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August 12, 2011 Agenda

 

STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
August 12, 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. Recognition and Presentation

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 June 17, 2011 Board Meeting Minutes
5. Approval of Revised 2012 Board Meeting Date

DISCUSSION AND ACTION

6. Election of Board Chairperson

As required by the Texas Education Code, the Board must elect one of its members to serve as chairperson for a two-year term.

7. Election of Board Vice-Chairperson
As permitted by the Texas Education Code and mandated by the Board’s Operating Policies and Procedures, the Board will elect one of its members to serve as Vice-Chairperson until February 2012.

8. Election of Board Secretary

As permitted by the Texas Education Code and mandated by the Board’s Operating Policies and Procedures, the Board will elect one of its members to serve as Secretary until February 2012.

9. Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, and 19 TAC Chapter 247, Educators’ Code of Ethics, §247.1, Purpose and Scope; Definitions 

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, and 19 TAC Chapter 247, Educators' Code of Ethics, §247.1, Purpose and Scope; Definitions. The proposed amendments to 19 TAC Chapter 249 would update statutory and administrative rule references, as well as clarify and streamline the SBEC disciplinary procedures and standards. This item also proposes an amendment to 19 TAC §247.1 to ensure that the definitions are consistent with 19 TAC §249.3, Definitions.

10. Adoption of 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 for SBEC approval the adoption of 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.

11. Adoption of 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 for SBEC approval the adoption of 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.

12. Adoption of 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 for SBEC approval the adoption of 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.

13. Consideration of and Opportunity to Approve New Members of the Educator Certification and Standards Advisory Committee

This item presents the State Board for Education Certification (SBEC) the opportunity to approve the new Educator Certification and Standards Advisory Committee members.

14. Consideration of and Opportunity to Approve Additional Classes of Certificates

 Region IV Education Service Center, Counselor
 Dallas Baptist University, Educational Diagnostician

15. Consideration of and Opportunity to Approve the Passing Standard on the Texas Examinations for Master Teachers (TExMaT): Master Science Teacher EC-6  

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 Master Teachers (TExMaT) examination for elementary Master Science Teachers. Candidates in master teacher preparation programs need to demonstrate content mastery as well as mastery of mentoring and coaching techniques in order to qualify for their certificates. This item requests consideration by SBEC to review and approve the new passing standard for this examination as recommended by the standard-setting committee of educators.

16. 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.

On June 18, 2009, the Board adopted Educator Certification Disciplinary Policy Guidelines in order to articulate and provide notice of its guiding policy considerations in educator discipline matters. The Guidelines, which appear under Item 16 of this agenda, were published in the Texas Register on August 7, 2009.

A. Contested Cases
I. Defaults

1) Docket No. 1048-EC-0311, State Board for Educator Certification v. Edith April Johnson; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

2) Docket No. 4095-EC-0411, State Board for Educator Certification v. Ingrid A. Cortez; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 year suspension.

3) Docket No. 4084-EC-0111, State Board for Educator Certification v. Jonathan Lopez-Hoffman; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 year suspension.

4) Docket No. 0851-EC-0511, State Board for Educator Certification v. Beverly Jenkins; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension.

5) Docket No. 0850-EC-0511, State Board for Educator Certification v. Thomas Blake Martin; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension.

6) Docket No. 0852-EC-0511, State Board for Educator Certification v. Farrah Tannehill; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension.

7) Docket No. 5006-EC-0511, State Board for Educator Certification v. Yussy Flores; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension.

8) Docket No. 3145-EC-0511, State Board for Educator Certification v. Christina Blick; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

9) Docket No. 3144-EC-0511, State Board for Educator Certification v. Anthony Snoddy, Jr., Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

10) Docket No. 3138-EC-0411, State Board for Educator Certification v. Stewart Smiley; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 year suspension.

11) Docket No. 4097-EC-0411, State Board for Educator Certification v. Paul D. Morrow; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation.

12) Docket No. 4098-EC-0411, State Board for Educator Certification v. Jackie E. Mead; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 year suspension.

II. Proposals for Decision

13) Docket No. 701-10-5652.EC, State Board for Educator Certification v. Enrique Luna; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation: 4 year suspension.

III. Rehearing - None

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. State Board for Educator Certification, Appellate Case Number 03-11-0397-CV, In the Court of Appeals for the Third District of Texas at Austin, 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.
7)Robert D. Lange v. State Board for Educator Certification; Cause No. D-1-GN-11-001843, In the 250th 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.

17. 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.

INFORMATION ONLY

18. Board Operating Policies and Procedures (BOPP)

19. 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

20. Requests from Board Members for Future Board Items
21. Adjournment

Page last modified on 1/9/2012 11:07:14 AM.