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August 1, 2014 SBEC Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION 

DISCUSSION AND ACTION SESSION AGENDA

August 1, 2014 at 9:00 a.m.

1701 N. Congress Ave. Room 1-104

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 April 4, 2014 Board Workshop Minutes (PDF, 151KB)

5. Approval of May 2, 2014 Board Meeting Minute (PDF, 235KB) 

DISCUSSION AND ACTION

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

The board will consider whether to revise BOPP procedures regarding election dates and terms of service.

7. Election of Board Vice-Chairperson

As permitted  by the Texas Education Code and mandated by the Board’s Operating Policies and Procedures (BOPP), the Board will elect one of its members to serve as Vice-Chairperson according to the terms of the BOPP.

8. Approval of 2015 Board Meeting Dates

According to the Texas Education Code, §21.038, the State Board for Educator Certification (SBEC) shall meet at least once in each quarter of the calendar year.  The SBEC may meet at other times at the call of the presiding officer or as provided by the rules of the board.  The purpose of this item is to set the regular and special SBEC meeting dates for 2015.

9. 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. 5071-EC-0114, Texas Education Agency, Educator Leadership and Quality Division v. Amadeo Alaniz, III; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 2 year suspension

2) Docket No. 8121-EC-0314, Texas Education Agency, Educator Leadership and Quality Division v. Jean Ann Hill; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

3) Docket No. 8119-EC-0314, Texas Education Agency, Educator Leadership and Quality Division v. Curtis Heath; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 2 year suspension

4) Docket No. 4179-EC-0314, Texas Education Agency, Educator Leadership and Quality Division v. Sydney Clayman; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 2 year suspension

5) Docket No. 3210-EC-0214, Texas Education Agency, Educator Leadership and Quality Division v. Kelly Reed; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

6) Docket No. 3212-EC-0214, Texas Education Agency, Educator Leadership and Quality Division v. Homero Gutierrez, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

7) Docket No. 8117-EC-0314, Texas Education Agency, Educator Leadership and Quality Division v. Bonnie L. Ray; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension

8) Docket No. 4182-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Sarah Elizabeth Wright; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension

9) Docket No. 9108-EC-0314, Texas Education Agency, Educator Leadership and Quality Division v. Julie Whitchurch; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

10) Docket No. 4176-EC-0314, Texas Education Agency, Educator Leadership and Quality Division v. Allison Ann Gifford; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension

11) Docket No. 5077-EC-0314, Texas Education Agency, Educator Leadership and Quality Division v. Mary Ann Rincones; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

12) Docket No. 5072-EC-0214, Texas Education Agency, Educator Leadership and Quality Division v. Cynthia Trevino; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 3 year suspension

13) Docket No. 4183-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. James R. Garrison; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension

14) Docket No. 9107-EC-0314, Texas Education Agency, Educator Leadership and Quality Division v. Crystal Dawn Logsdon; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

15) Docket No. 4184-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Derek Adams; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension

16) Docket No. 5079-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Ursula M. Medlock; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

17) Docket No. 5078-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Maria Balderas Villanueva a/k/a Maria F. Balderas; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

18) Docket No. 5073-EC-0314, Texas Education Agency, Educator Leadership and Quality Division v. Jamica Williams a/k/a Jamica Renee Townsend; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

19) Docket No. 3215-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Corey Pence; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

20) Docket No. 3216-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Rebecca H. Flores; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

21) Docket No. 5082-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Julie Ann Wilcox; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

22) Docket No. 5081-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Lisa K. Duke; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

23) Docket No. 8124-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Trenton Lee Kendrick; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year suspension

24) Docket No. 8123-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Brenda Kay O’Donnell; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

25) Docket No. 9111-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Stephen J. Mallard; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

26) Docket No. 9103-EC-0214, Texas Education Agency, Educator Leadership and Quality Division v. Randon Archibeque; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

27) Docket No. 7004-EC-0414, Texas Education Agency, Educator Leadership and Quality Division v. Tyrell Braud; Action to be taken:  Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

II. Proposals for Decision

28) Docket No. 701-13-5663.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jerry Lynn Belote; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation: Revocation

Staff Recommendation: Revocation     

III. Motion for Rehearing

None

IV. Appeals
1) 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.

2) State Board for Educator Certification v. Erasmo Montalvo; Cause No. 03-13-00370-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.

3) State Board for Educator Certification v. Erasmo Montalvo; Case No. 13-0537, In the Supreme Court, Austin, Texas.

4) 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.

5) Don Madden v. State Board for Educator Certification; Cause No.14-0532, In the Supreme Court of 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.


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

LeTourneau University (Longview, Texas) seeks approval to offer the School Counselor class of certification and Texas A&M University - Central Texas (Killeen, Texas) seeks approval to offer the School Counselor, Reading Specialist, and Superintendent classes of certification. TEA Program Specialists reviewed the proposals and found that they complied with provisions of 19 Texas Administrative Code (TAC) Chapter 227, Provisions for Educator Preparation Candidates, Chapter 228, Requirements for Educator Preparation Programs, Chapter 230, Professional Educator Preparation and Certification, Chapter 239, Student Services Certificates, Chapter 241, Principal Certificate, and Chapter 242, Superintendent Certificate.

11. Consideration of and Opportunity to Approve a New Educator Preparation Program

Relay Graduate School of Education (Houston, TX) seeks approval to offer an alternative educator preparation program.

12. Consideration of and Opportunity to Approve New Members of the Educator Preparation Advisory Committee

This item presents the State Board for Educator Certification (SBEC) the opportunity to approve the new Educator Preparation Advisory Committee members.

13. Consideration of and Opportunity to Approve Passing Standards on New Texas Examinations of Educator Standards (TExES)

This item provides the State Board for Educator Certification (SBEC) the opportunity to review and approve passing standards for four new Texas Examinations of Educator Standards (TExES): Pedagogy and Professional Responsibilities for Trade and Industrial Education 6-12, Mathematics/Physical Science/Engineering 6-12, Physics/Mathematics 7-12, and Journalism 7-12. These passing standards will allow test results to be calculated and reported to candidates taking these examinations during the 2014-2015 administration year and subsequent administrations. Candidates in preparation programs need to demonstrate content mastery in particular subject areas in order to qualify for their certificates. This item requests consideration for the SBEC to review and approve a new passing standard for the examinations as recommended by the standard-setting committees of educators.

14. Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification, and §249.16, Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53 (PDF, 77KB) 

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 B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification, and §249.16, Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53. The proposed amendment to 19 TAC §249.15 would conform this section to the proposed amendments approved by the SBEC to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs. The proposed amendment to 19 TAC §249.16 would clarify that multiple statutory provisions provide the basis for certification actions based on criminal history.

15. Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates (PDF, 84KB) 

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §§233.1, General Authority; 233.2, Generalist; 233.6, Bilingual Education; 233.7, English as a Second Language; and 233.13, Career and Technical Education (Certificates not requiring experience and preparation in a skill area). The proposed amendment to 19 TAC §233.2 would add new certificates for Core Subjects: Early Childhood-Grade 6 and Core Subjects: Grades 4-8 to be issued no earlier than January 1, 2015. The proposed amendments to 19 TAC §§233.2, 233.6, and 233.7 would add deadlines for completion and submission requirements for the Generalist certificates. The proposed amendment to 19 TAC §233.13 would clarify deadlines for completion and submission requirements for the Agricultural Science and Technology: Grades 6-12 and Business Education: Grades 6-12 certificates. The proposed amendments to 19 TAC §233.1 and §233.13 would update administrative rule references.

16. Proposed Amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments, and Subchapter C, Grades 6-8 Assignments (PDF, 174KB)


This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments, and Subchapter C, Grades 6-8 Assignments. The proposed amendments to 19 TAC Chapter 231, Subchapters B and C, would add the new Core Subjects: Early Childhood-Grade 6 and Core Subjects: Grades 4-8 certificates to every assignment that currently includes the Generalist: Early Childhood-Grade 6 and/or Generalist: Grades 4-8 certificates as an appropriate credential for placement in a particular teaching assignment.

17. Adoption of Proposed Amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines (PDF, 62KB)


This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, an amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines. The proposed amendment would clarify that under the SBEC decision-making guidelines, actions that constitute "engaged in" and "solicitation" are distinct grounds for permanent revocation or denial of certification. The proposed amendment would also clarify that fact findings from final orders from other state jurisdictions may also provide the basis for initiating disciplinary proceedings in Texas.

18. Adoption of Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates (PDF, 98KB)

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 227, Provisions for Educator Preparation Candidates. The proposed revisions would be necessary as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). The proposed revisions would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state. An additional change is recommended to the proposed amendment to 19 TAC §227.5.

19. Adoption of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF, 167KB) 

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 228, Requirements for Educator Preparation Programs. The proposed amendments would be necessary as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs), and Senate Bill (SB) 460, 83rd Texas Legislature, Regular Session, 2013. The proposed amendments would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state. Additional changes are recommended to the proposed amendments to 19 TAC §§228.2, 228.20, 228.30, and 228.35 since published as proposed.

20. Adoption of Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §§229.2-229.8, and Withdrawal of Proposed Amendment to 19 TAC §229.9, Fees for Educator Preparation Program Approval and Accountability (PDF, 390KB)

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 229, Accountability System for Educator Preparation Programs, §§229.2-229.8. House Bill 2012, 83rd Texas Legislature, Regular Session, 2013, requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). Due to its related nature, a review of Chapter 229 was also conducted and, as a result, proposed amendments to Chapter 229 are necessary. The proposed amendments would update and make uniform definitions, modify the standards used for enforcing the reporting of data, clarify the standards used for accountability, adjust the small group exception requirements, and establish a new process for challenging sanctions imposed on programs that fail the accountability system. Additional changes are recommended to the proposed amendments to 19 TAC §§229.2, 229.3, 229.4, 229.5, 229.7, and 229.8 since published as proposed.

This item also presents the withdrawal of the proposed amendment to 19 TAC §229.9, Fees for Educator Preparation Program Approval and Accountability, which was approved for filing as proposed in May 2014. The proposed withdrawal would enable TEA staff to conduct a more thorough review and obtain stakeholder input to address the Sunset Commission's recommendation to revise fees associated with EPPs.

21. Adoption of Proposed Amendment to 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes (PDF, 41KB)

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 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment to 19 TAC §250.20 would clarify references to the Texas Education Agency (TEA) and update the petition form to reflect the name of the office to which the form should be mailed.

22. Consideration of Petition for Adoption of Rule Change Concerning 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, §239.60, Requirements for the Issuance of the Standard School Librarian Certificate (PDF, 140KB)

This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a citizen petition on 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, §239.60, Requirements for the Issuance of the Standard School Librarian Certificate, filed pursuant to Texas Government Code, §2001.021. The petition requests an amendment to 19 TAC §239.60(4) that would allow the experience of teaching in a school setting for 15 hours a week or more, whether as an academic tutor or any other related experience to be considered comparable to the two creditable years of teaching experience as a classroom teacher. The SBEC must either deny the petition or direct the Texas Education Agency (TEA) staff to initiate rulemaking proceedings.

23. Discussion of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter B, Preliminary Evaluation of Certification Eligibility, §227.107, Fee for Request for Preliminary Criminal History Evaluation; Chapter 229, Accountability System for Educator Preparation Programs, §229.9, Fees for Educator Preparation Program Approval and Accountability; and Chapter 230, Professional Educator Preparation and Certification, Subchapter G, Certificate Issuance Procedures, §230.99, Fees for Certification Services, §230.101, Schedule of Fees for Certification Services, and §230.103, E-Pay Supplemental Fee

This item presents for discussion 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter B, Preliminary Evaluation of Certification Eligibility, §227.107, Fee for Request for Preliminary Criminal History Evaluation; Chapter 229, Accountability System for Educator Preparation Programs, §229.9, Fees for Educator Preparation Program Approval and Accountability; and Chapter 230, Professional Educator Preparation and Certification, Subchapter G, Certificate Issuance Procedures, §230.99, Fees for Certification Services, §230.101, Schedule of Fees for Certification Services, and §230.103, E-Pay Supplemental Fee. The Sunset Advisory Commission recommended a management action that fees in rule for educator certification and educator preparation programs be evaluated and adjusted to cover costs and ensure equity.

24. Discussion of Educator Preparation Program Complaints Procedures

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss procedures for filing a complaint against an educator preparation program (EPP). The intent is to establish a complaint procedure, impose specific responsibilities on an EPP, and establish the consequences if an EPP is found to be in violation of SBEC rules codified in the Texas Administrative Code. The Sunset Advisory Commission recommended a management action that procedures for EPP complaints outline all phases of the EPP complaint process, as well as track and analyze complaint data.

25. Update on Sunset Report

A. TEA staff reports and Board member letters on SBEC progress in addressing issues raised by the Sunset Commission or its staff for the 2013 legislature
B. Current and upcoming Sunset-related activity

26. Requests from Board Members for Future Agenda Items

27. Requests Received from the Board Since Last Meeting

28. 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 10/14/2014 01:40:19 PM.