December 10, 2021 SBEC Meeting 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 any of the following agenda items:

Moment of Silence

Pledge of Allegiance

1. Call to Order

2. Texas Education Agency Commissioner Comments

3. Associate Commissioner’s Comments Regarding the SBEC Agenda

4. State Board for Educator Certification Welcome New Board Member and Recognition of Former Board Member

This item provides the State Board for Educator Certification (SBEC) an opportunity to welcome a new board member and recognize a former board member for their service to Texas schoolchildren and educators.

5. 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

The consent agenda will take up agenda items 6-14 with no discussion as notated in bold and italicized. The State Board for Educator Certification may elect to take separate action on any item on the consent agenda. All such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.

6. Request to Approve October 1, 2021 Board Meeting Minutes

7. Adoption of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements

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 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements. The proposed amendment would update the list of countries that permit individuals who have obtained the equivalent of a United States bachelor's or master's degree to be exempt from the Test of English as a Foreign Language internet-Based Test (TOEFL iBT) to demonstrate English language proficiency; would clarify that individuals who have already demonstrated English language proficiency to receive an SBEC-issued Texas certificate would not have to demonstrate English language proficiency again for purposes of admission into an educator preparation program (EPP) to obtain an additional Texas educator certificate; and would provide technical and grammatical edits. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

8. Adoption of Proposed Amendments to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans

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 234, Military Service Members, Military Spouses, and Military Veterans. The proposed amendments would implement House Bill (HB) 139, 87th Texas Legislature, Regular Session, 2021. The proposed amendments would add the space force to the list of branches of the United States Armed Forces and would allow service members, spouses, and veterans to get credit toward educator certification requirements for clinical and professional experience. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

9. Proposed Review of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs

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 proposed review of 19 Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs. The rules being reviewed provide requirements for the accountability system for educator preparation programs (EPPs), including the assignment of an EPP accreditation status, and allow the SBEC to intervene in cases of low performance.

10. Proposed Review of 19 TAC Chapter 247, Educators' Code of Ethics

Texas Government Code (TGC), §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 proposed review of 19 Texas Administrative Code (TAC) Chapter 247, Educators' Code of Ethics. The rules being reviewed provide the code of ethics for Texas educators.

11. Proposed Review of 19 TAC Chapter 250, Administration

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 proposed review of 19 Texas Administrative Code (TAC) Chapter 250, Administration. The rules being reviewed establish procedures for SBEC purchasing and for handling petitions for the adoption of rules that the SBEC receives.

12. Implementation of SB 2066 to Update Teacher and Principal Surveys for Accountability System for Educator Preparation and Consumer Information Regarding Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to update language in the principal and teacher surveys to implement the statutory requirements of Senate Bill (SB) 2066, 87th Texas Legislature, Regular Session, 2021. The updates would change the current terminology of “students of limited English proficiency” to “emergent bilingual students” in the principal and teacher surveys.

13. 2020–2021 Continuing Approval Reviews of Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve educator preparation programs for continuing approval for five years based on the results of the 2020-2021 reviews.

14. Request to Approve New Educator Preparation Program at International Leadership Texas (ILTexas)

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by International Leadership Texas (ILTexas), located in Richardson, Texas to be approved as an educator preparation program (EPP) through the alternative certification route. Texas Education Agency (TEA) staff reviewed the proposal 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, and Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements.

DISCUSSION AND ACTION

15. Adoption of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, and Subchapter E, Post-Hearing Matters

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, and Subchapter E, Post-Hearing Matters. The proposed amendments would implement House Bill (HB) 2519, 87th Texas Legislature, Regular Session, 2021, by amending the SBEC's rules to allow the SBEC to put conditions on a certificate without any additional sanction; to reduce the minimum sanction for contract abandonment that occurs 30–44 days in advance of the first day of instruction for the next school year; to clarify that sanctions for contract abandonment are subject to all mitigating factors and that mitigating factors can reduce a sanction to the point that the SBEC takes no disciplinary action against an educator; and to clarify the notice that the Texas Education Agency (TEA) sends sanctioned educators regarding the necessity of filing a motion for rehearing if the respondent wants to appeal the decision. The proposed amendments also reflect the results of the SBEC's July work session on contract abandonment and October meeting by expanding the definition of good cause for contract abandonment to include instances when an educator resigns after receiving written permission from school administration and by adding new mitigating factors that allow lower sanctions for contract abandonment when an educator gets a promotion, is assigned to another campus, has their salary reduced, or faces a threat of immediate physical harm. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

16. Proposed Amendments to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 199, 1267, and 2066, 87th Texas Legislature, Regular Session, 2021. The proposed amendments would require that all educators receive continuing professional education (CPE) training in educating students with disabilities; would update the CPE training requirements for classroom teachers, principals, and school counselors; and would provide for the SBEC to determine the training guidelines for CPE credit regarding the use of an automated external defibrillator (AED). The proposed amendments would also allow for a school district to request a hardship exemption for an educator who has an invalid certificate due to not having the required CPE hours for certificate renewal; would require educators to receive dyslexia training for certificate renewal; and would add CPE activities to the list of topics that educators can receive for certificate renewal.

17. Proposed Amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 245, Certification of Educators from Other Countries. The proposed amendments would update the requirements for certification of educators from other countries. The proposed amendments reflect guidance provided by the SBEC at the July 2021 meeting.

18. Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States

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 H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. Chapter 230, Subchapter H, serves as a foundation for the practices and procedures related to issuance of Texas certification to individuals licensed in other states. The proposed amendments would provide clarification and updates to requirements for individuals licensed in other states to obtain a standard Texas educator certificate.

19. Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.2, Definitions, §228.10, Approval Process, §228.30, Educator Preparation Curriculum, §228.35, Preparation Program Coursework and/or Training

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, §228.2, Definitions, §228.10, Approval Process, §228.30, Educator Preparation Curriculum, and §228.35, Preparation Program Coursework and/or Training. The proposed amendments would implement Senate Bills (SBs) 226 and 1590 and House Bills (HBs) 139 and 159, 87th Texas Legislature, Regular Session, 2021. The proposed amendments would allow educator preparation programs (EPPs) the flexibility to conduct certain required formal observations virtually; would provide for training requirements for all educators with regard to students with disabilities and virtual instruction and virtual learning; and would allow service members, spouses, and veterans to get credit toward educator certification requirements for clinical and professional experience.

20. Approval of Continuing Education and Training Clearinghouse Advisory Group

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the Continuing Education and Training Clearinghouse Advisory Group, “Clearinghouse Advisory Group” (CAG), as required by Senate Bill (SB) 1267, 87th Texas Legislature, Regular Session, 2021.

21. Approval of Agreed Order for University of St. Thomas Educator Preparation Program

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve an agreed order for University of St. Thomas (UST) educator preparation program (EPP) to continue to operate with conditions.

22. Approval of Agreed Order for Texas A&M University – Texarkana Educator Preparation Program

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve an agreed order for Texas A&M University – Texarkana (TAMUTx) educator preparation program (EPP) to continue to operate with conditions.

DISCIPLINARY CASES

23. Pending or Contemplated Litigation, including Disciplinary Cases

1. Defaults

No Answer Defaults

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

Staff recommendation:            1-year suspension

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

Staff recommendation:            1-year suspension

3. In the Matter of Gloria M. Anthony; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

4. In the Matter of Cactus Calderas; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

5. In the Matter of Elizabeth M. Trevino a/k/a Elizabeth Schiwart; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

6. In the Matter of Jacquelyn Howard; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

7. In the Matter of Vanessa Thomas; Action to be taken:  Consideration of Issuance of Default Judgment

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

8. In the Matter of Geoffery Howard; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

9. In the Matter of Renae M. McAlister; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            2-year suspension

10. In the Matter of Justin Spence; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            3-year suspension

11. In the Matter of Annette Marie Bogany-Williams; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

12. In the Matter of Gracie Beatrice Foreman; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

13. In the Matter of Maria Del Socorro Alcaraz; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

14. In the Matter of Romeo Luis Cardenas, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

15. In the Matter of Allen Speight; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

16. In the Matter of Jared Prezas; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

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

Staff recommendation:            Revocation

18. In the Matter of Susan Rivera Herrera; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            2-year suspension

SOAH Defaults

1. In the Matter of Phyllis Renee Taylor; Action to be taken:  Consideration of Issuance of Default Judgment
   
   Staff recommendation:            Revocation

2. Contested Cases

Proposals for Decision

1. Docket No. 701212445.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Chelsea Chamese Pearce; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:          Accept ALJ Recommendation

3. Court Cases

District Court Cases

1. David Turner v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-17-002298, In the 250^th District Court of Travis County, Texas.
2. Bradley Keith Bowen v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-18-004203, In the 98^th District Court of Travis County, Texas.

3. Jamie Belinoski v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-19-002926, In the 53^rd District Court of Travis County, Texas.
4. David Demiglio v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-20-001242, In the 459^th District Court of Travis County, Texas.

DISCUSSION ONLY

24. Discussion of 19 TAC Chapter 231, Requirements for Public School Personnel Assignments

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments.  The rules being discussed provide requirements relating to the criteria for school districts to make personnel assignments based on the correlating certification requirements. The proposed amendments are based on recent legislation from the 87th Texas Legislative Session, State Board of Education (SBOE) course offerings, and stakeholder input.

25. Discussion of edTPA as a Certification Exam for Standard Teacher Certification

This item provides the SBEC with an opportunity to discuss the implementation of the edTPA as the pedagogy exam requirement for standard teacher certification, including discussion of the SBEC’s statutory charge and rationale for implementation of the edTPA pilot, feedback on the edTPA gathered during the edTPA pilot, proposed plans for implementation of the edTPA as a replacement for the current pedagogy exam, the Pedagogy and Professional Responsibilities (PPR) exam, and recent feedback regarding options for pedagogy certification exams for standard teacher certification.

INFORMATION ONLY

26. SBEC-Related Legislative Update from the 87th Texas Legislature

27. Board Operating Policies and Procedures (BOPP)

28. 2019–2022 Rule Review Plan for State Board for Educator Certification Rules

29. Adjournment