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April 8, 2011 Agenda

 

STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
April 8, 2011 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:

1Call to Order

2. Recognitions        

Willy Flores with the Dallas ISD Alternative Certification Program was presented the 2011 National Haberman Intern of the Year, awarded by the National Association for Alternative Certification.   

3. 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

4. Approval of October 8, 2010 Board Meeting Minutes  

DISCUSSION AND ACTION  

5Consideration of Petition for Adoption of Rule Change Concerning 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.10, Fine Arts  

This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a citizen petition on 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.10, Fine Arts, filed pursuant to Texas Government Code, §2001.021. The petition requests an amendment to 19 TAC §233.10 that would designate International Baccalaureate (IB) Film as a new and separate category and establish a new certification in film for instructors of film history, higher levels of video production, and IB Film. The SBEC may deny the petition or direct the Texas Education Agency (TEA) staff to initiate rulemaking proceedings.

6. Consideration of Proposal to Impose Conditions on the Continuing Approval of an Educator Preparation Program

This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a Texas Education Agency (TEA) proposal that the SBEC take action to impose conditions on the continuing approval of Steps to Teaching Alternative Certification Program (ACP) to provide educator preparation. Pursuant to 19 TAC Chapter 229, Accountability System For Educator Preparation Programs, §229.6, Continuing Approval, the SBEC may deny, change, or add to the proposal.

7. Consideration of and Opportunity to Revise the State Board for Educator Certification (SBEC) Approval of An Educator Preparation Program to Provide for Its Operation as a Single Program throughout the State

Texas Teachers, also known as A+ Texas Teachers, previously known as Texas Teachers of Tomorrow, seeksState Board for Educator Certification (SBEC) approval to provide educator preparation as a single statewide program with one consolidated Accountability System for Educator Preparation Programs (ASEP) reporting number.

8. Consideration of and Opportunity to Approve the 2009-2010 Accountability System for Educator Preparation Programs’ (ASEP) Accreditation Statuses

This item provides the State Board for Educator Certification (SBEC) the opportunity to discuss and approve the 2009-2010 accountability ratings for educator preparation programs’ accreditation statuses.  The attached list reflects the accreditation statuses for educator preparation programs for 2009-2010.  There is one educator preparation program with an “Accredited-Warned” status.  There are 141 programs rated as “Accredited” and 16 “Accredited-No Rating”.  In accordance with 19 TAC Chapter 229, 14 programs are recommended to be required to submit action plans due to low pass rates and small numbers in a demographic group.

9. Consideration of and Opportunity to Approve the Principal Surveys for Evaluating Educator Preparation Programs  

This item provides the State Board for Educator Certification (SBEC) the opportunity to consider and approve principal surveys to meet accountability requirements of Senate Bill (SB) 174, passed by the 81st Texas Legislature, and the Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs. The TAC requires four new standards that will measure the level of preparation provided to future educators. The surveys will address standards two and three.  Standard two will be met by administering a principal survey which will measure the performance of beginning teachers and their level of preparation. Standard three will be met by administering a principal survey that will measure the achievement of students taught by a beginning teacher for the first three years. The survey collections will meet the Accountability System for Educator Preparation Programs (ASEP) standards which measure the performance based on the appraisal system for beginning teachers adopted by the State Board for Educator Certification and the achievement of students taught by beginning teachers for the first three years following certification.

10. Consideration of and Opportunity to Approve a New Educator Preparation Program

Pflugerville ISD, Alternative Certification Program 

11. Consideration of and Opportunity to Approve Additional Classes of Certificates for an Educator Preparation Program Currently Rated Accredited

Texas A & M University-San Antonio – Educational Diagnostician

Texas A & M University-San Antonio – Master Teaching Reading

12. Consideration of and Opportunity to Approve a Passing Standard on the Texas Examinations of Educator Standards (TExES): Superintendent

This item provides the State Board for Educator Certification (SBEC) the opportunity to review a standard-setting report and approve the passing standard for the new Texas Examinations of Educator Standards (TExES) Superintendent examination. Candidates in superintendent preparation programs need to demonstrate content mastery in order to qualify for their certificates. This item requests consideration for the SBEC Board to review and approve a new passing standard for these examinations as recommended by the standard-setting committee of educators.

13. 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. 0925-EC-0910, State Board for Educator Certification v. David L. Reisner; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

2)   Docket No. 0923-EC-0810, State Board for Educator Certification v. Heather Lucille Dominguez; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  2 year suspension.

3)   Docket No. 0922-EC-0810, State Board for Educator Certification v. Ronald Hogan; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  2 year suspension.

4)   Docket No. 0923-EC-0810, State Board for Educator Certification v. Ryan D. Erwin; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

5)   Docket No. 0924-EC-0810, State Board for Educator Certification v. Felecia Lean Collier; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:  3 year suspension.

6)   Docket No. 0827-EC-0610, State Board for Educator Certification v. Tiffany Rene Stiles; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  3 year suspension.

7)   Docket No. 0830-EC-0910, State Board for Educator Certification v. Gary Glen Hatfield; Action to be taken:  Consideration of Issuance of Default Judgment. 

Staff recommendation:  Revocation.

8)   Docket No. 0831-EC-0910, State Board for Educator Certification v. Maurice Delaney; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:  Revocation.

9)   Docket No. 0835-EC-0910, State Board for Educator Certification v. Caroline Escobedo; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  2 year suspension.

10) Docket No. 0834-EC-9010, State Board for Educator Certification v. Anna E. Garcia; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  5 year suspension.

11) Docket No. 0833-EC-0910, State Board for Educator Certification v. Laura Del Refugio Barboza; Action to be taken:  Consideration of Issuance of Default Judgment. 

Staff recommendation:  Revocation.

12) Docket No. 2105-EC-0610, State Board for Educator Certification v. Leopoldo Tormes; Action to be taken:  Consideration of Issuance of Default Judgment. 

Staff recommendation:  Revocation.

13) Docket No. 2097-EC-0310, State Board for Educator Certification v. Jenny Marie Davis; Action to be taken:  Consideration of Issuance of Default Judgment. 

Staff recommendation:  5 year suspension.

14) Docket No. 2112-EC-0910, State Board for Educator Certification v. Sofia Teresa Hernandez; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

15) Docket No. 3113-EC-0910, State Board for Educator Certification v. Ricky Barela; Action to be taken:  Consideration of Issuance Default Judgment.

Staff recommendation:  Revocation.

16) Docket No. 4081-EC-1010, State Board for Educator Certification v. Penny Sue Opperman; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

17) Docket No. 4076-EC-0910, State Board for Educator Certification v. Roderick Washington; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

18) Docket No. 4082-EC-1010, State Board for Educator Certification v. Felipe Mancilla, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  3 year suspension.

19) Docket No. 1028-EC-0910, State Board for Educator Certification v. Richard A. Capello; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

20) Docket No. 1021-EC-0810, State Board for Educator Certification v. Gary Lacy; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  3 year suspension.

21) Docket No. 1019-EC-0810, State Board for Educator Certification v. Jose A. Garcia; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

22) Docket No. 1012-EC-0610, State Board for Educator Certification v. Monica M. Fraley, Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  1 year suspension.

23) Docket No. 1025-EC-0810, State Board for Educator Certification v. Justin A. Jolliff; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  18 month suspension.

24) Docket No. 1027-EC-0810, State Board for Educator Certification v. Larry C. Watson; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  4 year suspension.

25) Docket No. 0929-EC-1010, State Board for Educator Certification v. Joel Garcia Sanchez; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Permanent Revocation.

26) Docket No. 0838-EC-1010, State Board for Educator Certification v. Brian Buffamonte; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

27) Docket No. 0837-EC-1010, State Board for Educator Certification v. Arthur Ray Benner; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  5 year suspension.

28) Docket No. 0836-EC-1010, State Board for Educator Certification v. Tabitha Bozant; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  5 year suspension.

29) Docket No. 0840-EC-1110, State Board for Educator Certification v. Julie Michelle Vasquez; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  2 year suspension.

30) Docket No. 4075-EC-0910, State Board for Educator Certification v. Wayne Stephen Lewis; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

31) Docket No. 3124-EC-1210, State Board for Educator Certification v. William D. Richards; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

32) Docket No. 3126-EC-1210, State Board for Educator Certification v. Marco Antonio Ibarra; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

33) Docket No. 3119-EC-1010, State Board for Educator Certification v. Guadalupe Gonzalez,Jr.; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

34) Docket No. 3116-EC-1010, State Board for Educator Certification v. Helen Sheppard; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation:  Revocation.

II. Proposals for Decision

35) Docket No. 701-10-1384.EC, State Board for Educator Certification v. Diane Fay Puckett; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order. 

Staff recommendation:  Permanent Revocation.

36) Docket No. 701-09-3676.EC, State Board for Educator Certification v. Robert D. Lange; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation:  Permanent Revocation.

37) Docket No. 701-09-5546.EC, State Board for Educator Certification v. Renee B. Hill; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation:  Permanent Revocation.

38) Docket No. 701-10-4755.EC, State Board for Educator Certification v. James F. Heyward; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order. 

Staff recommendation:  Permanent Revocation.

39) Docket No. 701-10-0335.EC, State Board for Educator Certification v. Richard Medill; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation:  No sanction.

40) Docket No. 701-10-4727.EC, State Board for Educator Certification v. Mary Cato James; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation:  No sanction.

41) Docket No. 701-10-1447.EC, Catalino Arrocha-Ruiz v. State Board for Educator Certification; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation: Permanent Denial.

42) Docket No. 701-10-4136.EC, State Board for Educator Certification v. Jennie a/k/a Maria Owens; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation:  Revocation.

43) Docket No. 701-10-5178.EC, State Board for Educator Certification v. Kent Haley; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation:  Revocation. 

44) Docket No. 701-10-5421.EC, State Board for Educator Certification v. Elizabeth A. Bishop; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation:  Suspension until August 18, 2013 and proof of release from probation.

III.    Rehearing

45) Docket No. 701-10-1805.EC, Monica Dawn Floyed v. State Board for Educator Certification; Action to be taken:  Consideration of Issuance of Educator Certification.

Staff recommendation:  Upon provision of a current negative hair follicle drug test, issue certificate.

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. 10-0541, Inthe Supreme Court, 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.

6) Don Madden v. The State Board for Educator Certification; Cause No. D-1-GN-10-003843, In the 250th Judicial District Court of Travis County, Texas.

7) Sonia Sanchez v. Texas Education Agency Educator Certification and Standards Division; Cause No. D-1-GN-10-003868, 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.

14.  Action on Items Discussed in Executive Session

Pursuant to section 551.102 of the Texas Government Code, any deliberation and final action on matters discussed in Executive Session must be made in an Open Meeting.  For any final action that the Board discussed in Executive Session, the Board will deliberate and take its action in Open Session

DISCUSSION ONLY

15. Review of 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases 

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 the review of 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The rules being reviewed provide procedures and requirements relating to general provisions, enforcement actions and guidelines, prehearing matters, hearing procedures, and posthearing matters.

INFORMATION ONLY

16. Board Operating Policies and Procedures (BOPP)

17. 2011-2014 Rule Review Plan for State Board for Educator Certification Rules

This item outlines the rule review plan for State Board for Educator Certification (SBEC) rules during the period of 2011 through 2014. Texas Government Code, §2001.039, requires a 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.

DISCUSSION AND ACTION

18.  Requests and/or Questions from Board Members

19.  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.

 

Page last modified on 1/9/2012 10:41:02 AM.