June 9, 2017 SBEC Meeting Agenda
State Board for Educator Certification
Meeting Agenda
June 9, 2017 AT 9:00 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. Milken Educator Award Recipient Recognition: Amber Simpson, Somerset ISD
This item provides the State Board for Educator Certification (SBEC) an opportunity to recognize the recipient of the 2016 Milken Educator Award for the State of Texas. Amber Simpson, a TAP Master Teacher at Barrera Veterans Elementary in the Somerset Independent School District, received the prestigious Milken Educator Award. Simpson is the sole recipient of the award in Texas for the 2016-17 academic year.
4. 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
5. Consider and Take Appropriate Action on Request to Approve March 3, 2017 Board Meeting Minutes
DISCUSSION AND ACTION
6. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 231, Requirements for Public School Personnel Assignments
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. The SBEC last adopted the review of 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, in February 2012. In 2013, the assignment chart in Chapter 231 was reorganized effective August 2013. This item presents for SBEC approval the adoption of the review of Chapter 231. The rules being reviewed provide requirements relating to the criteria for school districts to make personnel assignments based on the correlating certification requirements.
7. Consider and Take Appropriate Action on Adoption of Review of 19 TAC Chapter 245, Certification of Educators from Other Countries
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. The SBEC last adopted the review of 19 TAC Chapter 245, Certification of Educators from Other Countries, in August 2013. This item presents for SBEC approval the adoption of the review of Chapter 245. The rules being reviewed provide requirements relating to the certification of Texas educators from other countries.
8. Consider and Take Appropriate Action on Adoption of Proposed Amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.9, Inactive Status and Late Renewal
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 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.9, Inactive Status and Late Renewal, which would clarify procedures used by the automated system to process late applications submitted for standard certificate renewal. No changes are recommended since published as proposed.
9. Consider and Take Appropriate Action on 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 discuss and propose an amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements, which would specify the Test of English as a Foreign Language internet-Based Test (TOEFL-iBT) and the minimum scaled scores required for each section of the test to demonstrate English language proficiency for a candidate whose degree was earned outside the United States where the primary language of instruction was not English.
10. Discussion of Educator Certification Structure Redesign Framework and Approval of Classroom Teacher Standards Advisory Committee
This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss an educator certification structure redesign framework and to approve the membership of an advisory committee to develop and recommend educator standards for the classroom teacher certificate. The committee would revise the current classroom teacher standards that define educator preparation program (EPP) and certification testing requirements.
11. Consider and Take Action on Clinical Teaching Exception Request
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and take action on the request by the UTeach Natural Sciences Program at the University of Texas at Austin for an exception to the clinical teaching options described in SBEC rule (19 Texas Administrative Code (TAC) §228.35(e)(2)(A) and (B)). An exception must include an alternate requirement that will adequately prepare teacher candidates for certification and ensure the teacher is effective in the classroom. The TEA staff recommends that the SBEC approve the request with conditions.
DISCIPLINARY CASES
12. Pending or Contemplated Litigation, including Disciplinary Cases
A. Defaults
No Answer Defaults
1. In the Matter of Sara Barnes; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
2. In the Matter of Radhika Bhavani; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
3. In the Matter of Amanda Bledsoe; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
4. In the Matter of Joseph Ransom Gauthier; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
5. In the Matter of Kingslea Christine Hale; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
6. In the Matter of David Joseph Hoeksema; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 1 year suspension
7. In the Matter of Jerome Key; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
8. In the Matter of Pauline Miles; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
9. In the Matter of Jeremy Miller; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
10. In the Matter of Wade Nakura; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
11. In the Matter of Stephanie Phillips; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
12. In the Matter of Zachary Truette; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
13. In the Matter of Charles Vanderbilt; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
14. In the Matter of Cody Wallace; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 1 year suspension
15. In the Matter of Karl Arthur Avila; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
16. In the Matter of Alberto Ocegueda; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
17. In the Matter of Stephen Pinkney; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
18. In the Matter of Megan Shed; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
19. In the Matter of Dejon E. Taylor; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
20. In the Matter of Lindsey L. Thomas; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
21. In the Matter of David G. Winbush; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
22. In the Matter of Elizabeth Zinn; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
23. In the Matter of Jesse Camargo; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
24. In the Matter of David Covarrubias; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
25. In the Matter of Jonathan Flores; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
26. In the Matter of Gregory Moser; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
27. In the Matter of Margaret C. Torres; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
28. In the Matter of Scott Christopher Abell; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
29. In the Matter of Richard Thomas Ringgold, Jr.; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
30. In the Matter of Christine De Hoyos; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Revocation
31. In the Matter of Billie Jo Freeman; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Revocation
32. In the Matter of Jacob Light; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 4 year suspension
33. In the Matter of Sherketha Shamoine Love; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Revocation
34. In the Matter of Tressa Blue Marusak; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Revocation
35. In the Matter of Tracy Lynn Russell; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 5 year suspension
36. In the Matter of Bonnie Vandekop; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: 2 year suspension
37. In the Matter of Julia Allen; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Permanent Revocation
38. In the Matter of Mary Ayers; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Revocation
39. In the Matter of Crystal Ann Loera; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Revocation
40. In the Matter of Donnie Ashton; 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
41. In the Matter of Tony K. Bowser; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Revocation
42. In the Matter of David Glasgow; 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
43. In the Matter of Elijah Alejandro Martinez; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: Permanent Revocation
44. In the Matter of Gloria Esther Mendez; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Revocation
45. In the Matter of Kenneth Ogden; 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
46. In the Matter of Elizabeth Ponce; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Revocation
47. In the Matter of Gabriel Medellin Garcia; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 5 year suspension and proof of successful completion of substance abuse treatment program
48. In the Matter of Brittany Gonzalez; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Revocation
SOAH Defaults
1. In the Matter of Sylvia Dorothy Reid; Action to be taken: Consideration of Issuance of
Default Judgment
Staff recommendation: Revocation
2. In the Matter of Roxsane Diane Sarsour; Action to be taken: Consideration of Issuance of Default Judgment
Staff recommendation: 2 year suspension
B. Contested Cases
Proposals for Decision
1. Docket No. 701164127.EC, Texas Education Agency, Educator Leadership and Quality Division v. Norma Regina Gonzalez (A.K.A. Gina Oaxaca); Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 3 year probated suspension
Staff Recommendation: 3 year suspension
2. Docket No. 701171437.EC, Texas Education Agency, Educator Leadership and Quality Division v. Marie F. Flowers; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Appeal should be granted and Certificate issued.
Staff Recommendation: Appeal should be denied and Certificate should not be issued.
3. Docket No. 701171654.EC, Texas Education Agency, Educator Leadership and Quality Division v. Brandon Baxter; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: No Disciplinary Action be taken
Staff Recommendation: 1 year suspension
4. Docket No. 701171439.EC, Texas Education Agency, Educator Leadership and Quality Division v. Janaye V. Easter; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 year probated suspension
Staff Recommendation: 1 year suspension
5. Docket No. 701170490.EC, Texas Education Agency, Educator Leadership and Quality Division v. Alonzo Travis Miller, Jr.; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 2 year suspension
Staff Recommendation: Revocation
6. Docket No. 701171759.EC, Texas Education Agency, Educator Leadership and Quality Division v. Brandon Chaison; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Application must be Permanently Denied
Staff Recommendation: Accept ALJ recommendation
7. Docket No. 701172692.EC, Texas Education Agency, Educator Leadership and Quality Division v. Kevin Yancy; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Appeal should be denied and Certificate should not be issued
Staff Recommendation: Accept ALJ Recommendation
8. Docket No. 701171653.EC, Texas Education Agency, Educator Leadership and Quality Division v. Jeffrey Barnes; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: 1 year suspension
Staff Recommendation: Accept ALJ Recommendation
9. Docket No. 701170397.EC, Texas Education Agency, Educator Leadership and Quality Division v. James Russell; 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
10. Docket No. 701170989.EC, Texas Education Agency, Educator Leadership and Quality Division v. Sylvia Binder; 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
11. Docket No. 701164115.EC, Texas Education Agency, Educator Leadership and Quality Division v. Roel Olivarez; 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
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.
The Board may discuss any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting
DISCUSSION ONLY
13. Discussion of Principal and Teacher Surveys for Accountability System for Educator Preparation Programs
This item updates the State Board for Educator Certification (SBEC) on the development of a principal survey of first-year teachers that more clearly describes the performance expectations for first-year teachers and more closely aligns with the Texas Teacher Evaluation and Support System (T-TESS) rubric. This item also provides an update on the development of a survey of new teachers that is also more closely aligned with the T-TESS rubric. The principal and teacher surveys are factors in determining the performance of educator preparation programs (EPPs).
14. Discussion of Proposed Amendments to 19 TAC Chapter 239, Student Services Certificates, Subchapter A, School Counselor Certificate, and Subchapter C, Educational Diagnostician Certificate
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 239, Student Services Certificates, Subchapter A, School Counselor Certificate, and Subchapter C, Educational Diagnostician Certificate.
15. Discussion of Implementation Plan for 19 TAC Chapters 228, 229, and 230 Rule Changes
This item provides the State Board for Educator Certification (SBEC) an update on the implementation plan for recent changes in 19 TAC Chapter 228, Requirements for Educator Preparation Programs, Chapter 229, Accountability System for Educator Preparation Programs, and Chapter 230, Professional Educator Preparation and Certification, that the SBEC adopted in October 2016.
16. Update on Educator Investigations and Legal Case Docket
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss updates provided by the Division of Educator Investigations and the Division of Legal Services for the second quarter of Fiscal Year (FY) 2016-2017.
17. Discussion of State Board of Education and State Board for Educator Certification Roundtable Event
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss a proposal from the State Board of Education (SBOE) to collaborate on an educational roundtable event.
INFORMATION ONLY
18. Legislative Update on 85th Texas Legislative Session
19. Board Operating Policies and Procedures (BOPP)
20. 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules
21. Requests from Board Members for Future Agenda Items
22. Requests Received from the Board Since Last Meeting
23. 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.