December 8, 2017 SBEC Agenda
DECEMBER 8, 2017 AT 9:00 A.M.
1701 N. CONGRESS AVENUE 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 October 6, 2017 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 review of 19 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.
6. Consider and Take Appropriate Action on Proposed Review of 19 TAC Chapter 247, Educators’ Code of Ethics
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 TAC Chapter 247, Educators' Code of Ethics. The rules being reviewed provide the code of ethics for Texas educators.
7. Consider and Take Appropriate Action on 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 review of 19 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.
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 245, Certification of Educators from Other Countries. The proposed amendments would update the requirements for certification of educators from other countries following the four-year rule review required by Texas Government Code, §2001.039. 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 presents 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 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions, Subchapter B, Enforcement Actions and Guidelines, §249.12, Administrative Denial; Appeal, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition, §249.15, Disciplinary Action by State Board for Educator Certification, §249.17, Decision-Making Guidelines, and Subchapter D, Hearing Procedures, §249.35, Disposition Prior to Hearing; Default. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 7, 85th Texas Legislature, Regular Session, 2017; set minimum sanctions for administrators who fail to report educator misconduct; clarify the reasons for which the SBEC can deny a certificate to an applicant; require reporting administrators to provide additional factual details in educator misconduct reports; and clarify the law that applies when educators default after failing to answer a petition.
This item provides the State Board for Educator Certification (SBEC) an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed new 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, Subchapter B, Elementary School Certificate Standards, Subchapter C, Middle School Certificate Standards, and Subchapter D, Secondary School Certificate Standards. Proposed new 19 TAC §§235.1, General Requirements, 235.11, Pedagogy and Professional Responsibilities Standards, Early Childhood: Prekindergarten-Grade 3, 235.19, Implementation Date, Early Childhood: Prekindergarten-Grade 3, 235.41, Pedagogy and Professional Responsibilities Standards, Grades 4-8, 235.59, Implementation Date, Grades 4-8, 235.61, Pedagogy and Professional Responsibilities Standards, Grades 7-12, and 235.89, Implementation Date, Grades 7-12, would implement recent legislation from the 85th Texas Legislative Session, 2017, specify the pedagogy and professional responsibilities (PPR) educator standards required for classroom teacher certification, and clarify the implementation date for the new standards. The proposed new chapter reflects feedback provided by the SBEC-appointed Classroom Teacher Standards Advisory Committee for the Early Childhood: Prekindergarten-Grade 3, Grades 4-8 (4-8), and Grades 7-12 (7-12) PPR standards. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.
11. Consider and Take Appropriate Action on Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter B, Elementary School Certificate Standards
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose new 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter B, Elementary School Certificate Standards. Proposed new 19 TAC §§235.13, Content Standards, Early Childhood: Prekindergarten-Grade 3, 235.15, Science of Teaching Reading Standards, Early Childhood: Prekindergarten-Grade 3, 235.21, Pedagogy and Professional Responsibilities Standards, Early Childhood-Grade 6, and 235.25, Implementation Date, Early Childhood-Grade 6, would implement recent legislation from the 85th Texas Legislative Session, 2017, specify the educator standards required for the Early Childhood: Prekindergarten-Grade 3 certification as well as the pedagogy and professional responsibilities (PPR) educator standards required for the Early Childhood-Grade 6 certification. The proposed new chapter reflects feedback provided by the SBEC-appointed Classroom Teacher Standards Advisory Committee for the Early Childhood: Prekindergarten-Grade 3 and Early Childhood-Grade 6 PPR standards.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose an amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators. The proposed amendment to 19 TAC §230.21, Educator Assessment, would update the figure in subsection (e) with the appropriate required examinations for Texas certificate issuance and would incorporate language that strengthens the provisions concerning test security and confidentiality integrity. Additional technical changes are being recommended for clarification purposes.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs, and Subchapter B, Preliminary Evaluation of Certification Eligibility. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 1508, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose an amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11, Number and Content of Required Continuing Professional Education Hours. The proposed amendment would implement changes resulting from the 85th Texas Legislature, Regular Session, 2017, which include adding new continuing professional education (CPE) topics for all educators. The proposed amendment would also add minimum requirements for several CPE topics for individuals holding standard classroom teacher, principal, and school counselor certificates.
This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss the implementation of the statutory requirements of Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017. SB 1839 requires the Texas Education Agency (TEA) in coordination with SBEC to solicit input from educator preparation programs (EPPs) regarding what data TEA could provide to EPPs to help them assess their impact, improve their design, and increase their effectiveness. Building upon the work TEA has done in recent years to compile and report data through the Accountability System for Educator Preparation Programs (ASEP) annual report, TEA has worked with Educate Texas and TNTP to solicit input and recommendations regarding EPP data from a wide variety of stakeholders throughout the fall of 2017. This item also provides the SBEC with an opportunity to approve the membership of an Educator Preparation Data Workgroup to recommend changes to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs as they relate to data for EPP continuous improvement, accountability, performance, and consumer information.
This item provides the State Board for Education Certification (SBEC) with an opportunity to approve Educator Preparation Advisory Committee (EPAC) members. The SBEC is statutorily authorized to approve members of advisory committees. The committee members selected for the EPAC are representative of the diverse types of educator preparation programs (EPPs) in the state. The committee will meet at least quarterly each year to provide input on issues related to EPPs in Texas.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss draft amendments to 19 TAC Chapter 242, Superintendent Certificate, §242.20, Requirements for the Issuance of the Standard Superintendent Certificate and to take action on whether to direct Texas Education Agency (TEA) staff to bring back proposed rule text for Board consideration at the March 2018 SBEC meeting. The draft amendments to 19 TAC §242.20 would allow for a candidate to obtain standard certification as a superintendent provided that the candidate was hired by a district, completed a superintendent preparation program, and passed the certification exam for superintendents.
DISCIPLINARY CASES
18. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
No Answer Defaults
1. In the Matter of Matthew Lefler; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
2. In the Matter of Cheri Vasquez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
3. In the Matter of Steven M. Baltazar; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
4. In the Matter of Jordan Danielle Hall; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
5. In the Matter of Jesus G. Hernandez, Sr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
6. In the Matter of Stephen Mayol; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
7. In the Matter of Debbie Villanueva; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
8. In the Matter of Vicente Hernandez, Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
9. In the Matter of Alexander Jackson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
10. In the Matter of Lori Lopez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
11. In the Matter of Carl Martin; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
12. In the Matter of Chris McDonnell; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
13. In the Matter of Randall John Psencik; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
14. In the Matter of David A. Smith; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
15. In the Matter of Orlando Villarreal; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
16. In the Matter of Noe De Leon, Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
17. In the Matter of Jack Golden; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
18. In the Matter of Jessica Y. Green; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
19. In the Matter of Barron Shawn Hampton; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
20. In the Matter of Louis Joseph James; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
21. In the Matter of Tiffany Ann Bunnell; 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
22. In the Matter of Treasa Christy; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
23. In the Matter of Aroha Elizabeth Dahl; 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 Stacy L. Doyle; 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
25. In the Matter of Rafael Esquivel; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
26. In the Matter of James D. Flowers; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
27. In the Matter of Christopher D. Fowler; 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
28. In the Matter of Glendelia Eunice Gaona; 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
29. In the Matter of Michele Hanlon; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
30. In the Matter of Whitney Kunkel; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
31. In the Matter of Javier Lara; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
32. In the Matter of Michelle Harper Nelson; 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 Ruth Reyna; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
34. In the Matter of Xavier Salat-Foix; 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
35. In the Matter of Tracy Lynn Simmons; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
36. In the Matter of Alexandra N. Stefanchuk; 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
37. In the Matter of Dawn Thompson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
38. In the Matter of Arnoldo Villarreal; 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
39. In the Matter of Lacy Michelle White; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
40. In the Matter of Charli K. Crawford; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
41. In the Matter of Lindsay C. Goff; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
42. In the Matter of Jane Hickerson Martin; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
43. In the Matter of Tammy Lynn Robinson; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
44. In the Matter of Michael Smeltzer; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
45. In the Matter of Carri Beth Stanley; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
46. In the Matter of Lisa Darlene Lucas; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
47. In the Matter of Patricia Guadalupe Lemus; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
SOAH Defaults
1. In the Matter of Hector Rolando Palma; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
2. In the Matter of Raul Moran; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
B. Contested Cases
Proposals for Decision
1. Docket No. 701165894.EC, Texas Education Agency, Educator Leadership and Quality Division v. Ellis Spikes; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Permanent Revocation
Staff Recommendation: Accept ALJ Recommendation
2. Docket No. 701173462.EC, Texas Education Agency, Educator Leadership and Quality Division v. Chris Jarrell Coody; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 2 year suspension
Staff Recommendation: Permanent Revocation
3. Docket No. 701171655.EC, Texas Education Agency, Educator Leadership and Quality Division v. Shelby Junge; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Dismissed and no disciplinary action taken
Staff Recommendation: Correct ALJ’s incorrect interpretation of SBEC rules; remand back to State Office of Administrative Hearings
C. Court Cases
District Court Cases
1. Leo Joseph Tran v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-16-001802, In the 126th District Court of Travis County, Texas.
2. Michael Jimenez v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-001964, In the 201st District Court of Travis County, Texas.
3. 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.
4. Anna Luisa Kell v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-17-002347, In the 419th District Court of Travis County, Texas.
5. Norma Regina Gonzalez (a/k/a Gina Oaxaca) v. Texas Education Agency, Educator Standards Division; Cause No. D-1-GN-17-004263, In the 200th District Court of Travis County, Texas.
DISCUSSION AND ACTION
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss Board meeting times, attendance, travel options, and Board member feedback.
20. Consider and Take Appropriate Action on Election of State Board for Educator Certification Officers
The Board will elect a Chairperson, Vice-Chairperson, and Secretary.
DISCUSSION ONLY
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 7 and 1839 and House Bills (HBs) 2039, 3349, and 1963, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would implement legislation from the 85th Texas Legislative Session to establish new certificates for Early Childhood: Prekindergarten-Grade 3 and Trade and Industrial Workforce Training: Grades 6-12, identify any additional requirements to obtain certification and/or be eligible to teach specific courses, and provide guidance to districts on assignments that certificate holders are eligible to be placed into. Additional proposed amendments would provide clarification to provide consistency in application of these rules and remove duplicative language to establish alignment of information related to the classroom certificates issued by the SBEC and the corresponding teaching assignments specified for each certificate.
INFORMATION ONLY
23. Board Operating Policies and Procedures (BOPP)
24. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules
25. Requests from Board Members for Future Agenda Items
26. Requests Received from the Board Since Last Meeting
27. 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.