October 5, 2018 SBEC Meeting Agenda

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State Board for Educator Certification
Meeting Agenda
October 5, 2018 at 8:30 am

1701 N. Congress Ave. Room 1-104
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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:Ìý
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Ìý1.ÌýÌýÌý
Call to OrderÌý
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Ìý2.ÌýÌýÌý Associate Commissioner’s Comments Regarding the SBEC AgendaÌý

Ìý3.ÌýÌýÌý 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. In accordance with SBEC Board Operating Policies and Procedures, late registration for providing oral or written comment will be accepted up to 30 minutes prior to the beginning of the Board meeting.

CONSENT AGENDA

4.ÌýÌýÌý Consider and Take Appropriate Action on Request to Approve August 3, 2018 Board Meeting Minutes Ìý

DISCUSSION AND ACTION


5. ÌýÌýÌýÌýConsider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs

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 September 14, 2018 meeting, the SBOE rejected the proposed amendments to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. This item provides the SBEC an opportunity to discuss and reconsider the action taken at the August 2018 SBEC meeting to adopt, subject to SBOE review, the proposed amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs. To address the SBOE's concerns, 91Èȱ¬ staff recommends that the SBEC remove the proposed amendment to §228.35 that allowed educator preparation programs (EPPs) to provide candidates seeking certification in Marketing: Grades 6-12 and Health Science: Grades 6-12 with fewer than 300 clock-hours of coursework and/or training.
 
6.ÌýÌýÌý Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; 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

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 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; 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. Chapter 230 serves as a foundation for the practices and procedures related to educator preparation and certification. The subchapters being amended outline testing requirements for certification; provide general eligibility, recommendation, and issuance requirements for several types of certificates; identify fees for certification services; and confirm the overall process for individuals already certified in other states or countries to obtain Texas certification. The proposed amendments would provide necessary updates to certification and/or testing requirements and would align SBEC rules where applicable with provisions from recent legislation. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

7.ÌýÌýÌý Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 241, Principal Certificate

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 19 Texas Administrative Code (TAC) Chapter 241, Principal Certificate. The rules being reviewed provide requirements relating to the certification of principals.

8.ÌýÌýÌý Consider and Take Appropriate Action on Adoption of Proposed Repeal of 19 TAC Chapter 241, Principal Certificate, and New 19 TAC Chapter 241, Certification as Principal

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed repeal of 19 Texas Administrative Code (TAC) Chapter 241, Principal Certificate, and new 19 TAC Chapter 241, Certification as Principal. The proposed repeal of and new 19 TAC Chapter 241 would reorganize the chapter to allow for the chapter title to reflect both the proposed new principal certificate as well as the current principal certificate, would establish the requirements for the proposed new principal certificate, and would provide for a proposed new endorsement for individuals who hold a certificate to serve in the role of principal. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.
 
9.ÌýÌýÌý Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 242, Superintendent Certificate

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 19 Texas Administrative Code (TAC) Chapter 242, Superintendent Certificate. The rules being reviewed provide requirements relating to the certification of superintendents.

10.ÌýÌýÌý Discussion and Approval of Standards Advisory Committees

This item provides the State Board for Educator Certification (SBEC) with an opportunity to approve the membership of the standards development advisory committees for the Trade and Industrial Workforce Training: Grades 6-12 and English as a Second Language: Grades EC-12 certificates.Ìý The committees will work with staff to draft the educator standards that will subsequently define the content of the educator preparation programs (EPP) and certification examinations.ÌýÌýÌý

11.ÌýÌýÌý Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss and propose revisions to 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards. The proposed revisions would add the Texas Essential Knowledge and Skills (TEKS)-based certification standards; would add reference to the new certification standards for the Trade and Industrial Workforce Training: Grades 6-12 certificate to implement the statutory requirements of House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017; and would clarify the effective date of Subchapter D.

12.ÌýÌýÌý Consider and Take Appropriate Action on Proposed Amendment to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status. The proposed amendment to 19 TAC §229.4 would adjust the performance standards for the accountability indicators for certification examinations and principal appraisals, would clarify performance standards, and would remove outdated provisions.
 
13.ÌýÌýÌý Consider and Take Appropriate Action on Request to Approve 2016-2017 Accountability System for Educator Preparation Programs (ASEP) Accreditation Status for TeacherBuilder.com

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve a 2016-2017 Accountability System for Educator Preparation Programs (ASEP) Accreditation Status for TeacherBuilder.com (TBC).Ìý

14.ÌýÌýÌý Consider and Take Appropriate Action on Request to Approve Educator Preparation Advisory Committee Members

This item provides the State Board for Education Certification (SBEC) with an opportunity to approve Educator Preparation Advisory Committee (EPAC) members. The SBEC is statutorily authorized to approve members of advisory committees. The committee members selected for the EPAC are representative of the diverse types of educator preparation programs (EPPs) in the state. The committee meets at least quarterly each year to provide input on issues related to EPPs in Texas.

15.ÌýÌýÌý Consider and Take Appropriate Action on 2019-2022 Rule Review Plan for State Board for Educator Certification Rules
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This item provides an opportunity for the State Board for Educator Certification (SBEC) to approve a proposed four-year rule review plan for SBEC rules. Texas Government Code, §2001.039, requires a rule review of existing state agency rules, including SBEC rules. The rule review requirement in Texas Government Code, §2001.039, is designed to ensure that the reasons for initially adopting the rule continue to exist.
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16.ÌýÌýÌý Discussion and Action on Request to Approve Proposed 2019 State Board for Educator Certification Meeting Dates

According to the Texas Education Code (TEC), §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 and work session date for 2019.

DISCIPLINARY CASES

17.ÌýÌýÌý Pending or Contemplated Litigation, including Disciplinary Cases

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A.ÌýÌýÌý Defaults

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ÌýGood Cause Determination

1. ÌýÌýÌýÌýIn the Matter of Blake Tyler Tittle; Action to be taken: Determination of Good Cause and Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

No Answer Defaults

1. ÌýÌýÌýÌýIn the Matter of Jena J’Niece Aust; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 1 year suspension

2. ÌýÌýÌýÌýIn the Matter of Meagan Victoria Bonds; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 1 year suspension

3. ÌýÌýÌýÌýIn the Matter of Jerred Caskey; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 1 year suspension

4. ÌýÌýÌýÌýIn the Matter of Julie DePierri; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 1 year suspension

5. ÌýÌýÌýÌýIn the Matter of Sherry Nicole Goodman; Action to be taken:Ìý Consideration of Issuance of Default Judgment
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Staff recommendation:ÌýÌýÌý 1 year suspension

6.ÌýÌýÌý In the Matter of Ryan Livingston; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 1 year suspension

7.ÌýÌýÌý In the Matter of Simon G. Razavi; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 1 year suspension

8.ÌýÌýÌý In the Matter of Melanie A. Rich; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 1 year suspension

9.ÌýÌýÌý In the Matter of Ashley Torres; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 1 year suspension

10.ÌýÌýÌý In the Matter of Antonio Camacho, Jr.; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

11.ÌýÌýÌý In the Matter of Gose R. Cavazos; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

12.ÌýÌýÌý In the Matter of Carlos Chung-Salazar; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

13.ÌýÌýÌý In the Matter of Kearney Day; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

14.ÌýÌýÌý In the Matter of Eric Owen Johnson; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

15.ÌýÌýÌý In the Matter of Domenic J. Livoti; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

16.ÌýÌýÌý In the Matter of Terrill Yeager; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

17.ÌýÌýÌý In the Matter of Isaac Aldaco; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

18.ÌýÌýÌý In the Matter of Clarence Appleby; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation
 
19.ÌýÌýÌý In the Matter of Ronald Hogan; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 1 year suspension

20.ÌýÌýÌý In the Matter of Dana Markaya Rothman; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

21.ÌýÌýÌý In the Matter of Ariana Marie Cary; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

22.ÌýÌýÌý In the Matter of Zachary Michael McOmber; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

23.ÌýÌýÌý In the Matter of Diandra Sheppard; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

24.ÌýÌýÌý In the Matter of Bobby Rosalio Cantu; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

25.ÌýÌýÌý In the Matter of Neiva Janett Diaz; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

26.ÌýÌýÌý In the Matter of Joshua Gomez; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

27.ÌýÌýÌý In the Matter of Mirtha Hernandez; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation
 
28.ÌýÌýÌý In the Matter of Brian Eric Paque; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Permanent Revocation

29.ÌýÌýÌý In the Matter of Casey T. Andrews; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 2 year suspension and proof of successful completion of substance abuse treatment program

30.ÌýÌýÌý In the Matter of Andrea Megan Bearden; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

31.ÌýÌýÌý In the Matter of Rebecca Clements; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

32.ÌýÌýÌý In the Matter of Mariza Elizondo; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 2 year suspension and proof of successful completion ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý of substance abuse treatment program

33.ÌýÌýÌý In the Matter of Paul Alton Fincher; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

34.ÌýÌýÌý In the Matter of Raul Larralde; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

35.ÌýÌýÌý In the Matter of Satchie Dolan Leighton; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 2 year suspension and proof of successful completion ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý of substance abuse treatment program

36.ÌýÌýÌý In the Matter of Tamara Leigh Maldonado; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 2 year suspension and proof of successful completion ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý of substance abuse treatment program
37.ÌýÌýÌý In the Matter of Sylvia Medrano; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 4 year suspension and proof of successful completion ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý of substance abuse treatment program

38.ÌýÌýÌý In the Matter of Mariely Morales Del Valle; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

Ìý39.ÌýÌýÌý In the Matter of Rachel R. Ramirez; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 2 year suspension and proof of successful completion of substance abuse treatment program

40.ÌýÌýÌý In the Matter of Emory Sidney; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 1 year suspension and proof of successful completion of substance abuse treatment program

41.ÌýÌýÌý In the Matter of Rebecca Susan Vaughn; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 2 year suspension and proof of successful completion ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý of substance abuse treatment program

42.ÌýÌýÌý In the Matter of Willie Wilson; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

43.ÌýÌýÌý In the Matter of Diana E. Najera; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

44.ÌýÌýÌý In the Matter of Debbie Rodriquez; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

45.ÌýÌýÌý In the Matter of Alma Gonzalez; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

46.ÌýÌýÌý In the Matter of Deborah Michele Gueperoux; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

47.ÌýÌýÌý In the Matter of Maureen Sharon Youngblood; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 2 year suspension

48.ÌýÌýÌý In the Matter of Alma Nery Villanueva; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 3 year suspension and proof of successful completion ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý ÌýÌýÌý of substance abuse treatment program

49.ÌýÌýÌý In the Matter of Kathy J. Ware; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý 2 year suspension

50.ÌýÌýÌý In the Matter of Tim Wiggins; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation

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SOAH Defaults

1.ÌýÌýÌý In the Matter of Ashley Nichole Dreahn; Action to be taken:Ìý Consideration of Issuance of Default Judgment

Staff recommendation:ÌýÌýÌý Revocation


B.ÌýÌýÌý Contested Cases


Proposals for Decision

1.ÌýÌýÌý Docket No. 701182501.EC, Texas Education Agency, Educator Leadership and Quality Division v. Debbie Casares; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
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ALJ Recommendation:ÌýÌýÌý 6 month suspensionÌý

Staff Recommendation:ÌýÌýÌý 2 year suspension
 
2.ÌýÌýÌý Docket No. 701183458.EC, Texas Education Agency, Educator Leadership and Quality Division v. Cynthia M. Garcia; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:ÌýÌýÌý Revocation

Staff Recommendation:ÌýÌýÌý Accept ALJ Recommendation
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3.ÌýÌýÌý Docket No. 701180638.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jana Gillespie; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
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ALJ Recommendation:ÌýÌýÌý No disciplinary action be taken

Staff Recommendation:ÌýÌýÌý Accept ALJ RecommendationÌý
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C.ÌýÌýÌý Court Cases

District Court Cases

1.ÌýÌýÌý 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.

2.ÌýÌýÌý David Turner v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-002298, In the 250th District Court of Travis County, Texas.

3.ÌýÌýÌý Anna Luisa Kell v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-002347, In the 419th District Court of Travis County, Texas.

4.ÌýÌýÌý Norma Regina Gonzalez (a/k/a Gina Oaxaca) v. Texas Education Agency, Educator Standards Division; Cause No. D-1-GN-17-004263, In the 200th District Court of Travis County, Texas.

5.ÌýÌýÌý Joel Trigo v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-006874, In the 459th District Court of Travis County, Texas.

6.ÌýÌýÌý Bradley Keith Bowen v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-004203, In the 98th District Court of Travis County, Texas.Ìý

7.ÌýÌýÌý Shelby Junge v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-000707, In the 200th District Court of Travis County, Texas.

DISCUSSION ONLY

18. ÌýÌýÌýÌýDiscussion and Update on Teacher Certification Redesign

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss an update on the Teacher Certification Redesign, presented to the Board on August 2, 2018, including substituting subject-matter only assessments for pre-admission content tests (PACT), the option of an intensive pre-service pathway towards certification, updating the current content exams, and the phase-in of edTPA, a performance-based portfolio assessment.

INFORMATION ONLY


19.ÌýÌý ÌýBoard Operating Policies and Procedures (BOPP)

20.ÌýÌý Ìý2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules

21.ÌýÌý ÌýRequests from Board Members for Future Agenda Items

22.ÌýÌý ÌýRequests Received from the Board Since Last Meeting

23.ÌýÌý ÌýAdjournment

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.

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