February 8, 2013 Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
February 8, 2013 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. Associate 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 October 5, 2012 Board Meeting Minutes
5. Approval of November 13, 2012 Board Meeting Minutes
DISCUSSION AND ACTION
6. Adoption of 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 for SBEC approval the adoption of the review of 19 TAC Chapter 241, Principal Certificate. The rules being reviewed provide requirements relating to the principal certificate.
7. Adoption of 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 for SBEC approval the adoption of the review of 19 TAC Chapter 242, Superintendent Certificate. The rules being reviewed provide requirements relating to the superintendent certificate.
8. Proposed Repeal of 19 TAC Chapter 231, Assignment of Public School Personnel, and Proposed New 19 TAC Chapter 231, Requirements for Public School Personnel Assignments
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose the repeal of 19 TAC Chapter 231, Assignment of Public School Personnel, and propose new 19 TAC Chapter 231, Requirements for Public School Personnel Assignments. The proposed rule actions would be necessary as a result of the reorganization of the assignment chart codified in current 19 TAC Chapter 231. Proposed new 19 TAC Chapter 231 would update and clarify the assignments for public school personnel to enable school districts, teacher organizations, and human resource organizations to better understand the appropriate assignments of public school personnel.
9. Consideration of and Opportunity to Approve the 2011-2012 Accountability System for Educator Preparaton Programs (ASEP) Accreditation Statuses
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2011-2012 accountability and accreditation statuses for educator preparation programs. There is one educator preparation program recommended to receive an “Accredited-Probation” status. There are six educator preparation programs recommended to receive an “Accredited-Warned” status. There are 142 programs recommended to be rated as “Accredited” and 12 “Accredited-Not Rated”. In accordance with 19 TAC §229.4 (g)(6)(h), 19 programs are recommended to be required to submit action action plans due to low pass rates and/or small numbers in a demographic group.
10. Consideration of and Opportunity to Approve New Classes of Certificates
Arlington Baptist College, Principal
Texas A&M University - Central Texas, Principal
Texas Wesleyan University, Superintendent
11. Consideration of and Opportunity to Approve Educator Standards for New Certificates: Marketing: Grades 6-12 and Business and Finance: Grades 6-12
Removed from the agenda.
12. Application by an Approved Educator Preparation Program to ProvidePreparation at a New Location
This item provides the State Board for Educator Certification (SBEC) an opportunity to consider the application of an approved educator preparation program (EPP), Alternative Certification for Teachers NOW (ACT-NOW!), to relocate its primary office to the home of its Program Director.
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
Ia. No Answer Defaults
1) Docket No. 0702-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Scott Andrew Hamilton; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
2) Docket No. 0705-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Leanna Marie Hanchett; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
3) Docket No. 0706-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Tammy Reydene Manuel; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
4) Docket No. 0707-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Patsy Renee Ramos; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
5) Docket No. 0708-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Tina Leanne Neal; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
6) Docket No. 0709-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Beverly Ann Johnson; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years suspension and successful completion of current substance abuse training.
7) Docket No. 0712-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Gloria N. Brown; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
8) Docket No. 3167-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Earnest Smith, Jr.; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 5 years suspension
9) Docket No. 0961-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Cody D. Durden; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
10) Docket No. 0962-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Benjamin C. Childress; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
11) Docket No. 0702-EC-0912, Texas Education Agency, Educator Certification and Standards Division v. Jennifer Lynn Wells; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years suspension
12) Docket No. 3172-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Jesse Heredia; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
13) Docket No. 0724-EC-1012, Texas Education Agency, Educator Certification and Standards Division v. Antonio Rodriguez Longoria; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 2 years suspension
14) Docket No. 0719-EC-0912, Texas Education Agency, Educator Certification and Standards Division v. Alicia Morris; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension with successful completion of current substance abuse program.
15) Docket No. 0703-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Stacy Lynn Cloud; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 3 years suspension
16) Docket No. 0722-EC-0912, Texas Education Agency, Educator Certification and Standards Division v. Charles Ray Johnson; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
17) Docket No. 4135-EC-1012, Texas Education Agency, Educator Certification and Standards Division v. Nicole Toney; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
18) Docket No. 4136-EC-1012, Texas Education Agency, Educator Certification and Standards Division v. Elizabeth Montes; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
19) Docket No. 0723-EC-1012, Texas Education Agency, Educator Certification and Standards Division v. Blake Watkins; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
20) Docket No. 3173-EC-0812, Texas Education Agency, Educator Certification and Standards Division v. Jason Limas; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
21) Docket No. 0726-EC-1012, Texas Education Agency, Educator Certification and Standards Division v. Steven C. Gilpin, II; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year suspension
22) Docket No. 6039-EC-1012, Texas Education Agency, Educator Certification and Standards Division v. Harry Cross; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
Ib. No Show Defaults
23) Docket No. 701-12-6950.EC, 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 with proof of successful completion of community supervision.
24) Docket No. 701-12-6951.EC, Texas Education Agency, Educator Certification and Standards Division v. Lilimae A. Bravo; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
II. Proposals for Decision
25) Docket No. 701-12-3377.EC, Texas Education Agency, Educator Certification and Standards Division v. Lou Vana Hughes; Action to be taken: Consideration of Issuance of Final Order.
ALJ Recommendation: 6 month suspension and completion of Region 4’s Texas Behavior Support Initiative Training Program.
Staff recommendation: Same
26) Docket No. 701-12-5757.EC, Texas Education Agency, Educator Certification and Standards Division v. Ray Edward Tamez; Action to be taken: Consideration of Issuance of Final Order.
ALJ Recommendation: 1 year suspension, psychiatric evaluation by TEA approved psychiatrist, and psychiatric report certifying compliance with treatment plan, if any, and certifying that Respondent is stable and suitable to return to the classroom.
Staff recommendation: Same
27) Docket No. 701-12-5314.EC, Texas Education Agency, Educator Certification and Standards Division v. Carla A. Westbrook-Spaniel; Action to be taken: Consideration of Issuance of Final Order.
ALJ Recommendation: 3 years suspension, psychiatric evaluation by TEA approved psychiatrist, compliance with treatment plan, if any, submission of quarterly reports that she is in compliance with her treatment plan, if any, and verification by the psychiatrist that she is stable and suitable to teach the students of Texas.
Staff recommendation: Same
28) Docket No. 701-12-4836.EC, Texas Education Agency, Educator Certification and Standards Division v. Joel A. Williams, Jr.; Action to be taken: Consideration of Issuance of Final Order.
ALJ Recommendation: 1 year suspension
Staff Recommendation: Same
III. Motions for Rehearing
None
IV. Appeals
1) Andra Barton v. State Board for Educator Certification; Cause No. 12-0901, In the Supreme Court of Texas at Austin, 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) Robert Lange v. State Board for Educator Certification; Cause No. D-1-GN-11-001843, In the Court of Appeals for the Third District of Travis County, Texas.
4) Erasmo Montalvo v. State Board for Educator Certification; Cause No. D-1-GN-12-002991, In the Court of Appeals for the Third District of Travis County, Texas.
5) Erasmo Montalvo v. State Board for Educator Certification; Cause No. D-1-GN-12-003243, 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. 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.
INFORMATION ONLY
15. Board Operating Policies and Procedures (BOPP)
16. 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
17. Requests from Board Members for Future Board Items
17a.Board Duties and Responsibilites During the Legislative Session
This item provides the Board with the opportunity to receive a briefing on their duties and responsibilities as board members, particularly in relation to the legislative session.
18. 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 1/31/2013.