the State Board of Education (SBOE) for review. At its November 2015 meeting, the SBOE is scheduled to review the proposed amendment to 19 TAC Chapter 242, Superintendent Certificate, §242.20, Requirements for the Issuance of the Standard Superintendent Certificate; however, at the time this item was prepared, the November 2015 SBOE meeting had not been held. This item provides the SBEC an opportunity to discuss and reconsider the action taken at the October 2015 meeting to adopt, subject to SBOE review, the proposed amendment to 19 TAC §242.20 in the event the SBOE rejects the amendment.
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 227, Provisions for Educator Preparation Candidates.ÌýThe proposed amendments to 19 TAC §§227.1, 227.5, 227.10, 227.15, and 227.20 and proposed new 19 TAC §227.17 and §227.19 would include changes as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which required the Texas Education Agency (91Èȱ¬), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). In addition, HBs 1300 and 2205, 84th Texas Legislature, Regular Session, 2015, would be addressed. The proposed revisions would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state. The proposed amendments to 19 TAC §§227.103, 227.105, and 227.107 would reflect conforming technical edits. Changes are recommended to the proposed amendments to 19 TAC §227.10 and §227.17 as published.
10.Ìý Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments,Subchapter B, Prekindergarten-Grade 6 Assignments, Subchapter C, Grades6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, and Subchapter E, Grades 9-12 Assignments (PDF 86 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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.
11.Ìý Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates (PDF 159 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose 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.
12.Ìý Update and Report of the SBEC Board Committee on Educator Discipline (PDF 271 KB) Ìý
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the report and recommendations of the Committee on Educator Discipline regarding the SBEC’s process for investigating and disciplining certified educators.
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 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 91Èȱ¬ 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.
This item provides the State Board for Educator Certification (SBEC) the opportunity to review and approve changes to the SBEC Disciplinary Policy proposed by the SBEC Committee on Educator Discipline.
15.Ìý Consider and Take Appropriate Action on Written Delegation of Settlement Authority for Educator Discipline Cases to the Commissioner of Education (PDF 81 KB)Ìý
This item provides the State Board for Educator Certification (SBEC) the opportunity to delegate its authority to informally dispose of contested cases involving educator discipline to the Commissioner of Education.
16.Ìý Pending or Contemplated Litigation, including Disciplinary Cases and Agreed Orders
A.ÌýÌý Defaults
1.ÌýÌýÌý In the Matter of Nekeeta Borden; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 1 Year Suspension
Ìý2.ÌýÌýÌý In the Matter of Ashley Jameson; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 1 Year Suspension
Ìý3.ÌýÌýÌý In the Matter of Amy Kent; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 1 Year Suspension
Ìý4.ÌýÌýÌý In the Matter of Marissa Lowe; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 1 Year Suspension
Ìý5.ÌýÌýÌý In the Matter of Kimberly Diane Parker; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 1 Year Suspension
6.ÌýÌýÌý In the Matter of Nicholas W. Pavlow; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 1 Year Suspension
Ìý7.ÌýÌýÌý In the Matter of Carmen Rios; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 1 Year Suspension
Ìý8.ÌýÌýÌý In the Matter of Dawn T. Thorton; Action to be taken:Ìý Consideration of Issuance of Default Judgment.
ÌýStaff recommendation:ÌýÌýÌýÌý 1 Year Suspension
Ìý9.ÌýÌýÌý In the Matter of Hope Ann Armstrong; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý10.Ìý In the Matter of Bridgette Michelle Henry; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý11.Ìý In the Matter of Kwana McDaniel; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý Revocation
12.Ìý In the Matter of Edith Fabiola Ramirez; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý13.Ìý In the Matter of Adrian Martinez; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý14.Ìý In the Matter of Shelby Annette Martinez; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý15.Ìý In the Matter of Rachel Ferree Watson; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 3 Year Suspension and proof of successful completion of substance abuse treatment program,
Ìý16.Ìý In the Matter of Olita Nixon Whiteside; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 4 Year Suspension and proof of successful completion of substance abuse treatment program
Ìý17.Ìý In the Matter of William Edward Higgins; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Permanent Revocation
Ìý18.Ìý In the Matter of Shonda DeLaTorre (Warren); Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 4 Year Suspension and proof of successful completion of substance abuse treatment program
Ìý19.Ìý In the Matter of Terrence White; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý20.Ìý In the Matter of Adriana R. Estevis; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý21.Ìý In the Matter of Helen Denise Pouncey; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 4 Year Suspension and proof of successful completion of substance abuse treatment program
Ìý22.Ìý In the Matter of Brian Townsend; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý 5 Year Suspension and proof of successful completion of substance abuse treatment program
Ìý23.Ìý In the Matter of Flicka Colleen Croley (Marshall); Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý24.Ìý In the Matter of Daniel C. Williams; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý25.Ìý In the Matter of Donnia Harris; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý26.Ìý In the Matter of Maryanne Deveau; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý27.Ìý In the Matter of Ruby H. Gunner; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý28.Ìý In the Matter of Sophia Rivas; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý29.Ìý In the Matter of Julio Cruz; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Permanent Revocation
Ìý30.Ìý In the Matter of Christopher James Thompson; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Permanent Revocation
Ìý31.Ìý In the Matter of Jonathan Vance; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Permanent Revocation
Ìý32.Ìý In the Matter of Maria Irene Ramirez; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý33.Ìý In the Matter of Brandon Coats; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Revocation
Ìý34.Ìý In the Matter of Jennifer Adkins; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Permanent Revocation
Ìý35.Ìý In the Matter of Michael McLellan; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Permanent Revocation
Ìý36.Ìý In the Matter of Daniel Valdez; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Permanent Revocation
Ìý37.Ìý In the Matter of Amie Naranjo; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Permanent Revocation
Ìý38.Ìý In the Matter of Adam-Michael Billy; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýStaff recommendation:ÌýÌýÌýÌý Permanent Revocation
B.Ìý Agreed Orders
I.ÌýÌýÌýÌýÌý Investigations
1.ÌýÌýÌý In the Matter of Mason L. Adams
Ìý
2.ÌýÌýÌý In the Matter of Virginia Lee Austin
3.ÌýÌýÌý In the Matter of Ary H Bolanos
4.ÌýÌýÌý In the Matter of Link Eckhardt Chalon
5.ÌýÌýÌý In the Matter of Michael Cooney
6.ÌýÌýÌý In the Matter of Robert Girgis
7.ÌýÌýÌý In the Matter of Raul Hernandez
8.ÌýÌýÌý In the Matter of Jeffrey L. Laroux
9.ÌýÌýÌý In the Matter of Betty Ann Nelson
10.Ìý In the Matter of Michele R Rouse
11.Ìý In the Matter of Javier Francisco Soriano
12.Ìý In the Matter of Briana Claire Streit
13.Ìý In the Matter of Juan Jose Albarran
14.Ìý In the Matter of Martin R. Benitez
15.Ìý In the Matter of Bryan O'neal Bowling
16.Ìý In the Matter of Heather Marie Harvey
17.Ìý In the Matter of Joe Mendez
18.Ìý In the Matter of Kayla Collier
19.Ìý In the Matter of Jane Carolyn Foltyn
20.Ìý In the Matter of Charles Gray
21.Ìý In the Matter of Juan Luna-Gaona
22.Ìý In the Matter of Brandon Pedraza
23.Ìý In the Matter of Damon Cole
II.ÌýÌýÌý Legal
1.ÌýÌýÌý In the Matter of Dana Azar
2.ÌýÌýÌý In the Matter of Christopher Bean
3.ÌýÌýÌý In the Matter of James W. Bell
4.ÌýÌýÌý In the Matter of John Biros
5.ÌýÌýÌý In the Matter of Anna J. Bussell
6.ÌýÌýÌý In the Matter of Katie Chapman
7.ÌýÌýÌý In the Matter of Stacey Fivecoat
8.ÌýÌýÌý In the Matter of Karen Graham
9.ÌýÌýÌý In the Matter of Hannah Green
10.Ìý In the Matter of Patricia Jones
11.Ìý In the Matter of Edith Martinez
12.Ìý In the Matter of Nathan Nicholas
13.Ìý In the Matter of Kelley Raborn
14.Ìý In the Matter of Brandi Van Huss
15.Ìý In the Matter of Carol Ann Wilson
16.Ìý In the Matter of Linda Young
17.Ìý In the Matter of Rosa Elva Perez
18.Ìý In the Matter of Thea Clarice Thompson
19.Ìý In the Matter of Leo Cavazos
20.Ìý In the Matter of Arthur Hicks
21.Ìý In the Matter of Carl Williams
22.Ìý In the Matter of Elise Ramson
23.Ìý In the Matter of Jeannie L. Carter
24.Ìý In the Matter of Leicha Shaver
25.Ìý In the Matter of Kevin DeJuan Joyner
26.Ìý In the Matter of Carl Byers
C.ÌýÌý Contested CasesÌýÌýÌýÌýÌý
I.ÌýÌýÌýÌýÌý Proposals for Decision
Docket No. 701153927.EC, Texas Education Agency, Educator Leadership and Quality Division v. Betty Jean Lyons; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌý 3 year suspension concurrent with period of community supervision
Staff Recommendation:Ìý Same
II.ÌýÌýÌý Motions for Rehearing
None.
D.Ìý Court Cases
I.ÌýÌýÌýÌýÌý District Court Cases
1.ÌýÌý Barry Ryan Davis v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-12003413, In the 201stÌýDistrict Court of Travis County, Texas.
2.ÌýÌý 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.ÌýÌý Appellate Cases ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý1.ÌýÌýÌý State Board for Educator Certification v. Robert D. Lange; Cause No. 031200453-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
2.ÌýÌý State Board for Educator Certification v. Erasmo Montalvo; Cause No. 031300370-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
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.Ìý As part of this item, 91Èȱ¬ 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 91Èȱ¬.
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, 91Èȱ¬ 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 91Èȱ¬.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss possible changes to Chapter 230, Professional Educator Preparation and Certification. Chapter 230 provides information relating to general provisions; general certification requirements; assessment of educators; types and classes of certificates issued; educational aide certificates; permits; certificate issuance procedures; and Texas educator certificates based on certification and college credentials from other states or territories of the United States. The rules currently in effect in 19 TAC Chapter 230 are shown in Attachment III.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 TAC Chapter 232, General Certification Provisions. The proposed revisions 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 and national criminal history record information review of active certificate holders.
21.Ìý Discussion of Proposed New 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans (PDF 132 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed new 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans.Ìý 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 19 TAC Chapter 241, Principal Certificate, §241.15, Standards Required for the Principal Certificate, in response to stakeholder recommendations. The rule changes would update the standards required for principal certification, including those standards taught by principal preparation programs and tested on the state certification examination.
23.Ìý Update on Educator InvestigationsÌýÌýÌýÌýÌýÌýÌýÌýÌý
ÌýThis item provides the State Board for Educator Certification (SBEC) an opportunity to discuss updates provided by the Division of Educator Investigations for the first quarter of Fiscal Year (FY) 2015-2016.
24.Ìý Update on Legal Contested Case Docket
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss updates provided by the Division of Legal Services for the first quarter of fiscal year 2015-2016.
25.Ìý Board Operating Policies and Procedures (BOPP) (PDF 447)
26.Ìý Requests from Board Members for Future Agenda Items
27.Ìý Requests Received from the Board Since Last Meeting
28.Ìý 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.