1. Home
  2. About TEA
  3. Leadership
  4. State Board for Educator Certification
  5. State Board for Educator Certification Meetings

December 6, 2019 SBEC Meeting Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
DECEMBER 6, 2019 AT 8:30 AM
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 any of the following agenda items:

  1. Call to Order
  1. Associate Commissioner’s Comments Regarding the SBEC Agenda
  1. Public Comment

The Board shall allocate up to thirty (30) minutes at the beginning of each regularly scheduled meeting of the full Board for public comment on non-agenda and consent agenda items. In accordance with SBEC Board Operating Policies and Procedures, late registration for providing oral or written comment will be accepted up to 30 minutes prior to the beginning of the Board meeting.

CONSENT AGENDA

  1. Consider and Take Appropriate Action on Request to Approve October 4, 2019 Board Meeting Minutes

DISCUSSION AND ACTION

  1. Update on Divisions of Educator Leadership and Quality Department

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss updates provided by the Divisions of Educator Certification; Educator Standards, Testing, and Preparation; Educator Data; Educator Investigations; and Legal Services for the Fiscal Year (FY) 2018–2019.

  1. Consider and Take Appropriate Action on Adoption of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines  

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 Texas Administrative Code (TAC) Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines. The proposed amendments would implement House Bill (HB) 3, Senate Bills (SBs) 1230, 1476, and 37, 86th Texas Legislature, 2019, by reflecting new reporting requirements for superintendents, principals, and directors of public schools and private school administrative officers; adding individuals listed on the registry of persons ineligible to work in public schools to the people that must be fired or refused employment by a certified educator; and removing the reference to student loan default as a ground for discipline by the SBEC. The proposed amendments would allow the SBEC to deny the application for certification of any person who had abandoned a Texas Education Code (TEC), Chapter 21, contract within the preceding 12 months. The proposed amendments would also make technical changes to improve the readability of provisions and to align citations. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

  1. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 230, Professional Educator Preparation and Certification 

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 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification. The rules under review set out SBEC's authority, and the procedures specify the requirements for issuance of educator certificates and permits, the testing requirements and associated fees, and the types and classes of certificates issued. These requirements ensure that educators are qualified and professionally prepared to instruct the schoolchildren of Texas.

  1. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 232, General Certification Provisions

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 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions. The rules being reviewed provide requirements relating to certificate renewal and continuing professional education and national criminal history record information review of active certificate holders.

  1. Consider and Take Appropriate Action on Proposed 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 for SBEC approval the review of 19 Texas Administrative Code (TAC) Chapter 239, Student Services Certificates. The rules under review set out SBEC’s authority and the procedures specify the requirements relating to the school counselor certificate, school librarian certificate, educational diagnostician certificate, and reading specialist certificate. These requirements ensure educators are qualified and professionally prepared to instruct the schoolchildren of Texas.

  1. Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, Subchapter E, Educational Aide Certificate, and Subchapter G, Certificate Issuance Procedures

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, Subchapter E, Educational Aide Certificate, and Subchapter G, Certificate Issuance Procedures. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 3349, 85th Texas Legislature, Regular Session, 2017, and HB 3, 86th Texas Legislature, 2019. The proposed amendment to Subchapter C, Assessment of Educators, would reduce the amount of time for computer- and paper-based examination retakes from 45 to 30 days and would update the figure specifying the required test for issuance of the standard certification, including the removal of the master teacher certification class and the Principal: Early Childhood–Grade 12 certificate and the addition of Early Childhood–Grade 3 (EC–3), Science of Teaching Reading, and Trade and Industrial Workforce Training. The proposed amendment to Subchapter D, Types and Classes of Certificates Issued, would require the English as a Second Language Supplemental assessment for issuance of an intern certificate obtained through the intensive pre-service route. The proposed amendment to Subchapter E, Educational Aide Certificate, would allow the Educational Aide I certificate to be issued to high school students who have completed certain career and technical education courses. Proposed changes to Subchapter G, Certificate Issuance Procedures, would clarify that requests for certificate corrections be submitted to the Texas Education Agency (TEA) within six weeks from the original date of issuance. The proposed changes would also implement the requirement specified in statute that certified classroom teachers must complete training prior to receiving test approval for the Early Childhood: Prekindergarten–Grade 3 certificate.

  1. Consider and Take Action on Principal and Teacher Surveys for Accountability System for Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and approve changes to the principal survey of first-year teachers and to the new teacher survey that were approved in December 2018. The principal and teacher surveys are factors in determining the performance of educator preparation programs (EPPs) in the Accountability System for Educator Preparation Programs (ASEP). This item also provides an update with data from the 2018–2019 Principal Survey and Teacher Survey.

  1. Consider and Take Appropriate Action on 2017–2018 and 2018–2019 Continuing Approval Reviews of Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve programs for continuing approval (5 years) based on the results of the 2017–2018 and 2018–2019 reviews.

  1. Consider and Take Appropriate Action on Request to Approve New Class of Certificate at East Texas Baptist University

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by East Texas Baptist University, an approved and accredited educator preparation program (EPP) located in Marshall to offer the School Counselor class of certificate as part of their certificate inventory. Texas Education Agency (TEA) staff reviewed the proposal request and found that it complied with provisions of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Chapter 228, Requirements for Educator Preparation Programs, Chapter 229, Accountability System for Educator Preparation Programs, Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, and Chapter 239, School Counselor Certificate.

  1. Consider and Take Appropriate Action on Agreed Order for South Texas Transition to Teaching (STTT) Alternative Certification Preparation Program

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve an agreed order for South Texas Transition to Teaching Alternative Certification (STTT) Preparation Program to continue to operate with conditions.

  1. Consider and Take Appropriate Action on Agreed Order for Teaching via E-Learning (TEACH) Alternative Certification Preparation Program

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve an agreed order for Teaching via E-Learning (TEACH) Alternative Certification Preparation Program to continue to operate with conditions.

  1. Consider and Take Appropriate Action to Approve the Continuing Approval Review and Lifting of Board Orders for the TeacherBuilder.com Alternative Certification Educator Preparation Program

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve the continuing approval review and to lift the board orders from August 2015 for TeacherBuilder.com Alternative Certification Educator Preparation Program.

  1. Election of State Board for Educator Certification Officers

Texas Education Code (TEC) requires the State Board for Educator Certification (SBEC) elect one of its members to serve as presiding officer for a term of two years and allows the Board to elect other officers from among its membership. The Board Operating Policies and Procedures (BOPP) mandates the Board elect a Chairperson, Vice-Chairperson, and Secretary according to the terms of the BOPP.

DISCIPLINARY CASES

  1. Pending or Contemplated Litigation, including Disciplinary Cases
  1. Defaults

     No Answer Defaults

  1. In the Matter of Ginleetrice S. Benton; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

  1. In the Matter of Neomi Rojas; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

  1. In the Matter of Ray Castillo; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

  1. In the Matter of Ernesto Cortez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           18-month suspension

  1. In the Matter of Jonithon Myakal Canava; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

  1. In the Matter of Kendall Wayne Walling; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

  1. In the Matter of Steven D. Allen; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension and proof of successful completion of substance abuse treatment program

  1. In the Matter of Donna Marie Burkhalter; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension and proof of successful completion of substance abuse treatment program

  1. In the Matter of Tirone Michael Curtis; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

  1. In the Matter of Naomi Fontenot; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension and proof of successful completion of substance abuse treatment program

  1. In the Matter of Nicole Shannon George; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

  1. In the Matter of Gloria P. Munoz; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

  1. In the Matter of Ronald L. Rhea; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           5-year suspension

  1. In the Matter of Daren L. Rodriguez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

  1. In the Matter of Amanda Lynn Smith; Action to be taken:  Consideration of Issuance of Default Judgment

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

  1. In the Matter of Deborah M. Webb; Action to be taken:  Consideration of Issuance of Default Judgment

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

  1. In the Matter of Sherry Kay Lee; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

  1. In the Matter of Wendy R. Cabrera; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

  1. In the Matter of Kendra Denise Herrera; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           3-year suspension

  1. In the Matter of Michelle Morante; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

  1. In the Matter of Billy Robert Smith, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

    SOAH Defaults

  1. In the Matter of Tarnesha Michele Sheppard; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

  1. In the Matter of Traci H. Rolles; Action to be taken:  Consideration of Issuance of Default Judgment

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

  1. Motion for Rehearing
  1. In re Kirsten Otey: Consider and Take Appropriate Action on Motion to Extend Deadline to File Motion for Rehearing
  1. Contested Cases

     Proposals for Decision

  1. Docket No. 701194349.EC, Texas Education Agency, Educator Leadership and Quality Division v. Aaron Jason Martin; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Denial of certification

Staff Recommendation:         Accept ALJ recommendation

  1. Docket No. 701192595.EC, Texas Education Agency, Educator Leadership and Quality Division v. Diane Michelle Bush; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Non-Inscribed Reprimand

Staff Recommendation:         2-year suspension

  1. Docket No. 701193728.EC, Texas Education Agency, Educator Leadership and Quality Division v. David Demiglio; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           No disciplinary action be taken

Staff Recommendation:         Accept ALJ recommendation

  1. Docket No. 701184944.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jonathan Andy Salcido; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           No disciplinary action be taken

Staff Recommendation:         Accept ALJ Recommendation

  1. Docket No. 701191389.EC, Texas Education Agency, Educator Leadership and Quality Division v. Aron Edward Dillahunty; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           No disciplinary action be taken

Staff Recommendation:         Accept ALJ recommendation

  1. Docket No. 701192455.EC, Texas Education Agency, Educator Leadership and Quality Division v. Leo Ramos; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:         Accept ALJ recommendation

  1. Court Cases

     District Court Cases

  1. David Turner v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-002298, In the 250th District Court of Travis County, Texas.
  2. Bradley Keith Bowen v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-004203, In the 98th District Court of Travis County, Texas.
  3. Blake Tittle v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-007716, In the 345th District Court of Travis County, Texas.
  4. Cynthia Maria Garcia v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-007719, In the 250th District Court of Travis County, Texas.
  5. Christopher Greene v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-18-000016, In the 345th District Court of Travis County, Texas.
  6. Leo Joseph Tran v. Texas Education Agency, Educator Certification and Standards Division; Cause No. 03-18-00855-CV, In the Court of Appeals, Third District of Texas.

DISCUSSION ONLY

  1. Discussion of Proposed Revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed revisions would implement the statutory requirements of House Bill (HB) 18, 86th Texas Legislature, 2019, provide specification for approval of teaching sites that are not Texas Education Agency (TEA) accredited public schools, provide guidance related to admitting candidates to programs that are closing or consolidating, provide guidance for internships/clinical teaching in the summer, add language for a dismissal policy for candidates who violate the code of ethics, provide simplified rule text for the reasons an Educator Preparation Program (EPP) would no longer support a candidate in an internship and the corresponding actions that must take place when a candidate leaves an internship, provide reordering and clarification for the number of observations that must total at least 135 minutes, and repeal the current Figure in 19 TAC §228.10(b)(1) that lists TAC requirements and replace it with a figure that provides broad categories of TAC requirements by chapter with evidence that is updated annually.

  1. Discussion of Proposed Amendments to 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter B, Elementary School Certificate Standards, Subchapter D, Secondary School Certificate Standards, and Subchapter F, Supplemental Certificate Standards

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter B, Elementary School Certificate Standards, Subchapter D, Secondary School Certificate Standards, and Subchapter F, Supplemental Certificate Standards. The proposed amendments would specify the standards for the grade-banded Special Education certifications and the Bilingual-Supplemental certification.

  1. Discussion of edTPA Pilot and Test Development Updates

This item provides the State Board for Educator Certification (SBEC) an update on the edTPA pilot and upcoming educator certification test development.

  1. Discussion of Proposed Revisions to 19 TAC Chapter 232, General Certification Provisions

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions. The proposed revisions would implement the statutory requirements of House Bills (HBs) 18 and 403 and Senate Bills (SBs) 11 and 37, 86th Texas Legislature, 2019. The proposed revisions would provide continuing professional education instruction regarding mental health and substance abuse training; training requirements for superintendents regarding sexual abuse and human trafficking; and the removal of student loan default as grounds to deny the renewal of a certificate.

  1. Discussion and Update on Educator Testing Data

This item provides the State Board for Educator Certification (SBEC) an update on educator testing data.

  1. Discussion of Board Operating Policies and Procedures (BOPP) 

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and recommend changes to the Board Operating Policies and Procedures (BOPP).

INFORMATION ONLY

  1. 2019–2022 Updated Rule Review Plan for State Board for Educator Certification Rules
  1. Requests from Board Members for Future Agenda Items
  1. Requests Received from the Board Since Last Meeting
  1. 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.

  Print