April 26, 2019 SBEC Meeting Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
APRIL 26, 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
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 22, 2019 Board Meeting Minutes
DISCUSSION AND ACTION
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 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The rules under review set out SBEC's authority and procedures for sanctioning certified educators and denying certification to unfit applicants.
This item provides the State Board for Educator Certification (SBEC) with an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed new 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards. The proposed new rule would specify the certification standards for the English as a Second Language (ESL) Supplemental Certificate. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.
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 241, Certification as Principal, Subchapter B, Principal Certificate, §241.41, General Provisions. The proposed amendment would provide a deadline for candidates to qualify and apply for the current principal certification and to take the corresponding certification examination, after which time the Principal as Instructional Leader certificate will become the only principal certification available to candidates. This item also provides an update to the SBEC concerning the number of educator preparation programs (EPPs) that applied and have been presently approved to offer the new Principal as Instructional Leader (268) certification. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.
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 233, Categories of Classroom Teaching Certificates. The rules under review establish separate certificate categories within the certificate class for the classroom teacher. These categories identify the content area or special population the holder may teach, the grade levels the holder may teach, and the earliest date the certificate may be issued.
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 244, Certificate of Completion of Training for Appraisers. The rules being reviewed provide requirements for ensuring the certification of appraisers performing appraisals of teachers, administrators, and counselors employed in Texas public schools.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter H, Assignments for Teachers Certified Before 1966. The proposed revisions would incorporate courses approved by the State Board of Education (SBOE), would update the list of credentials appropriate for placement into an assignment, would make technical edits, and would delete an outdated subchapter.
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 A, General Provisions, §230.1, Definitions, Subchapter C, Assessment of Educators, §230.21, Educator Assessment, Subchapter D, Types and Classes of Certificates Issued, §230.36, Intern Certificates, and §230.37, Probationary Certificates, and Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services. The proposed amendments would update the figure specifying required tests for issuance of the standard certificate; would create new requirements for issuance of intern and probationary certificates for the proposed new intensive pre-service option, as concurrently proposed in Chapter 228, Requirements for Educator Preparation Programs, in this agenda; and would update the list of certification testing fees to include the performance-based assessment, edTPA, and content certification (subject-matter only) examinations.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed revisions would establish requirements for intensive pre-service, for educator preparation program (EPP) name changes, and for a candidate seeking certification in two categories to have clinical teaching in both.
13. Discussion and Approval of Standards Advisory Committee
This item provides the State Board for Educator Certification (SBEC) with an opportunity to approve the membership of the standards development advisory committee for Bilingual Education certification. The committee will work with staff to draft the educator standards that will subsequently define the content of the educator preparation programs (EPP) and certification examinations.
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the remaining proposed 2017-2018 Accountability System for Educator Preparation Programs (ASEP) accreditation statuses for educator preparation programs (EPPs). Fifty-six programs remained pending at the February 2019 SBEC meeting due to a recently adopted SBEC rule that was not effective until March 10, 2019 or due to delinquency in paying the SBEC-required ASEP Technology Fee.
DISCIPLINARY CASES
15. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
No Answer Defaults
1. In the Matter of William Berthold, IV.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
2. In the Matter of Evan Leroy Blanks, Sr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
3. In the Matter of Sierra Grafton; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
4. In the Matter of Cynthia E. Harris; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
5. In the Matter of Miranda Holt; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
6. In the Matter of Brent Isham; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
7. In the Matter of Stephen McLemore, III; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
8. In the Matter of Sarah Sutphin Medina; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
9. In the Matter of Kristina D. Ramos; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
10. In the Matter of Alyssa Marie Renfroe; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
11. In the Matter of Corey Matthew Starnes; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
12. In the Matter of Kamaria S. Swan; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
13. In the Matter of Lalanea T. Taitano; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
14. In the Matter of Sean M. Tarver; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
15. In the Matter of Lindsey Renee Webber; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
16. In the Matter of Guven Yilmaz; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
17. In the Matter of Daniel M. Barker; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
18. In the Matter of Deanna Lynn Cousin; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
19. In the Matter of Reginald D. English; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
20. In the Matter of Marc R. Mackey; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
21. In the Matter of Marcus E. Johnson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
22. In the Matter of Roberto Lucero, Sr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
23. In the Matter of Richard Dean Hollis, Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
24. In the Matter of Mary E. Bohn; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
25. In the Matter of Stephanie Nesbitt; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 4 year suspension
26. In the Matter of Gracen Averil; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
27. In the Matter of Rickey Goins, Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
28. In the Matter of Bryce Reed; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
29. In the Matter of Amy Lynn Maxson; 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
30. In the Matter of Rachel Y. Woodrome-Holmes; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
31. In the Matter of Nicholas R. Calhoun; 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
32. In the Matter of Kelly Elaine Roberts (Cline); 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
33. In the Matter of Shawna Chalmers; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
34. In the Matter of Sandra Montes; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 3 year suspension
B. Contested Cases
Proposals for Decision
1. Docket No. 701183945.EC, Texas Education Agency, Educator Leadership and Quality Division v. Emily Carney; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Six (6) month suspension
Staff Recommendation: Nine (9) month suspension
2. Docket No. 701191388.EC, Texas Education Agency, Educator Leadership and Quality Division v. Mildred Duran; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Six (6) month suspension
Staff Recommendation: Nine (9) month suspension beginning June 1, 2019
3. Docket No. 701181895.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jamie Belinoski; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Non-Inscribed Reprimand
Staff Recommendation: 1 year suspension
4. Docket No. 701191480, Texas Education Agency, Educator Leadership and Quality Division v. David Neal Stribling, Jr.; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 2 year suspension with the last year probated
Staff Recommendation: 2 year suspension
5. Docket No. 701184829.EC, Texas Education Agency, Educator Leadership and Quality Division v. Andre Berry; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Permanent Revocation
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.
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. Adrian Charles Woodson v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-19-001181, In the 201st 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.
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 topics to be addressed during this discussion item include commendations for high-performing EPPs, adopting the accountability manual into rule, the determination of EPP accreditation status, action plans, and the accreditation status of a certification class or category.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed revisions would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 3349, 85th Texas Legislature, Regular Session, 2017. The proposed revisions would add clarification for select definitions, would add language for admission requirements for the Early Childhood through Grade 3 (EC-3) certificate and for the Trade and Industrial Workforce Training: Grades 6-12 certificate, and would clarify the effective date in Subchapter A. The proposed revisions would implement subject-matter-only assessments to be used for the Pre-Admission Content Test (PACT) in lieu of the current examination that tests an applicant’s knowledge of both content and pedagogy prior to admission to an educator preparation program (EPP). The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations.
18. Discussion of Special Education Forum Recommendations and Test Development Updates
This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss the recommendations from the three-part special education policy forums held between November 2018 and January 2019 and provides an update on the upcoming educator certification test development process.
19. Discussion of 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 review and discuss the educator preparation program (EPP) continuing approval review process and the results to date for the 2017-2018 and 2018-2019 reviews. This item provides context for Board action at the October 2019 meeting regarding the continuing approval of the reviewed programs.
INFORMATION ONLY
20. Board Operating Policies and Procedures (BOPP)
21. 2019-2022 Rule Review Plan for State Board for Educator Certification Rules
22. Requests from Board Members for Future Agenda Items
23. Requests Received from the Board Since Last Meeting
24. 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.