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June 8, 2012 Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
June 8, 2012 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      

Jada Batchelder and Sandra Gray with the Dallas ISD Alternative Certification Program and Amy Trietsch with the Education Service Center Region 11 Alternative Certification Program were winners of the 2012 National Scholarship presented by the National Association for Alternative Certification in March of 2012.

3.  Associate Commissioner’s Comments Regarding the SBEC Agenda  

4.  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

5.  Approval of February 3, 2012 Board Meeting Minutes

DISCUSSION AND ACTION  

6.  Adoption of Review of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates

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 227, Provisions for Educator Preparation Candidates. The rules being reviewed provide requirements for admission to educator preparation programs and preliminary evaluation of certification eligibility.

7.  Adoption of Review of 19 TAC Chapter 228, Requirements for Educator Preparation Programs

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 228, Requirements for Educator Preparation Programs. The rules being reviewed provide requirements relating to educator preparation programs.

8.  Adoption of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.2, Definitions, and §228.35, Preparation Program Coursework and/or Training 

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, and §228.35, Preparation Program Coursework and/or Training. The proposed amendments would be necessary as a result of Senate Bill (SB) 8, 82nd Texas Legislature, First Called Session, 2011, which requires flexible options for any field-based experience or internship required for certification, and SB 866, 82nd Texas Legislature, 2011, which requires dyslexia training in undergraduate university programs. The proposed amendments to 19 TAC §228.2 and §228.35 would also update the rules to comply with new statutory requirements for educator preparation programs to include dyslexia training and to clarify field-based experiences that must be completed prior to becoming a teacher of record under a probationary certificate. Additional changes, if any, will be provided to the SBEC under separate cover prior to the June 2012 meeting.

9.  Adoption of Proposed  Repeal of and New 19 TAC Chapter 230, Professional Educator Preparation and Certification 

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, the proposed repeal of 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, Definitions; Subchapter B, Assessment of Educators; Subchapter M, Certification of Educators in General; Subchapter N, Certificate Issuance Procedures; Subchapter O, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States; Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs; Subchapter Q, Permits; Subchapter S, Educational Aide Certificate; and Subchapter V, Induction Training for Beginning Teachers; and proposed new 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. The proposed rule actions would be necessary as a result of the reorganization of the rules codified in 19 TAC Chapter 230. Proposed new 19 TAC Chapter 230, Subchapters A-H, would update statutory and administrative rule references and clarify and streamline the professional educator preparation and certification provisions to make them more accessible and understandable to the public. Proposed new 19 TAC Chapter 230, Subchapter C, would also include new statutory requirements as a result of Senate Bill (SB) 867, 82nd Texas Legislature, 2011. In addition, proposed new 19 TAC Chapter 230, Subchapter G, would include new statutory requirements as a result of SB 54, 82nd Texas Legislature, 2011. Additional changes are recommended to proposed new 19 TAC §230.1, Definitions, and §230.37, Probationary Certificates, since published as proposed.

10. Adoption of Proposed Repeal of and New 19 TAC Chapter 232, General Certification Provisions

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, the proposed repeal of 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Types and Classes of Certificates Issued; Subchapter B, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter C, National Criminal History Record Information Review of Active Certificate Holders; and proposed new 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter B, National Criminal History Record Information Review of Active Certificate Holders. The proposed rule actions would be necessary as a result of the reorganization of the rules codified in 19 TAC Chapter 232. Proposed new 19 TAC Chapter 232, Subchapters A and B, would update statutory and administrative rule references and clarify and streamline the general SBEC certification provisions to make them more accessible and understandable to the public. Proposed new 19 TAC Chapter 232, Subchapter A, would also include new statutory requirements as a result of House Bill (HB) 1334 and Senate Bill (SB) 866, 82nd Texas Legislature, 2011. For clarification, an additional change is recommended to proposed new 19 TAC §232.7, Requirements for Certificate Renewal, since published as proposed.

11. Adoption of Proposed Revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed revisions to 19 TAC Chapter 233 would update statutory and administrative rule references, as well as clarify and streamline the certification procedures and standards to make them more accessible and understandable to the public. Additional changes are recommended to 19 TAC §233.5, Technology Applications and Computer Science, and §233.13, Career and Technical Education (Certificates not requiring experience and preparation in a skill area), since published as proposed.

12. Consideration of and Opportunity to Approve A Panel of Experts for Dyslexia Educator Preparation Required in Texas Education Code §21.044(b)and (c)(1) and (2)

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed panel of experts for dyslexia educator preparation. The proposed panel would be necessary as a result of Senate Bill (SB) 866, 82nd Texas Legislature, 2011, which requires a panel of experts from institutions of higher education to create modules addressing characteristics of dyslexia, the identification of dyslexia, and effective multisensory strategies for teaching students identified with dyslexia.

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.

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 13 of this agenda, were published in the Texas Register on August 7, 2009.

A. Contested Cases

I. Defaults

1) Docket No. 0880-EC-1211, Texas Education Agency, Educator Certification and Standards Division v. Yolonda Hence; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

2) Docket No. 0881-EC-1211, Texas Education Agency, Educator Certification and Standards Division v. Donald Jeffrey Combs; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

3) Docket No. 6007-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Steven Wigley; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

4) Docket No. 5061-EC-1211, Texas Education Agency, Educator Certification and Standards Division v. Israel Elias Garcia; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

5) Docket No. 6005-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Amy Scull; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

6) Docket No. 6003-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Jason Anderson; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

7) Docket No. 6002-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Christopher Campbell; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

8) Docket No. 5050-EC-1011, Texas Education Agency, Educator Certification and Standards Division v. Raymond Munoz; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

9) Docket No. 5065-EC-1211, Texas Education Agency, Educator Certification and Standards Division v. Kevin Braunshea Franklin; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

10) Docket No. 0881-EC-0112, Texas Education Agency, Educator Certification and Standards Division v. Shannon Sutton; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

11) Docket No. 0882-EC-0112, Texas Education Agency, Educator Certification and Standards Division v. Ashley Greene; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

12) Docket No. 5063-EC-1211, Texas Education Agency, Educator Certification and Standards Division v. Rigoberto Farfel Casteneda; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

13) Docket No. 5057-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Trina Lynn Vaughan; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 4 years Suspension

14) Docket No. 6009-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Lance Scott Smith; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

15) Docket No. 6008-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Courtney Durbin; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

16) Docket No. 5058-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Sharonda Masters; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

17) Docket No. 6010-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Deborah Brock; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

18) Docket No. 3155-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Melva G. Pope; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

19) Docket No. 3154-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Ida J. Bates; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

20) Docket No. 3156-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Ashley Coleman; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

21) Docket No. 5055-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Joshua Guzman Garcia; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

22) Docket No. 0940-EC-0112, Texas Education Agency, Educator Certification and Standards Division v. Jennifer Maren Berry; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

23) Docket No. 0941-EC-0112, Texas Education Agency, Educator Certification and Standards Division v. Thomas Calvin Vickers; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

24) Docket No. 4125-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Traci Young; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

25) Docket No. 4128-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Moira A. Newman; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

26) Docket No. 0883-EC-0112, Texas Education Agency, Educator Certification and Standards Division v. Amy Stalmaster; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

27) Docket No. 0884-EC-0112, Texas Education Agency, Educator Certification and Standards Division v. Hugh Sillito; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 4 years Suspension

28) Docket No. 0942-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Patricia Cagna; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

29) Docket No. 0869-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Shannon L. McClure; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

30) Docket No. 3151-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Richie Dante Washington; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

31) Docket No. 0886-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Susan Wilkins; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

32) Docket No. 0201-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Linda Wuensche; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 year Suspension

33) Docket No. 0202-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Ryan Daniel Scharrer; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

34) Docket No. 0203-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Dora Elvia Melendez; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

35) Docket No. 0204-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Diana Ramon aka Diana Martinez; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

36) Docket No. 0205-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Anthony D. Jones; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

37) Docket No. 0206-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Delela Irona Square; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

38) Docket No. 1103-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Robyn Lee Bradford; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

39) Docket No. 0209-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Levetta Lashon Tuggar; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

40) Docket No. 6012-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Charles Arriaga; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

41) Docket No. 6011-EC-0212, Texas Education Agency, Educator Certification and Standards Division v. Marc Raul Arredondo; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

II. Proposals for Decision

42) Docket No. 701-11-9433.EC; Texas Education Agency, Educator Certification and Standards Division v. Monique Harris; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: No Action
Staff recommendation: No Action

43) Docket No. 701-12-0752.EC; Texas Education Agency, Educator Certification and Standards Division v. Jorge Iracheta; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: 3 years Suspension, last 2 years probated
Staff recommendation: Same

44) Docket No. 701-11-4249.EC; Texas Education Agency, Educator Certification and Standards Division v. Nelson Galloso, Sr.; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Inscribed Reprimand
Staff recommendation: Inscribed Reprimand and correct Conclusion of Law #10

45) Docket No. 701-10-2641.EC; Texas Education Agency, Educator Certification and Standards Division v. Charles Freeman, Jr.; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Suspension until March 3, 2014
Staff recommendation: Same

III. Motions for Rehearing
None

IV. Appeals

1) 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.
2) Don Madden v. State Board for Educator Certification; Cause No. 03-11-00584-CV, In the Court of Appeals for the Third District of Travis County, Texas.
3) 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.
4) 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.  

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 229, Accountability System for Educator Preparation  Programs

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 229, Accountability System for Educator Preparation Programs. The rules being reviewed provide requirements for the accountability system for educator preparation programs (EPPs), including the assignment of an EPP accreditation status, and allow the SBEC to intervene in cases of low performance.   

 16. Discussion of the Definition of the Term “Student” in 19 TAC Chapter 247, Educators' Code of Ethics, §247.1(e)(19), Purpose and Scope; Definitions, and 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3(54), Definitions

This item presents for discussion issues related to the definition of the term "student" in 19 TAC Chapter 247, Educators' Code of Ethics, §247.1(e)(19), Purpose and Scope; Definitions, and 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3(54), Definitions, at the request of a board member. The definition, which is the same in both sections, incorporates State Board for Educator Certification (SBEC) policy and a long line of prior SBEC, commissioner of education, and court decisions relating to educator certification and the SBEC's use of the "unworthy to instruct or supervise the youth of the state" standard in those proceedings.

INFORMATION ONLY       

17. Board Operating Policies and Procedures (BOPP)       

18. 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

19. Requests from Board Members for Future Board Items

20. 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 6/29/2012 09:31:19 AM.