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
ÌýThe 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 Program Recognition
4.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.
5.ÌýÌýÌý Consider and Take Appropriate Action on Request to Approve December 11, 2015 Board Meeting MinutesÌý
Ìý6.ÌýÌýÌý Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 230, Professional Educator Preparation and Certification (PDF 276 KB) Ìý
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.ÌýÌýÌý 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 Ë¿¹ÏÊÓƵ (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.ÌýThe 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.
Ìý1.ÌýÌýÌý In the Matter of Stefanie Roberts Taylor;
Waiver Request: Retake Core Subjects EC-6 Science Subtest
2.ÌýÌýÌýIn the Matter of Bernadette Erakovich;
Waiver Request: Retake Core Subjects EC-6 Science Subtest
3.ÌýÌý 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. Ë¿¹ÏÊÓƵ (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.Ìý Pending or Contemplated Litigation, including Disciplinary Cases
A.ÌýÌý Defaults
1.ÌýÌýÌý In the Matter of Matthew Davis; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌýÌýStaff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 1 Year Suspension
Ìý2.ÌýÌýÌý In the Matter of Christal Jules; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 1 Year Suspension
Ìý3.ÌýÌýÌý In the Matter of Nalani Oritz; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 1 Year Suspension
Ìý4.ÌýÌýÌý In the Matter of Weldon Rainey; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 1 Year Suspension
Ìý5.ÌýÌýÌý In the Matter of Nedra Robinson; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 1 Year Suspension
Ìý6.ÌýÌýÌý In the Matter of Tshakalisa Khupe; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
Ìý7.ÌýÌýÌý In the Matter of John Ayers Lawley; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 3 Year Suspension
Ìý8.ÌýÌýÌý In the Matter of Cameron Antwoine Nelson; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 3 Year Suspension
9.ÌýÌýÌý In the Matter of Vonceil Olds; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
Ìý10.Ìý In the Matter of Cristal Plasencia; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
11.Ìý In the Matter of Javier Valladarez; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌý ÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
Ìý12.Ìý In the Matter of Erica Lynell Williams; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
Ìý13.Ìý In the Matter of Carolyn Dewberry; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 2 Year Suspension and proof of successful completion of substance abuse treatment program
Ìý14.Ìý In the Matter of Jaci Gardner; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
15.Ìý In the Matter of Derek Wayne Milam; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
Ìý16.Ìý In the Matter of Jamie K Oar; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 3 Year Suspension and proof of successful completion of substance abuse treatment program
Ìý17.Ìý In the Matter of Cameron Wardell; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 2 Year Suspension and proof of successful completion of
ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý substance abuse treatment program
Ìý18.Ìý In the Matter of Debbra Denise Jones; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
Ìý19.Ìý In the Matter of Joana E. Morin; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 4 Year Suspension and proof of successful completion of substance abuse treatment program
20.Ìý In the Matter of Christa Marie Loya; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
Ìý21.Ìý In the Matter of Sara Patricia Testa; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
22.Ìý In the Matter of Jose G. Farias, Jr.; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Permanent Revocation
Ìý 23.Ìý In the Matter of Ronald Gonzalez; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Permanent Revocation
Ìý24.Ìý In the Matter of Justin Hartweck; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Permanent Revocation
Ìý25.Ìý In the Matter of Shaun Harr; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Permanent Revocation
Ìý26.Ìý In the Matter of Tyler Broughton; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
Ìý27.Ìý In the Matter of Shalinthia Shanta Grant; Action to be taken:Ìý Consideration of Issuance of Default Judgment
ÌýÌýÌýÌýÌýÌý Staff recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
B.ÌýÌý Contested CasesÌýÌýÌýÌýÌý
I.ÌýÌýÌýÌýÌý Proposals for Decision
1.ÌýÌý Docket No. 701155134.EC, Texas Education Agency, Educator Leadership and Quality Division v. Ricardo Ramirez; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌýÌýÌý Revocation
Staff Recommendation:ÌýÌý Same
2.ÌýÌý Docket No. 701153992.EC, Texas Education Agency, Educator Leadership and Quality Division v. Leo Joseph Tran; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌýÌýÌýÌý 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:ÌýÌý Revocation
3.ÌýÌý Docket No. 701160141.EC, Texas Education Agency, Educator Leadership and Quality Division v. Maritza Villamil-Rivera; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌýÌýÌý Inscribed Reprimand
Staff Recommendation:ÌýÌý 1 year suspension
4.ÌýÌý Docket No. 701160914.EC, Texas Education Agency, Educator Leadership and Quality Division v. Elisha Ray Dickerson; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌýÌýÌý Revocation
Staff Recommendation:ÌýÌý Same
II.ÌýÌýÌý Motions for Rehearing
None.
C.Ìý Court Cases
I.ÌýÌýÌýÌýÌý District Court Cases
1.ÌýÌý Barry Ryan Davis v. Ë¿¹ÏÊÓƵ, Educator Certification and Standards Division; Cause No. D-1-GN-12-003413, In the 201stÌýDistrict Court of Travis County, Texas.
2.ÌýÌý Elizabeth Kiel v. Ë¿¹ÏÊÓƵ, Educator Certification and Standards Division; Cause No. B-192236, In the 60th District Court of Jefferson County, Texas.
II.ÌýÌýÌý Appellate Cases ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý
1.ÌýÌý State Board for Educator Certification v. Robert D. Lange; Cause No. 031200453CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
2.ÌýÌý 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.Ìý
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.ÌýÌýBoard Operating Policies and Procedures (BOPP) (PDF 174 KB)
22.Ìý Requests from Board Members for Future Agenda Items
23.Ìý Requests Received from the Board Since Last Meeting
24.Ìý AdjournmentÌý
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.Ìý
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