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February 14, 2014 SBEC Agenda

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 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 agenda or non-agenda item concerning SBEC business.


CONSENT AGENDA

4. Approval of October 25, 2013 Board Meeting Minutes(PDF,234KB)


DISCUSSION AND ACTION

5. Litigation Settlement Options in Pending or Contemplated Litigation, Disciplinary Cases, and Pending Litigation (10:00 a.m.)

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.

A. Contested Cases

I. No Answer Defaults

1) Docket No. 0784-EC-0813, Texas Education Agency, Educator Leadership and Quality Division v. Latoya Renee Smith; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension

2) Docket No. 8106-EC-0813, Texas Education Agency, Educator Leadership and Quality Division v. Kamieo Gissler; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 4 years suspension and proof of successful completion of substance abuse treatment program
3) Docket No. 0776-EC-0813, Texas Education Agency, Educator Leadership and Quality Division v. Paul Dudley Rogers, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

4) Docket No. 0769-EC-0713, Texas Education Agency, Educator Leadership and Quality Division v. Morris Dean Stephens; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years suspension and proof of successful completion of substance abuse treatment program

5) Docket No. 7002-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Damian Esqueda; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years suspension and proof of successful completion of substance abuse treatment program

6) Docket No. 7001-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Yvonne Casas; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

7) Docket No. 0994-EC-1013, Texas Education Agency, Educator Leadership and Quality Division v. Jana Lynne Justice; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years suspension and proof of successful completion of substance abuse treatment program

8) Docket No. 0995-EC-1013, Texas Education Agency, Educator Leadership and Quality Division v. Stephen Siebenaler; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years suspension and proof of successful completion of substance abuse treatment program

9) Docket No. 8110-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Kimberly L. Garcia; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension

10) Docket No. 0781-EC-0813, Texas Education Agency, Educator Leadership and Quality Division v. Robert A. Phillips; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

11) Docket No. 8109-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Alisha Gene Allen; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years suspension and proof of successful completion of substance abuse treatment program

12) Docket No. 4156-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Kevin Ross Dumith; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

13) Docket No. 4160-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Roderick Lynne Love; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

14) Docket No. 4159-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Cesar A. Valadez, Sr.; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

15) Docket No. 4158-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Emilie L. O’Rear; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years suspension and proof of successful completion of a property crime rehabilitation program, substance abuse treatment program, and current (within 30 days) urinalysis testing

16) Docket No. 4157-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Darolyn E. Ware; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

17) Docket No. 6058-EC-1013, Texas Education Agency, Educator Leadership and Quality Division v. Kimberly D. Harris a/k/a Kimberly D. Jackson; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension with proof of restitution of $865.20 to Dallas Independent School District

18) Docket No. 3201-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Emily Amber Kasa; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years suspension and proof of successful completion of substance abuse treatment program

19) Docket No. 3203-EC-0913, Texas Education Agency, Educator Leadership and Quality Division v. Natasha Lynn Herman; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 4 years suspension and proof of successful completion of substance abuse treatment program

20) Docket No. 3204-EC-1013, Texas Education Agency, Educator Leadership and Quality Division v. Devin G. Dennis; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

21) Docket No. 0763-EC-0613, Texas Education Agency, Educator Leadership and Quality Division v. Adrian Vega; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension

22) Docket No. 4165-EC-1113, Texas Education Agency, Educator Leadership and Quality Division v. Ronald Cardona; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension

23) Docket No. 8113-EC-1013, Texas Education Agency, Educator Leadership and Quality Division v. Traci L. Stewart-Jones; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension
II. Proposals for Decision

24) Docket No. 701-13-2014.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jose E. Castaneda; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Revocation

Staff Recommendation: Revocation     

25) Docket No. 701-13-5472.EC, Texas Education Agency, Educator Leadership and Quality Division v. Deana M. Robertson; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Suspended for the time remaining on her three-year felony community supervision, which began on September 28, 2012, until September 28, 2015

Staff Recommendation: Suspended until released from felony community supervision, but not before September 28, 2015     

26) Docket No. 701-12-3416.EC, Texas Education Agency, Educator Leadership and Quality Division v. Chante A. Randle; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Revocation

Staff Recommendation: Revocation

27) Docket No. 701-13-0179.EC, Texas Education Agency, Educator Leadership and Quality Division v. Elizabeth Kiel; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Revocation

Staff Recommendation: Revocation

28) Docket No. 701-13-4031.EC, Martin Wade Ezell v. Texas Education Agency, Educator Leadership and Quality Division; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Grant Teaching Certificate

Staff Recommendation: Permanent Denial of Teaching Certificate

29) Docket No. 701-13-3833, Texas Education Agency, Educator Leadership and Quality Division v. Myra Yvette Martinez; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Permanent Revocation

Staff Recommendation: Permanent Revocation

30) Docket No. 701-14-0022, Texas Education Agency, Educator Leadership and Quality Division v. Abelardo O. Guillen; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: 6 years suspension, with the term of the suspension running concurrently with the period of community supervision

Staff Recommendation: 6 years suspension, with the term of the suspension running concurrently with the period of community supervision, beginning November 16, 2012 and ending November 15, 2018, or until such time as Respondent provides written proof of successful release from community supervision

31) Docket No. 701-13-5662.EC, Texas Education Agency, Educator Leadership and Quality Division v. Camber Cooper; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Reprimand and/or 2 years probated suspension

Staff Recommendation: 2 years suspension

III. Rehearings

32) Docket No. 701-11-0607.EC, Texas Education Agency, Educator Leadership and Quality Division v. Mable Caleb and Jackie Anderson; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Reprimand and/or conditions or restrictions on her certificate that would facilitate Ms. Anderson’s professional development

Staff recommendation: Issue Amended Final Order, that Ms. Anderson must submit proof of completion of thirty (30) hours of continuing education in special education by August 31, 2014.  This condition to appear on her certificate, pursuant to 19 TAC §249.41(d)

33) Docket No. 701-13-3491.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jennifer Melissa McMannis; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: 1 year suspension

Staff Recommendation: 1 year suspension

IV. Appeals
1) Don Madden v. State Board for Educator Certification; Cause No. 03-11-00584-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
2) State Board for Educator Certification v. Robert D. Lange; Cause No. 03-12-00453-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
3) 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.
4) State Board for Educator Certification v. Erasmo Montalvo; Cause No. 03-13-00370-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
5) Barry Ryan Davis v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-12-003413, In the 201st 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.
None.

6. Discuss New TExES Generalist EC-6 and Generalist 4-8 Examinations and Approve Overlap Policy

This item provides the State Board for Educator Certification (SBEC) a brief update on new certification examinations for Generalist EC-6 and Generalist 4-8, and the opportunity to approve a two-year overlap policy related to the transition of old to new certification tests and issuance of related certificates.

7. Proposed New 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.21, Transitional Provisions (PDF, 38KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose new 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.21, Transitional Provisions. The proposed new rule would clarify the academic years for which the current passing standard on certification examinations applies and define when individual certification fields are subject to revocation. The proposed new rule would also provide a backstop for ongoing discussion of a rewrite of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, being conducted in conjunction with the review of 19 TAC Chapter 227 and Chapter 228 required by House Bill 2012, 83rd Texas Legislature, Regular Session, 2013.

8. Adoption of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter E, Grades 9-12 Assignments; Subchapter F, Special Education-Related Services Personnel Assignments; and Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments (PDF, 49KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter E, Grades 9-12 Assignments, Division 12, Arts, Audio Video Technology, and Communications, Grades 9-12 Assignments, §231.333, Principles of Arts, Audio Video Technology, and Communications, Grades 9-12; Division 19, Information Technology, Grades 9-12 Assignments, §231.481, Information Technology, Grades 9-12; Subchapter F, Special Education-Related Services Personnel Assignments, §231.623, Special Education Counseling Services; Educational Diagnostician; Speech Therapy Services; and Vocational Adjustment Coordinator; and Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments, §231.643, Administrators and Other Instructional and Professional Support Personnel. The proposed amendments to 19 TAC §231.333 and 19 TAC §231.481 would be necessary as a result of House Bill (HB) 3573, 83rd Texas Legislature, Regular Session, 2013, which amended the Texas Education Code (TEC), §21.0486, to require that a person who holds a technology applications certification be authorized to teach principles of arts, audio video technology, and communications and principles of information technology. The proposed amendments to 19 TAC §231.623 and 19 TAC §231.643 would clarify that the no-longer-issued Vocational Counselor and Special Education certificates may be used for the assignments of Special Education Counseling Services and School Counselor. No changes are recommended since published as proposed.

In addition, this item presents proposed new 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments, §231.645, Professional Support Personnel Requiring Other Professional License. Proposed new 19 TAC §231.645 would clarify the requirements of the TEC, §21.003(b), regarding assignments that require a professional license rather than educator certification, including licensed professional counselor as a result of Senate Bill (SB) 715, 83rd Texas Legislature, Regular Session, 2013, and marriage and family therapist, with an exception, as a result of HB 1386, 82nd Texas Legislature, Regular Session, 2011. No changes are recommended since published as proposed.


9. Adoption of Proposed Amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11, Number and Content of Required Continuing Professional Education Hours (PDF, 40KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, a proposed amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11, Number and Content of Required Continuing Professional Education Hours. The proposed amendment would be necessary as a result of House Bill (HB) 642, 83rd Texas Legislature, Regular Session, 2013, and HB 3793, 83rd Texas Legislature, Regular Session, 2013, both of which amended the Texas Education Code (TEC), §21.054. HB 642 requires classroom teachers, principals, and school counselors to earn continuing professional education (CPE) units in specific areas related to collecting and analyzing information, recognizing early warning indicators for dropouts, and educating diverse student populations. HB 3793 allows educators to fulfill up to 12 clock-hours of CPE by participating in a mental health first aid training program. The proposed amendment to 19 TAC §232.11 would establish CPE requirements that conform to HB 642 and HB 3793. No changes are recommended since published as proposed.

10. Adoption of Proposed Amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.16, Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53 (PDF, 39KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, a proposed amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.16, Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53. The proposed amendment would be necessary as a result of House Bill (HB) 798, 83rd Texas Legislature, Regular Session, 2013, which amended the Texas Occupations Code (TOC), §53.021, to define the types of misdemeanor convictions that may be pursued under the TOC. The proposed amendment to 19 TAC §249.16 would align the requirements to conform with HB 798. No changes are recommended since published as proposed.

11. Review of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates (PDF, 58KB)

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. The SBEC last adopted the review of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, in 2012. However, House Bill (HB) 2012, Section 9, 83rd Texas Legislature, Regular Session, 2013, requires a review of Chapter 227. The SBEC will review, discuss, and propose changes in the coming months for Chapter 227 based on the work of stakeholder meetings currently underway. Since Chapter 227 is likely to be rewritten, it is logical to reset the four-year rule review cycle of this chapter to begin February 2014. Therefore, this item presents for SBEC approval the review of Chapter 227, which provides requirements for admission to educator preparation programs and preliminary evaluation of certification eligibility.

12. Review of 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF, 120KB)

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. The SBEC last adopted the review of 19 TAC Chapter 228, Requirements for Educator Preparation Programs, in 2012. However, House Bill (HB) 2012, Section 9, 83rd Texas Legislature, Regular Session, 2013, requires a review of Chapter 228. The SBEC will review, discuss, and propose changes in the coming months for Chapter 228 based on the work of stakeholder meetings currently underway. Since Chapter 228 is likely to be rewritten, it is logical to reset the four-year rule review cycle of this chapter to begin February 2014. Therefore, this item presents for SBEC approval the review of 19 TAC Chapter 228, which provides requirements relating to educator preparation programs.

13. Review of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs (PDF, 303KB)

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. The SBEC adopted the review of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, in 2012. However, House Bill (HB) 2012, Section 9, 83rd Texas Legislature, Regular Session, 2013, requires a review of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, and Chapter 228, Requirements for Educator Preparation Programs. Due to its related nature, a review of Chapter 229 will be done in conjunction with the review required by HB 2012. The SBEC will review, discuss, and propose changes in the coming months for Chapter 229 based on the work of stakeholder meetings currently underway. Since Chapter 229 is likely to be rewritten, it is logical to reset the four-year rule review cycle of this chapter to begin February 2014. Therefore, this item presents for SBEC approval the review of Chapter 229, which provides requirements for the accountability system for educator preparation programs (EPPs), including the assignment of an EPP accreditation status, and allows the SBEC to intervene in cases of low performance.

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.

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

The Board will consider whether to adopt BOPP procedures regarding motions for rehearing and preview its public comment registration form in an ADA compliant form.

16. Review of 19 TAC Chapter 247, Educators’ Code of Ethics (PDF, 48KB)

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 247, Educators' Code of Ethics. The rules being reviewed provide for an educators' code of ethics that sets ethical standards for educators in Texas, which may be enforced by the SBEC in educator certification disciplinary proceedings.

17. Review of 19 TAC Chapter 250, Administration (PDF, 45KB)

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 250, Administration. The rules being reviewed establish procedures for SBEC purchasing and the rule petition process required by statute.

18. Requests from Board Members for Future Agenda Items

19. Requests Received from the Board Since Last Meeting

None

20. Adjournment

The Board may go into closed session regarding any item on the agenda to the extent it is authorized to do so pursuant to the Texas Open Meetings Act, Texas Government Code, Chapter 551.

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