May 1, 2020 SBEC Meeting Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
MAY 1, 2020 AT 8:30 AM
VIRTUAL MEETING (LIVESTREAM ON ADMINMONITOR.COM)

The Board will meet virtually and after determining the presence of a quorum, deliberate and possibly take formal action, including emergency action, on any of the following agenda items:

Information regarding registering for public comment can be found at: https://tea.texas.gov/about-tea/leadership/state-board-for-educator-certification/sbec-meetings

Pledge of Allegiance

1.   Call to Order

2.   Associate Commissioner’s Comments Regarding the SBEC Agenda

3.   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

4.   Consider and Take Appropriate Action on Request to Approve February 21, 2020 Board Meeting Minutes

DISCUSSION AND ACTION

5.     Update on the Coronavirus (COVID-19) Disaster Declaration and SBEC-Related Implications

This item provides the State Board for Educator Certification (SBEC) an update on the Coronavirus (COVID-19) Disaster Declaration and implications for candidates for educator certification, educator preparation programs (EPPs), and school districts.

6.     Consider and Take Appropriate Action on Adoption of Proposed Revisions to 19 TAC Chapter 232, General Certification Provisions

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 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. Technical changes would also clarify processes and reorganize current provisions to improve readability and 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.

7.     Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed amendments would update the subject-matter-only assessments to be used for the Pre-Admission Content Test (PACT).

8.     Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments would implement the statutory requirements of House Bill (HB) 18, 86th Texas Legislature, 2019; would provide specification for approval of teaching sites that are not Texas Education Agency (TEA)-accredited public schools; would provide guidance related to admitting and recommending candidates to programs that are closing or consolidating; would provide guidance for internships and clinical teaching in the summer; would add language for a dismissal policy for candidates; would simplify language relating to the reasons an educator preparation program (EPP) can stop supporting a candidate in an internship and the corresponding actions that must take place when a candidate leaves an internship; would provide clarification for the number of observations for practicums; and would provide clarification of and reorder provisions for technical formatting purposes throughout the rules.

9.     Consider and Take Appropriate Action on Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose an amendment to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment. The proposed amendment would implement the statutory requirements in House Bill (HB) 3, 86th Texas Legislature, 2019, that require that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading on a certification examination beginning January 1, 2021. The proposed amendment would update the examination figure in 19 TAC §230.21(e) to specify the required examinations(s) for issuance of the replacement certificates that reflect the science of teaching reading requirement. The proposed amendment would also provide clarification on relevant implementation dates for specific certification examinations.

10.  Consider and Take Appropriate Action on Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

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. The proposed amendments would implement the statutory requirements in House Bill (HB) 3, 86th Texas Legislature, 2019, that requires that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading on a certification examination beginning January 1, 2021. The proposed amendments would create four replacement certificates with corresponding requirements and deadlines for issuance: Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6; Core Subjects with Science of Teaching Reading: Grades 4–8; English Language Arts and Reading with Science of Teaching Reading: Grades 4–8; and English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4–8. Technical changes would also provide clarification and consistent information related to the classroom teacher certificates issued by the SBEC.

11.  Consider and Take Appropriate Action on Proposed Revisions to 19 TAC Chapter 235, Classroom Teacher Certification Standards

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards. The proposed revisions would specify the new standards for the specialized Special Education and Bilingual Spanish certifications, as well as the DeafBlind supplemental certification. Additional changes would also implement the statutory requirements of House Bill (HB) 3, 86th Texas Legislature, 2019, regarding the science of teaching reading standards applying to classroom teachers who teach through grade six; would provide implementation updates; and would reorganize current provisions to improve readability.

12.  Consider and Take Appropriate Action on Petition for Adoption of Rule Change Concerning 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Chapter 229, Accountability System for Educator Preparation Programs, and Chapter 230, Professional Educator Preparation and Certification

This item provides the State Board for Educator Certification (SBEC) an opportunity to consider petitions for rulemaking on 19 Texas Administrative Code (TAC) Chapter 227, Provisions for Educator Preparation Candidates, Chapter 229, Accountability System for Educator Preparation Programs, and Chapter 230, Professional Educator Preparation and Certification, filed pursuant to Texas Government Code, §2001.021. The petitioner requests amendments regarding content certification examinations, candidate preparation prior to admission into an educator preparation program, educator preparation program accountability, and candidate internship assignments. The SBEC must either deny the petitions or direct the Texas Education Agency (TEA) staff to initiate rulemaking proceedings.

DISCIPLINARY CASES

13.  Pending or Contemplated Litigation, including Disciplinary Cases

A. Defaults

No Answer Defaults

1.         In the Matter of Jennifer Monette Bradshaw; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           1-year suspension 

2.         In the Matter of Jessica Lorraine Cabrales; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           1-year suspension 

3.               In the Matter of Angelica Maria Castillo; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           1-year suspension 

4.               In the Matter of Jose Leandro Flores; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           1-year suspension

5.               In the Matter of Jamian Hoff; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           1-year suspension

6.               In the Matter of Julia R. Johnson; Action to be taken:  Consideration of Issuance of Default Judgment

      Staff recommendation:           1-year suspension

7.               In the Matter of Olivia Danielle McGlothen; Action to be taken:  Consideration of Issuance of Default Judgment

      Staff recommendation:           1-year suspension

8.               In the Matter of Kevin Earl Niemeyer; Action to be taken:  Consideration of Issuance of Default Judgment

      Staff recommendation:           1-year suspension

9.               In the Matter of Elizabeth Oliver; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           1-year suspension

10.            In the Matter of Gessner A. Soto; Action to be taken:  Consideration of Issuance of Default Judgment
 
     Staff recommendation:           1-year suspension

11.            In the Matter of Allison F. Townsend-Bush; Action to be taken:  Consideration of Issuance of Default Judgment

   Staff recommendation:           Suspension of Intern Certificate through expiration on August 12, 2020

12.            In the Matter of Candace Dollene Williams; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           1-year suspension

13.            In the Matter of Sam Fanek; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           Revocation

14.            In the Matter of Brandie Renae Jones; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           Permanent Revocation

15.            In the Matter of Melissa Jo Mauger; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           Permanent Revocation

16.            In the Matter of Jose Ernesto Villalobos; Action to be taken:  Consideration of Issuance of Default Judgment
 
     Staff recommendation:           Permanent Revocation

17.            In the Matter of Jonathan Proud; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           Permanent Revocation

18.            In the Matter of Courtney Schree Hill; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           Permanent Revocation

19.            In the Matter of Jacob Pena; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           Permanent Revocation

20.            In the Matter of William Joseph Alvarez; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           Revocation

21.            In the Matter of Adrian Balderas; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           Revocation

22.            In the Matter of Jordan J. Jordan; Action to be taken:  Consideration of Issuance of Default Judgment

     Staff recommendation:           Revocation

23.            In the Matter of Sherry Glass Murdock; 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

24.            In the Matter of Alison Lyn Rabinovitz; Action to be taken:  Consideration of Issuance of Default Judgment

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

25.            In the Matter of Ramon Rivera, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

    Staff recommendation:           Revocation

26.            In the Matter of Chad Taylor Carter; Action to be taken:  Consideration of Issuance of Default Judgment

    Staff recommendation:           Revocation

27.            In the Matter of Julie Maupin; Action to be taken:  Consideration of Issuance of Default Judgment

    Staff recommendation:           2-year suspension

28.            In the Matter of Olvia Judith Preciado; Action to be taken:  Consideration of Issuance of Default Judgment

    Staff recommendation:           Revocation

B. SOAH Defaults

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

    Staff recommendation:           1-year suspension

2.         In the Matter of Jacqueline Ibarra; Action to be taken:  Consideration of Issuance of Default Judgment

    Staff recommendation:           Permanent Revocation

3.        In the Matter of Yolanda Jordan; Action to be taken:  Consideration of Issuance of Default Judgment
 
    Staff recommendation:           Revocation

4.         In the Matter of Latifah Lorraine Adeniran; Action to be taken:  Consideration of Issuance of Default Judgment

    Staff recommendation:           Revocation

B. Contested Cases

Proposals for Decision       

  1. Docket No. 701200122.EC, Texas Education Agency, Educator Leadership and Quality Division v. John Miller; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

               ALJ Recommendation:           2-year suspension

              Staff Recommendation:         Accept ALJ recommendation

  1. Docket No. 701195728.EC, Texas Education Agency, Educator Leadership and Quality Division v. Ebony Morrow; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

               ALJ Recommendation:           8-month suspension

               Staff Recommendation:         Accept ALJ recommendation 

  1. Docket No. 701196550.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jessica Samaniego; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

               ALJ Recommendation:           No disciplinary action to be taken 

               Staff Recommendation:         Accept ALJ recommendation 

  1. Docket No. 701196573.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jeremiah Willis; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

               ALJ Recommendation:           No disciplinary action to be taken

               Staff Recommendation:         Accept ALJ recommendation

C. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. Gilbert Salas v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-19-008786, In the 345th District Court of Travis County, Texas.
  1. David Demiglio v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-20-001242, In the 459th District Court of Travis County, Texas.

DISCUSSION ONLY

14. Discussion of Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs. Chapter 229 establishes the performance standards and procedures for educator preparation program (EPP) accountability. The proposed amendments would provide for adjustments to the 2019–2020 accountability system for educator preparation (ASEP) due to Governor Abbott’s disaster declaration related to COVID-19; would include an accountability indicator for educator preparation programs based on the improvement in achievement of students taught by beginning teachers, would provide an index for the determination of EPP accreditation status, and would provide updates to the ASEP Manual.

15. Discussion of the Science of Teaching Reading Transition and Test Development Updates

This item provides the State Board for Educator Certification (SBEC) an update on the Science of Teaching Reading (STR) examination requirement transition and upcoming educator certification test development.

16. Discussion of Certificate Options for Legacy Master Teachers

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss certificate options for current Legacy Master Teacher certificate holders.

17. Update on Voluntary Closure of Training via E-Learning Alternative Certification (TEACH) Preparation Program

      This item provides the State Board for Educator Certification (SBEC) an update on the voluntary closure of Training via E-Learning Alternative Certification (TEACH) Preparation Program. This item outlines recent steps resulting from periodic monitoring of educator preparation programs (EPPs) and their compliance with current Board orders.

INFORMATION ONLY

18. Board Operating Policies and Procedures (BOPP)

19. 2019–2022 Updated Rule Review Plan for State Board for Educator Certification Rules

20. Requests from Board Members for Future Agenda Items

21. Requests Received from the Board Since Last Meeting

22. 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.