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October 7, 2011 Agenda

 

STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
October 7, 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. Associate Commissioner’s Comments Regarding the SBEC Agenda

4. Public Testimony

CONSENT AGENDA

5. Approval of August 12, 2011 Board Meeting Minutes

DISCUSSION AND ACTION

6. Adoption of 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 adopt, subject to State Board of Education (SBOE) review, the 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. 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. Any additional changes recommended by Texas Education Agency (TEA) staff since published as proposed will be provided to the SBEC under separate cover prior to the October 2011 meeting.

7. Consideration of and Opportunity to Approve an Additional Class of Certificate

Southwestern Adventist University (Keene, TX): 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.
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 8 of this agenda, were published in the Texas Register on August 7, 2009.

A. Contested Cases

I. Defaults

1) Docket No. 0853-EC-0511, Texas Education Agency, Educator Certification and Standards Division v. Lance Harjo; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year Suspension

2) Docket No. 4100-EC-0511, Texas Education Agency, Educator Certification and Standards Division v. Felicia D. Ribera; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years Suspension

3) Docket No. 4099-EC-0511, Texas Education Agency, Educator Certification and Standards Division v. Clarence Frank, Jr. ; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years Suspension

4) Docket No. 0862-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Aniqua Moneek Berry; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year Suspension

5) Docket No. 0858-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Carlton Caudle; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation

6) Docket No. 0859-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Lori Ann Lopez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 4 years Suspension

7) Withdrawn

8) Docket No. 0854-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Juanita Sanchez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 3 years Suspension

9) Docket No. 0855-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Andrea Combs; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years Suspension

10) Docket No. 4102-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Irma Sambrano; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation

11) Docket No. 5017-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Jeanne E. Hern; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years Suspension

12) Docket No. 4107-EC-0711, Texas Education Agency, Educator Certification and Standards Division v. Herman G. Burns; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years Suspension

13) Docket No. 5016-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Chandra Smith; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 years Suspension

14) Docket No. 0512-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Jessica Reyna; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year Suspension

15) Docket No. 1062-EC-0511, Texas Education Agency, Educator Certification and Standards Division v. Shaquail Outley; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 3 years Suspension

16) Docket No. 0860-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. David Gund; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 10 years Suspension

17) Docket No. 5029-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Rhonda L. Anastasiades; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 years Suspension

18) Docket No. 5027-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Andrea Ramos; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 4 years Suspension

19) Docket No. 5028-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Miguel Ramirez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation

20) Withdrawn

21) Docket No. 5022-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Osiel Armando Munoz; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation

22) Docket No. 5034-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Jana Denise Stewart; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation

23) Docket No. 5035-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Bryan K. Mouton; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years Suspension

24) Docket No. 4104-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Jason R. Johnson; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation

25) Docket No. 0868-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. John Winchester; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year Suspension

26) Docket No. 0865-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Reina Hernandez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years Suspension

27) Docket No. 0867-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Alfredo Azoca; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 10 years Suspension

28) Docket No. 5011-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Ashley Renee King; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation

29) Docket No. 5040-EC-0711, Texas Education Agency, Educator Certification and Standards Division v. Ana Rosa Benavidez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years Suspension

30) Docket No. 5036-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Donald E. Huse; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 3 years Suspension

31) Docket No. 5025-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Dianne D. Smith; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation

32) Docket No. 5021-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Lilimae Bravo; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 years Suspension

33) Docket No. 4109-EC-0711, Texas Education Agency, Educator Certification and Standards Division v. Rita Ann Garza; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation

34) Docket No. 4110-EC-0711, Texas Education Agency, Educator Certification and Standards Division v. Henry B. Garcia; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 years Suspension

35) Docket No. 5037-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Renee A. Gwaltney; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 years Suspension

36) Docket No. 5019-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Alma Leticia Martinez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years Suspension

37) Docket No. 5009-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Brittany Marie Sparks; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation

II. Proposals for Decision

38) Docket No. 701-10-3447.EC; Texas Education Agency, Educator Certification and Standards Division v. Robert E. Peters, Jr. and Tameka Hunter; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
Staff recommendation: Adopt ALJ’s Proposal:
Peters: 6 months Suspension Probated
Hunter: 1 year Suspension

39) Docket No. 701-10-6032.EC; Darian H. McKinney v. Texas Education Agency, Educator Certification and Standards Division; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
Staff recommendation: Adopt ALJ’s Proposal:
Administrative Denial of Certification

III. Motion for Rehearing

40) Docket No. 701-10-5652.EC; Texas Education Agency, Educator Certification and Standards Division v. Enrique Luna; Action to be taken: Consideration for Motion for Rehearing.
Staff recommendation: Denied

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; Cause No. 06-11-00078-CV, In the Court of Appeals for the Sixth District of Texas at Texarkana, Texas.

3) Karen Mavvaji v. State Board for Educator Certification; Cause No. D-1-GN-08-000625, In the 345th Judicial District Court of Travis County, Texas.

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

5) 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.

6) Robert 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. Texas Education Agency, Educator Certification and Standards Division, 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. Review of 19 TAC Chapter 231, Assignment of Public School Personnel  

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 231, Assignment of Public School Personnel. The rule being reviewed provides guidance to school districts with regard to the certificates required for specific assignments of public school educators.

11. Discussion of Proposed Reorganization of and Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification; 19 TAC Chapter 232, General Certification Provisions; and 19 TAC Chapter 233, Categories of Classroom Teaching Certificates  

This item presents for discussion the proposed reorganization of 19 TAC Chapter 230, Professional Educator Preparation and Certification; 19 TAC Chapter 232, General Certification Provisions; and 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed reorganization of the State Board for Educator Certification (SBEC) rules codified in these chapters would clarify and streamline the SBEC certification procedures and standards to make them more accessible to the public.

12. Discussion of Issues Related to Proposed Amendments to 19 TAC Chapter 227, Subchapter B, Preliminary Evaluation of Certification Eligibility, Regarding Criminal History Record Information Review of Educator Preparation Program Candidates to Ensure their Eligibility for Certification

This item presents for discussion proposed amendments to 19 TAC Chapter 227, Subchapter B, Preliminary Evaluation of Certification Eligibility, providing for criminal history record information review of all candidates entering Texas educator preparation programs to ensure that, before they incur the time and expense of educator preparation, these candidates can determine whether they are eligible for certification due to their criminal history.

INFORMATION ONLY

13. Board Operating Policies and Procedures (BOPP)

14. 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

15. Requests from Board Members for Future Board Items

16. 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 9/27/2011 08:25:54 AM.