STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
August 13, 2010 at 9:00 a.m.
1701 N. Congress Ave. Room 1-104
Austin, Texas
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 the following agenda items:
1. Call to Order
2. Public Testimony
The Board will allocate up to thirty (30) minutes at the beginning of each regularly scheduled meeting of the Board for public testimony on non–agenda and consent agenda items.
CONSENT AGENDA
3. Approval of June 18, 2010 Board Meeting Minutes
DISCUSSION AND ACTION
4. Adoption of Proposed Revisions to 19 TAC Chapter 244, Certificate of Completion of Training for Appraisers
This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, the proposed revisions to 19 TAC Chapter 244, Certificate of Completion of Training for Appraisers. The proposed revisions would update the rules to reflect current law regarding the certification of appraisers of educators employed in Texas public schools. An additional change is recommended to the proposed amendment to 19 TAC §244.2, Conditions for Issuing a Certificate of Completion of Training for Appraisers of Teachers, since published as proposed.
5. Adoption of Proposed New 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter B, Preliminary Evaluation of Certification Eligibility, and Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.436, Schedule of Fees for Certification Services
This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed new 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter B, Preliminary Evaluation of Certification Eligibility, and an amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.436, Schedule of Fees for Certification Services. House Bill (HB) 963, 81st Texas Legislature, 2009, requires state licensing agencies to adopt rules necessary to administer requests for preliminary criminal history evaluations. The proposed new subchapter would provide procedures that allow for administering and responding to requests for preliminary criminal history evaluations. This item also proposes an amendment to 19 TAC §230.436 to provide a nonrefundable fee for a request for preliminary criminal history evaluation as authorized by HB 963. No additional changes are recommended since published as proposed.
6. Adoption of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.437, Issuance of Additional Certificates Based on Examination, and Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs, §230.483, Specific Requirements for Standard Career and Technical Education Certificates Based on Experience and Preparation; and 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.14, Career and Technical Education (Certificates requiring experience and preparation in a skill area)
This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, the proposed amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.437, Issuance of Additional Certificates Based on Examination, and Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs, §230.483, Specific Requirements for Standard Career and Technical Education Certificates Based on Experience and Preparation; and 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.14, Career and Technical Education (Certificates requiring experience and preparation in a skill area). The proposed amendments would allow the Marketing Education: Grades 8-12 certificate to be obtained through certification by examination and would allow either a school district or an educator preparation program to review and approve the required two years of work experience. An additional change is recommended to the proposed amendment to 19 TAC §233.14 since published as proposed.
7. Adoption of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §§233.1, General Authority; 233.2, Generalist; 233.3, English Language Arts and Reading; Social Studies; 233.4, Mathematics; Science; 233.12, Career and Technical Education (Certificates not requiring experience and preparation in a skill area); 233.15, Languages Other Than English
This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, the proposed amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §§233.1, General Authority; 233.2, Generalist; 233.3, English Language Arts and Reading; Social Studies; 233.4, Mathematics; Science; 233.12, Career and Technical Education (Certificates not requiring experience and preparation in a skill area); and 233.15, Languages Other Than English. The proposed amendments would update the rules to clarify that assignment criteria are specified in 19 TAC §231.1, Criteria for Assignment of Public School Personnel, and remove expired provisions. The proposed amendments would also add a new certificate for Speech: Grades 7-12, to be issued no earlier than November 1, 2010; and expand the certificates issued for languages other than English (LOTE) by adding four new certificates for Hindi, Italian, Turkish, and Urdu in Early Childhood-Grade 12, to be issued no earlier than November 1, 2010. Additional changes are recommended to the proposed amendments to 19 TAC §233.1 and §233.4 since published as proposed.
8. Proposed Amendments to 19 TAC Chapter 247, Educators’ Code of Ethics, and 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 247, Educators' Code of Ethics, and 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions. The proposed amendments to 19 TAC Chapter 247 would update the Educators' Code of Ethics to clarify and better address current issues relating to ethical and professional educator conduct. This item also proposes an amendment to 19 TAC §249.3 to incorporate technical edits and add definitions for words, terms, and phrases contained in 19 TAC Chapter 247, Educators' Code of Ethics.
9. Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.2, Definitions, 228.35, Preparation Program Coursework and/or Training; and 228.60, Implementation Date
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §§228.2, Definitions; 228.35, Preparation Program Coursework and/or Training; and 228.60, Implementation Date. The proposed amendments would clarify the requirements for educator preparation program coursework, training, internships, student teaching, clinical teaching, practicums, field-based experiences, and field supervision and would provide that the program requirements that were in effect on the date an educator candidate was admitted to a program would be the requirements applicable to that candidate.
10. Consideration of and Opportunity to Approve Additional Classes of Certificates for Educator Preparation Programs Currently Rated Accredited
• Texas A&M-San Antonio, Principal Certification Program
• Texas A&M-San Antonio, School Counselor Certification Program
• Texas A&M-San Antonio, Superintendent Certification Program
• A Career in Teaching, Principal Certification Program
• Lubbock Christian University, Educational Diagnostician Certification Program
• Lamar State University-Orange, Master Math Teacher EC-4 and 4-8 Certification Programs
• Lamar State University-Orange, Master Science Teacher 8-12 Certification Program
11. Consideration of and Opportunity to Approve the Passing Standard on the American Council on the Teaching of Foreign Languages (ACTFL) Examinations for Languages Other Than English (LOTE) Proficiency
This item provides the State Board for Educator Certification (SBEC) the opportunity to review a standard-setting report and approve a passing standard for oral and written proficiency on the ACTFL Oral Proficiency Interview (OPI) and Written Proficiency Test (WPT) in Hindi, Italian, and Turkish. The passing standards are recommended by a standard-setting committee of educators. 12. Litigation Settlement Options in Pending or Contemplated Litigation, Disciplinary Cases, and Pending Litigation The Board may meet in closed Executive Session, pursuant to section 551.071(2) and/or 551.071(1), of the Texas Government Code, to seek legal advice regarding pending or contemplated litigation or settlement of same, and contested cases related to educator discipline and other matters arising under 19 Texas Administrative Code Chapter 249. Pursuant to section 551.102 of the Texas Government Code, any final action on matters discussed in Executive Session must be made in an open meeting.
A. Contested Cases
I. Defaults
1) Docket No. 0914-EC-0310, State Board for Educator Certification v. Ramon Armendariz; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
2) Docket No. 0915-EC-0410, State Board for Educator Certification v. Julie Whitchurch; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Three year suspension plus proof of successful completion of community service and substance abuse programs.
3) Docket No. 0818-EC-0410, State Board for Educator Certification v. Raul Montoya-Santellano; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: One year suspension.
4) Docket No. 0815-EC-0310, State Board for Educator Certification v. Mark Anthony Vasquez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Two year suspension plus proof of successful completion of community supervision.
5) Docket No. 0906-EC-0210; State Board for Educator Certification v. Margaret Peggy Earley; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
II. Proposals for Decision
1) Docket No. 701-09-3906.EC, State Board for Educator Certification v. Sonia Sanchez; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
Staff recommendation: Accept ALJ’s recommendation to suspend for 5 years.
2) Docket No. 701-09-3352.EC, State Board for Educator Certification v. Donald Madden; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
Staff recommendation: 1 year suspension.
B. Pending Litigation
The Board may discuss any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting.
1) Leah Mullins, Don Madden, and David Jeffers v. The State Board for Educator Certification, Cause No. D1-GN-08-00979, In the 345th Judicial District Court of Travis County, Texas.
III. Appeals
1) Gilberto Gomez v. Texas Education Agency, Educator Certification and Standards Division, and Robert Scott, Commissioner of Education, in his Official Capacity; Cause No. 03-10-00128-CV, In the Court of Appeals for the Third District of Texas at Austin, Texas.
13. Action on Items Discussed in Executive Session
The Board may meet in closed Executive Session, pursuant to section 551.071(2) and/or 551.071(1), of the Texas Government Code, to seek legal advice regarding pending or contemplated litigation or settlement of same, and contested cases related to educator discipline and other matters arising under 19 Texas Administrative Code Chapter 249. Pursuant to section 551.102 of the Texas Government Code, any final action on matters discussed in Executive Session must be made in an open meeting.
DISCUSSION ONLY
14. Discussion of the Implementation of Senate Bill (SB) 174, and 19 TAC Chapter 229, Accountability System for Educator Preparation Programs
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the implementation of SB 174 and 19 TAC Chapter 229, Accountability System for Educator Preparation Programs. Senate Bill (SB) 174, passed by the 81st Texas Legislature in 2009, requires expanded accountability requirements for all SBEC-approved educator preparation programs (EPPs). New requirements include 4 standards for EPP program accountability including the assignment of an EPP accreditation status, which allows the SBEC to intervene in cases of low-performance. In addition, SB 174 requires the Texas Education Agency (TEA) to develop a website with consumer information to assist teacher candidates in selecting an EPP and to assist school districts in hiring decisions.
INFORMATION ONLY
15. Board Operating Policies and Procedures (BOPP)
DISCUSSION AND ACTION
16. Requests and/or Questions from Board Members
17. Adjournment
The Board may meet in closed executive session, Texas Government Code, section 551.071 to seek legal advice regarding any item on this agenda.