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May 3, 2013 Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION
BOARD MEETING AGENDA
May 3, 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 action, including emergency action, on the following agenda items:

1. Call to Order

2. Associate Commissioner’s Comments Regarding the SBEC Agenda

3. Public Comment 

The Board will allocate up to thirty (30) minutes at the beginning of each regularly scheduled meeting of the Board for public comment on any SBEC-related matter.

4. Approval of February 8, 2013 Board Meeting Minutes 

5. Approval of April 5, 2013 Work Session Minutes

6. Default Cases

A. No Answer Defaults
1) Docket No. 6040-EC-1012, Texas Education Agency, Educator Certification and Standards Division v. Albert Marquez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation

2) Docket No. 0970-EC-1212, Texas Education Agency, Educator Certification and Standards Division v. Carolyn Marie Wilson; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

3) Docket No. 0968-EC-1112, Texas Education Agency, Educator Certification and Standards Division v. Marcie Zacharia Runte; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension and successful completion of Alcohol Awareness Program

4) Docket No. 0967-EC-1112, Texas Education Agency, Educator Certification and Standards Division v. Barret E. Neal; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

5) Docket No. 0966-EC-1112, Texas Education Agency, Educator Certification and Standards Division v. Tatiana Puentes; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

6) Docket No. 0732-EC-1212, Texas Education Agency, Educator Certification and Standards Division v. Gary Todd Cole; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

7) Docket No. 0733-EC-1212, Texas Education Agency, Educator Certification and Standards Division v. David Paul Knox; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

8) Docket No. 0729-EC-1112, Texas Education Agency, Educator Certification and Standards Division v. Ana Maria Ackerman; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

9) Docket No. 3175-EC-1112, Texas Education Agency, Educator Certification and Standards Division v. Donald Glenn Fossick; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

10) Docket No. 3177-EC-1112, Texas Education Agency, Educator Certification and Standards Division v. Antonio Amador; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

11) Docket No. 3178-EC-1112, Texas Education Agency, Educator Certification and Standards Division v. Randy W. Creager; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

12) Docket No. 0731-EC-1212, Texas Education Agency, Educator Certification and Standards Division v. Rosemaria Barnett; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

13) Docket No. 0734-EC-1212, Texas Education Agency, Educator Certification and Standards Division v. Amy Ann Subia; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

14) Docket No. 4141-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Monica Raasch Jones; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

15) Docket No. 4139-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Coy Laury; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

16) Docket No. 4140-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Holly Williford; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

17) Docket No. 4138-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Natalie Nicol Edwards; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

18) Docket No. 0972-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Michael Rushing; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 4 years Suspension

19) Docket No. 0977-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Jenny Pineda; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

20) Docket No. 0976-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Patricia J. Coone; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

21) Docket No. 0973-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Kevin C. Stolte; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

22) Docket No. 0739-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Ozmel G. Tovias; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

23) Docket No. 0736-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Jeanea Hill-Butler; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

24) Docket No. 0741-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Amanda Kaye Guidry; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

25) Docket No. 0738-EC-0113, Texas Education Agency, Educator Certification and Standards Division v. Siu Fung Yeung; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

26) Docket No. 3180-EC-1212, Texas Education Agency, Educator Certification and Standards Division v. Criselda Martinez; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

B. No Show Defaults

27) Docket No. 701-12-6916.EC, Texas Education Agency, Educator Certification and Standards Division v. Jerry R. Young, Sr.; Action to be taken: Consideration of Issuance of Default Judgment.

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

7. Proposed Revisions to Board Mission Statement, Core Principles and Goals

This item provides the Board the opportunity to approve the changes to the Board Mission Statement, Core Principles and Goals discussed at the April 5, 2013 SBEC Work Session.

8. Proposed Revisions to Board Operating Policies and Procedures (BOPP)

The Board will have the opportunity to amend the Board Operating Policies and Procedures (BOPP). After discussion at the April 5, 2013 workshop, the Board consensus was to consider changes in the BOPP procedures relating to oral argument on contested educator discipline cases.

9. Proposed Amendments to Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, §249.3, Definitions, and §249.15, Disciplinary Action by State Board for Educator Certification   

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, Subchapter A, General Provisions, §249.3, Definitions, and Subchapter B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification. The proposed amendments to 19 TAC Chapter 249 would revise the definition of "serious state assessment violation" and would replace a cross reference to a State Board of Education rule that has been repealed. This item also proposes amendments to 19 TAC §249.13, Cancellation of an Erroneously Issued Certificate; §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition; §249.26, Petition; and §249.30, Notice of Hearing, that would update a cross reference to a rule relating to certificate issuance procedures.

10. Adoption of 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 adopt, subject to State Board of Education (SBOE) review, the 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. 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. Staff recommends additional changes to the proposed rules as published.

NOTE:  Item 10 - Substitute Rule Text for Proposed New 19 TAC §231.623.Special Education Counseling Services; Educational Diagnostician; Speech Therapy Services; and Vocational Adjustment Coordinator.

11. Consideration of and Opportunity to Approve A New Class of Certificates       

    Region 5 Education Service Center, Principal Certificate

12. 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 12 of this agenda, were published in the Texas Register on August 7, 2009. 

A. Proposals for Decision

28) Docket No. 701-12-6422.EC, Texas Education Agency, Educator Certification and Standards Division v. Michelle D. Silcox; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Inscribed Reprimand
Staff recommendation: 1 year Suspension

29) Docket No. 701-12-6232.EC, Texas Education Agency, Educator Certification and Standards Division v. Jeff Nine; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Inscribed Reprimand
Staff Recommendation: 2 years Suspension 

B. Motions for Rehearing - overruled by operation of law (information item)

30) Docket No. 701-12-5314.EC, Texas Education Agency, Educator Certification and Standards Division v. Carla A. Westbrook-Spaniel;

31) Docket No. 701-12-5757.EC, Texas Education Agency, Educator Certification and Standards Division v. Ray Edward Tamez; and

Docket No. 701-12-4836.EC, Texas Education Agency, Educator Certification and Standards Division v. Joel A. Williams, Jr.

C. Appeals

1) 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.
2) 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.
3) State Board for Educator Certification v. Erasmo Montalvo; Cause No. 03-12-00723-CV, 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 200th Judicial District Court of Travis County, Texas.

5) 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.

D. 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. 

13. 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.

14. Review of 19 TAC Chapter 239, Student Services 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 the review of 19 TAC Chapter 239, Student Services Certificates. The rules being reviewed provide requirements relating to the school counselor certificate, school librarian certificate, educational diagnostician certificate, reading specialist certificate, and master teacher certificate. 

15. Review of 19 TAC Chapter 244, Certificate of Completion of Training for Appraisers

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 244, Certificate of Completion of Training for Appraisers. The rules being reviewed provide requirements for ensuring the certification of appraisers performing appraisals of teachers, administrators, and counselors employed in Texas public schools. 

16. Review of 19 TAC Chapter 245, Certification of Educators from Other Countries 

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 245, Certification of Educators from Other Countries. The rules being reviewed provide requirements relating to the issuance of a Texas educator certificate based on certification from another country.

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.

19. Requests from Board Members for Future Board Items

20. Adjournment


The Board may meet in closed executive session regarding any item on the agenda, if authorized under the Texas Open Meetings Act, Texas Government Code §551.071 et.seq., including §551.071 to obtain legal advice from legal counsel. The Board may vote on one or more agenda items, in whole or in part, as part of one motion or board action.

Page last modified on 5/9/2014 04:56:11 PM.