STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
October 8, 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 August 13, 2010 Board Meeting Minutes
DISCUSSION AND ACTION
4. Adoption of 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 adopt, subject to State Board of Education (SBOE) review, the 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. 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. An additional change is recommended to the proposed amendment to 19 TAC §228.35 since published as proposed.
5. Adoption of 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 adopt, subject to State Board of Education (SBOE) review, the 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. 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. Additional changes are recommended to 19 TAC Chapter 247 and §249.3 since published as proposed.
6. Approval of 2011-2014 Rule Review Plan for State Board for Educator Certification Rules
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, codifies 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. This item also includes a summary of results following the completion of the 2007-2010 rule review of SBEC rules.
7. Approval of the Comparability Study of the TExES English as a Second Language Supplemental Examination with Praxis II English to Speakers of Other Languages
In order to continue the implementation of House Bill (HB) 1721, the State Board for Educator Certification (SBEC) will accept the committee recommendation for the test-level comparability study results for the TExES #154 English as a Second language Supplemental certification examination to the Praxis #0361 English to Speakers of Other Languages test. The objective of the test-level comparability study is to determine the appropriateness of offering certified educators from other states that have tested and successfully passed other certification tests the opportunity of possibly being exempted from taking TExES examinations.
8. 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. 1002-EC-0510, State Board for Educator Certification v. Tal Fletcher Belvin; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension.
2) Docket No. 1007-EC-0610, State Board for Educator Certification v. Amanda R. Gann; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
3) Docket No. 1008-EC-0610, State Board for Educator Certification v. Sandra Padron; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
4) Docket No. 1010-EC-0610, State Board for Educator Certification v. Melba Ann Garcia; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
5) Docket No. 1011-EC-0610; State Board for Educator Certification v. Ona-Maria T. Anderson; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
6) Docket No. 4063-EC-0510; State Board for Educator Certification v. Zenel Kelmendi; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
7) Docket No. 4062-EC-0510; State Board for Educator Certification v. Jennifer M. Griffin; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
8) Docket No. 4060-EC-0510; State Board for Educator Certification v. Jay Summers Casada; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
9) Docket No. 0917-EC-0410; State Board for Educator Certification v. Jorge Alberto Salazar; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
10) Docket No. 0921-EC-0610; State Board for Educator Certification v. David B. Moss; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Mandatory Permanent Revocation.
11) Docket No. 0826-EC-0610; State Board for Educator Certification v. Maria Romelia Obregon; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 year suspension.
12) Docket No. 0823-EC-0510; State Board for Educator Certification v. Rosa Linda Gonzales; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
13) Docket No. 0821-EC-0510; State Board for Educator Certification v. Cecilia Smithson; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 year suspension.
14) Docket No. 0820-EC-0510; State Board for Educator Certification v. John Cisneros; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 year suspension.
15) Docket No. 2102-EC-0510; State Board for Educator Certification v. Linda Sanders; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
16) Docket No. 2100-EC-0410; State Board for Educator Certification v. Megan Elizabeth Muncrief; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 year suspension.
17) Docket No. 0819-EC-0410; State Board for Educator Certification v. Todd Eric Rowley; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 4 year suspension ending March 11, 2014, with proof of release from probation.
18) Docket No. 0825-EC-0610; State Board for Educator Certification v. Hailey Hurst; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension.
19) Docket No. 0824-EC-0610; State Board for Educator Certification v. Johnette Kerker; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension.
20) Docket No. 4066-EC-0710; State Board for Educator Certification v. Imelda Garcia; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension.
21) Docket No. 4061-EC-0510; State Board for Educator Certification v. Claire Elizabeth Roach; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 3 year suspension with proof of release from probation.
22) Docket No. 1018-EC-0710; State Board for Educator Certification v. Clint Underwood; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation.
II. Proposals for Decision
23) Docket No. 701-10-0602.EC, State Board for Educator Certification v. James Goode, Jr.; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
Staff recommendation: Inscribed Reprimand.
24) Docket No. 701-09-5545.EC; State Board for Educator Certification v. Joan Marie Hightower; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
Staff recommendation: Inscribed Reprimand.
25) Docket No. 701-10-3978.EC; State Board for Educator Certification v. Guadalupe G. Atkinson; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order:
Staff recommendation: Revocation.
III. Motion for Rehearing
26) Docket No. 701-09-3352-EC; State Board for Educator Certification v. Donald J. Madden; Action to be taken: Consideration of Motion for Rehearing.
27) Docket No. 701-09-3906-EC; State Board for Educator Certification v. Sonia Sanchez; Action to be taken: Consideration of Motion for Rehearing.
IV. 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.
2) Anthony Allen Jones v. State Board for Educator Certification; Cause No. 03-09-00223-CV; In the Third District Court of Appeals at Austin, Texas.
3) Andra Barton v. Texas Education Agency, Educator Certification and Standards Division, Robert Scott, Commissioner of Education and the State Board for Educator Certification; Cause No. D-1-GN-10-002986, In the 261st Judicial District Court of Travis County, Texas.
4) Andrew Moreno v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1GN-10-001274, In the 250th Judicial District Court of Travis County, Texas.
5) Karen Mavvaji v. The State Board for Educator Certification; Cause No. D-1-GN-08-000625, In the 345th Judicial District Court of Travis County, Texas.
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.
9. Action on Items Discussed in Executive Session
INFORMATION ONLY
10. Board Operating Policies and Procedures (BOPP)
DISCUSSION AND ACTION
11. Requests and/or Questions from Board Members
12. Adjournment