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October 5, 2012 Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
October 5, 2012 at 9:00 a.m.
1701 N. Congress Ave., Room 1-104
Austin, Texas


The agenda has been revised in Item 7 to include an additional case under pending litigation, "Erasmo Montalvo v. The State Board for Educator Certification and Michael Berry, the Acting Chief Executive Officer of the State Board for Educator Certification, in his official capacity only; Cause No. D-1-GN-12-002991, In the 200th Judicial District Court of Travis County, Texas." No other changes have been made to the agenda as follows:

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. Chief Deputy Commissioner’s Comments Regarding the SBEC Agenda

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 August 10, 2012 Board Meeting Minutes

DISCUSSION AND ACTION

5. Consideration of and Opportunity to Approve New Classes of Certificates

Education Service Center, Region XIII, School Counselor
Rice University Education Entrepreneurship Program (REEP), Superintendent

6. Consideration and Opportunity for Approval of Changes to 2011-2014 Rule Review Plan for State Board for Educator Certification Rules

The State Board for Educator Certification (SBEC) will have an opportunity to discuss and approve changes to the 2011-2014 Rule Review Plan for SBEC  Rules that would modify the begin review dates of SBEC rules based on the approved SBEC meeting dates for 2013. Texas Government Code, §2001.039, requires the rule review of 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.

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

A. Contested Cases

Ia. No Answer Defaults

1) Docket No. 0946-EC-0312, Texas Education Agency, Educator Certification and Standards Division v. Marcy Rodriguez Galvan; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

2) Docket No. 0953-EC-0512, Texas Education Agency, Educator Certification and Standards Division v. Rebecca Michelle Smith; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

3) Docket No. 3160-EC-0512, Texas Education Agency, Educator Certification and Standards Division v. Jana M. Moore; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

4) Docket No. 6017-EC-0312, Texas Education Agency, Educator Certification and Standards Division v. Isaac Ohonba; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

5) Docket No. 6024-EC-0412, Texas Education Agency, Educator Certification and Standards Division v. Michael Anthony Williams; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

6) Docket No. 0955-EC-0612, Texas Education Agency, Educator Certification and Standards Division v. Juan Carlos Cuellar; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

7) Docket No. 0957-EC-0612, Texas Education Agency, Educator Certification and Standards Division v. Alyson Honeycutt; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension and successful completion of Alcohol Awareness Program

8) Docket No. 0959-EC-0712.EC, Texas Education Agency, Educator Certification and Standards Division v. Lisa Marie Milam; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension and successful completion of Anger Management Training

9) Docket No. 3164-EC-0612.EC, Texas Education Agency, Educator Certification and Standards Division v. David Wade Johnson; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension and successful completion of Alcohol Awareness Program

10) Docket No. 0958-EC-0712.EC, Texas Education Agency, Educator Certification and Standards Division v. Connie Noreen Sisk; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

11) Docket No. 0890-EC-0712.EC, Texas Education Agency, Educator Certification and Standards Division v. Patrick M. Jett; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

12) Docket No. 3161-EC-0512.EC, Texas Education Agency, Educator Certification and Standards Division v. Christopher J. Rodriguez; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

13) Docket No. 6030-EC-0512.EC, Texas Education Agency, Educator Certification and Standards Division v. Cornelius McCray; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension and successful completion of Substance Abuse Training

14) Docket No. 6029-EC-0512.EC, Texas Education Agency, Educator Certification and Standards Division v. John Eric Guerra; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

15) Docket No. 6033-EC-0612.EC, Texas Education Agency, Educator Certification and Standards Division v. Tony Bass; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

16) Docket No. 6027-EC-0512.EC, Texas Education Agency, Educator Certification and Standards Division v. James Flowers; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 6 years Suspension and successful completion of Substance Abuse Training

17) Docket No. 6023-EC-0412.EC, Texas Education Agency, Educator Certification and Standards Division v. Shawn Akintola; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

18) Docket No. 6031-EC-0612.EC, Texas Education Agency, Educator Certification and Standards Division v. Adam Fox; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

19) Docket No. 4132-EC-0712, Texas Education Agency, Educator Certification and Standards Division v. Gabriela Mendoza; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

20) Docket No. 3166-EC-0712, Texas Education Agency, Educator Certification and Standards Division v. Amanda R. Porter; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension and successful completion of Substance Abuse Training

21) Docket No. 4131-EC-0712, Texas Education Agency, Educator Certification and Standards Division v. Ruby Nell Porter; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

Ib. No Show Defaults

22) Docket No. 701-12-3273.EC, Texas Education Agency, Educator Certification and Standards Division v. Audrey Benton; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

II. Proposals for Decision

None

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.

8. 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

9. Review of 19 TAC Chapter 241, Principal Certificate

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 241, Principal Certificate. The rules being reviewed provide requirements relating to the principal certificate.

10. Review of 19 TAC Chapter 242, Superintendent Certificate

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 242, Superintendent Certificate. The rules being reviewed provide requirements relating to the superintendent certificate.

11. Discussion of Educator Preparation Program Accountability, Sanctions, and Technical Assistance

At the request of a board member, this item presents for discussion the options currently available to the State Board for Educator Certification (SBEC) when approved educator preparation programs (EPPs) fail to comply, all or in part, with SBEC rules.

INFORMATION ONLY

12. Board Operating Policies and Procedures (BOPP)

13. 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

14. Requests from Board Members for Future Board Items

15. Adjournment 

     

   

 

 

           

 

           

 


 

 

 

 

             

         

 

             

 

 

 

                        

          

            

 


     

     

    

      

          

                            

            

Page last modified on 9/26/2012 09:52:45 AM.