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June 17, 2011 Board Agenda

 

STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
June 17, 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:

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 April 8, 2011 Board Meeting Minutes
4. Approval of 2012 Board Meeting Dates

DISCUSSION AND ACTION


5. Adoption of 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 for SBEC approval the adoption of 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.

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

North American College – Teacher Alternative Certification Program  

7. Consideration of and Opportunity to Approve New Classes of Certificates for Educator Preparation Programs Currently Rated "Accredited"

Region XIX Education Service Center, School Librarian
Texas A&M University at San Antonio, Reading Specialist EC-12
University of Texas-Arlington, School Counselor

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. 0936-EC-1210, State Board for Educator Certification v. Rhonda Kay Baker; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 year suspension.

2) Docket No. 0845-EC-1210, State Board for Educator Certification v. Phillip Joseph Deluna; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 4 year suspension.

3) Docket No. 0842-EC-1110, State Board for Educator Certification v. Norris Gene Hart; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 year suspension.

4) Docket No. 0847-EC-1210, State Board for Educator Certification v. Dori Ann Harrod; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 year suspension.

5) Docket No. 0846-EC-1210, State Board for Educator Certification v. Penny Yvonne Lewis; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

6) Docket No. 3133-EC-0211, State Board for Educator Certification v. Cruz Lechuga; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

7) Docket No. 3132-EC-0211, State Board for Educator Certification v. Wilfred Criswell; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

8) Docket No. 3123-EC-1210, State Board for Educator Certification v. Maribel M. Coronado; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 year suspension.

9) Docket No. 3129-EC-0211, State Board for Educator Certification v. Torrius Devaun Fisher; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

10) Docket No. 3130-EC-0211, State Board for Educator Certification v. LaToya Annette Thomas; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension.

11) Docket No. 4091-EC-0311, State Board for Educator Certification v. Bruce W. Smith; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 10 year suspension.

12) Docket No. 4090-EC-0311, State Board for Educator Certification v. Carl D. Purnell; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension.

13) Docket No. 4088-EC-0211, State Board for Educator Certification v. Delphina Pickerill; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 year suspension.

14) Docket No. 4092-EC-0311, State Board for Educator Certification v. Lee Ann Powell; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 10 year suspension.

15) Docket No. 3135-EC-0311, State Board for Educator Certification v. Olga Escobedo Strom; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

16) Docket No. 3136-EC-0311, State Board for Educator Certification v. Oran H. Martin; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

17) Docket No. 3137-EC-0311, State Board for Educator Certification v. Chester Anton Barnes; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension.

18) Docket No. 1049-EC-0311, State Board for Educator Certification v. Mary Jane Marroquin-Goss; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 year suspension.

19) Docket No. 1051-EC-0311, State Board for Educator Certification v. Kalyn Meschwitz; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 year suspension.

20) Docket No. 1050-EC-0311, State Board for Educator Certification v. Rhonda K. Odneal; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 year suspension.

21) Docket No. 1056-EC-0311, State Board for Educator Certification v. Armando M. Palacios; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension.

II. Proposals for Decision

22) Docket No. 701-10-5651.EC, State Board for Educator Certification v. Samuel L. Sherber, Jr.; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation: Inscribed Reprimand.

23) 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.

III. Rehearing

24) Docket No. 701-10-0335.EC, State Board for Educator Certification v. Richard Medill; Action to be taken: Consideration of Motion for Rehearing.

Staff recommendation: Grant the Motion for Rehearing and that the Board enter an Order that no action be taken, consistent with the Proposal for Decision.

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) 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.

3) 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.

4) 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.

5)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.

6) 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.

9. 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

10.Discussion of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases

This item presents proposed amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, for discussion. The proposed amendments would update statutory and administrative rule references, as well as clarify and streamline the SBEC disciplinary procedures and standards.

11. Review of 19 TAC Chapter 230, Professional Educator Preparation and Certification

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 230, Professional Educator Preparation and Certification. The rules being reviewed provide requirements relating to definitions; assessment of educators; certification of educators in general; certificate issuance procedures; Texas educator certificates based on certification and college credentials from other states or territories of the United States; requirements for standard certificates and specialized assignments or programs; permits; educational aide certificate; and induction training for beginning teachers.

12. Review of 19 TAC Chapter 232, General Certification Provisions

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 232, General Certification Provisions. The rules being reviewed provide requirements relating to types and classes of certificates issued, certificate renewal and continuing professional education requirements, and national criminal history record information review of active certificate holders.

13. Review of 19 TAC Chapter 233, Categories of Classroom Teaching Certificates 

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 233, Categories of Classroom Teaching Certificates. The rules being reviewed establish the certificate categories within the certificate classes for classroom teachers.

INFORMATION ONLY

14. Staff Report on Implementation of Educator Preparation Programs Sanctions

This item will consist of a report on the implementation of program sanctions and directives imposed on an educator preparation program by the State Board for Educator Certification (SBEC) at its April 8, 2011 meeting.

15. Report on Legislative Action in the 82nd Texas Legislative Session, 2011 Affecting the State Board for Educator Certification (SBEC)

This item reports on legislation affecting SBEC that has been adopted by the 82nd Texas Legislature, Regular Session (2011). Any legislation not yet signed or vetoed by Governor Perry will be noted. The deadline for the Governor to sign or veto legislation is June 19, 2011.

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 7/22/2011 12:35:45 PM.