October 24, 2014 SBEC Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA
October 24, 2014 at 9:00 a.m.
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 will allocate up to thirty (30) minutes at the beginning of each regularly scheduled meeting of the Board for public comment on any agenda or non-agenda item concerning SBEC business.
CONSENT AGENDA
4. Approval of August 1, 2014 Board Meeting Minutes (PDF 239KB)
DISCUSSION AND ACTION
5. Litigation Settlement Options in Pending or Contemplated Litigation, Disciplinary Cases, and Pending Litigation
(10:00 a.m.)
The Board may meet in closed Executive Session, pursuant to section 551.071(2) and/or 551.071(1), of the Texas Government Code, to seek legal advice regarding pending or contemplated litigation or settlement of same, and contested cases related to educator discipline and other matters arising under 19 Texas Administrative Code Chapter 249. Pursuant to section 551.102 of the Texas Government Code, any final action on matters discussed in Executive Session must be made in an open meeting.
A. Contested Cases
I. No Answer Defaults
1) Docket No. 5094-EC-0614, Texas Education Agency, Educator Leadership and Quality Division v. Justin Curtis Williams; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
2) Docket No. 4190-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Joretta Phillips; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
3) Docket No. 5086-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Tammy Thompson; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
4) Docket No. 5089-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Isaac Cantrell; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
5) Docket No. 5087-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. David Allen Ponce; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
6) Docket No. 3221-EC-0614, Texas Education Agency, Educator Leadership and Quality Division v. Bethea B. Merritt; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
7) Docket No. 3219-EC-0614, Texas Education Agency, Educator Leadership and Quality Division v. Rita Maria Vela; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
8) Docket No. 3218-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Sarah Lynn Porter; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 4 year Suspension
9) Docket No. 3220-EC-0614, Texas Education Agency, Educator Leadership and Quality Division v. Kevin Andrew Wheeler; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
10) Docket No. 5092-EC-0614, Texas Education Agency, Educator Leadership and Quality Division v. Donitta Lynn Williams; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
11) Docket No. 5090-EC-0614, Texas Education Agency, Educator Leadership and Quality Division v. Jason Anthony Miller; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
12) Docket No. 4191-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Maria Natalia Martinez; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
13) Docket No. 4193-EC-0714, Texas Education Agency, Educator Leadership and Quality Division v. Cherry Fugate-Lange; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: 1 year Suspension
14) Docket No. 4189-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Jquanta Collins; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
15) Docket No. 4188-EC-0514, Texas Education Agency, Educator Leadership and Quality Division v. Debra Ann Beisert; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
16) Docket No. 3222-EC-0714, Texas Education Agency, Educator Leadership and Quality Division v. Autumn Kee Brown; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Permanent Revocation
17) Docket No. 5091-EC-0614, Texas Education Agency, Educator Leadership and Quality Division v. Virginia Dawn Gibson; Action to be taken: Consideration of Issuance of Default Judgment.
Staff recommendation: Revocation
II. Proposals for Decision
18) Docket No. 701-14-3055.EC, Texas Education Agency, Educator Leadership and Quality Division v. Aaron C. Reeves; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation: Permanent Revocation
Staff Recommendation: Permanent Revocation
III. Motion for Rehearing
19) Docket No. 5071-EC-0114, Texas Education Agency, Educator Leadership and Quality Division v. Amadeo Alaniz, III; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.
Motion for rehearing was overruled by operation of law on September 25, 2014.
IV. Appeals
1) State Board for Educator Certification v. Robert D. Lange; Cause No. 03-12-00453-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
2) State Board for Educator Certification v. Erasmo Montalvo; Cause No. 03-13-00370-CV, In the Court of Appeals, Third Judicial District, Austin, Texas.
3) State Board for Educator Certification v. Erasmo Montalvo; Cause No. 13-0537, In the Supreme Court, Austin, Texas.
4) Barry Ryan Davis v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-12-003413, In the 201st District Court of Travis County, Texas.
5) Don Madden v. State Board for Educator Certification; Cause No. 14-0532, In the Supreme Court of Texas.
B. Pending Litigation
The Board may discuss any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting.
None.
6. Consider and Take Appropriate Action on the Memorandum of Agreement (MOA) Between the State Board for Educator Certification (SBEC) and the Texas Education Agency (TEA)
This item presents the State Board for Educator Certification (SBEC) an opportunity to consider and ratify the Memorandum of Agreement (MOA) with the Texas Education Agency (TEA) that clarifies the process by which the TEA will continue to provide the SBEC’s administrative services and functions pursuant to the Texas Education Code (TEC), §21.035. This MOA reflects the current commissioner as a signee, updates dates and clarifies that the MOA continues in operation absent a decision by one of the parties to end the agreement.
7. Consider and Take Appropriate Action on Proposed Revisions to Board Operating Policies and Procedures (BOPP)
This item provides the State Board for Educator Certification (SBEC) the opportunity to revise the Board Operating Policies and Procedures (BOPP). The proposed revisions would add procedures regarding the webcasts of SBEC regular and special meetings, whenever feasible; require written materials offered in lieu of oral comment to be submitted no later than 30 minutes prior to the meeting; remove the Code of Ethics Review Committee; remove the signature requirement for SBEC minutes; add clarification of the 30-day public comment period for proposed rule reviews and rule actions; and provide technical edits.
8. Consider and Take Appropriate Action on 2015-2018 Rule Review Plan for State Board for Educator Certification Rules
This item provides an opportunity for the State Board for Educator Certification (SBEC) to approve a proposed four-year rule review plan for SBEC rules. Texas Government Code, §2001.039, requires a rule review of existing state agency rules, including SBEC rules. The rule review requirement in Texas Government Code, §2001.039, is designed to ensure that the reasons for initially adopting the rule continue to exist.
9. Adoption of Proposed Amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments, and Subchapter C, Grades 6-8 Assignments (PDF 103KB)
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 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments, and Subchapter C, Grades 6-8 Assignments. The proposed amendments to 19 TAC Chapter 231, Subchapters B and C, would add the new Core Subjects: Early Childhood-Grade 6 and Core Subjects: Grades 4-8 certificates to every assignment that currently includes the Generalist: Early Childhood-Grade 6 and/or Generalist: Grades 4-8 certificates as an appropriate credential for placement in a particular teaching assignment. No changes are recommended since published as proposed.
10. Adoption of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §§233.1, 233.2, 233.6, 233.7, and 233.13 (PDF 49 KB)
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 233, Categories of Classroom Teaching Certificates, §§233.1, General Authority; 233.2, Generalist; 233.6, Bilingual Education; 233.7, English as a Second Language; and 233.13, Career and Technical Education (Certificates not requiring experience and preparation in a skill area). The proposed amendment to 19 TAC §233.2 would add new certificates for Core Subjects: Early Childhood-Grade 6 and Core Subjects: Grades 4-8 to be issued no earlier than January 1, 2015. The proposed amendments to 19 TAC §§233.2, 233.6, and 233.7 would add deadlines for completion and submission requirements for the last group of Generalist certificates the SBEC will issue. The proposed amendment to 19 TAC §233.13 would remove language relating to expiration of certain sections of the rule and, instead, would provide deadlines for completion and submission requirements for the last group of Agricultural Science and Technology: Grades 6-12 and Business Education: Grades 6-12 certificates the SBEC will issue. The proposed amendments to 19 TAC §233.1 and §233.13 would update administrative rule references. No changes are recommended since published as proposed.
11. Adoption of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification, and §249.16, Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53 (PDF 58KB)
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 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification, and §249.16, Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53. The proposed amendment to 19 TAC §249.15 would conform this section to the proposed amendments approved by the SBEC to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs. The proposed amendment to 19 TAC §249.16 would clarify that multiple statutory provisions provide the basis for certification actions based on criminal history. No changes are recommended since published as proposed.
12. Update and Discussion of Core Subjects EC-6 and Core Subjects 4-8 Tests
This item provides the State Board for Educator Certification (SBEC) an update on the new Core Subjects EC-6 and Core Subjects 4-8 tests scheduled for implementation in January 2015.
13. Consider and Take Appropriate Action on Passing Standards for Core Subjects EC-6 and Core Subjects 4-8 Tests
This item provides the State Board for Educator Certification (SBEC) the opportunity to review and approve passing standards for the new Core Subjects EC-6 and Core Subjects 4-8 tests. These passing standards will allow test results to be calculated and reported to candidates taking these examinations. Candidates in preparation programs need to demonstrate content mastery in particular subject areas in order to qualify for their certificates. This item requests consideration for the SBEC to review and approve a new passing standard for the examinations as recommended by the standard-setting committees of educators.
14. Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.9, Fees for Educator Preparation Program Approval and Accountability, and Chapter 230, Professional Educator Preparation and Certification, Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services (PDF 87KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.9, Fees for Educator Preparation Program Approval and Accountability, and Chapter 230, Professional Educator Preparation and Certification, Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services. As part of its report to the 83rd Texas Legislature, Regular Session, 2013, the Sunset Advisory Commission recommended a management action that fees in rule for educator certification and educator preparation programs (EPPs) be evaluated and adjusted to cover costs and ensure equity. The proposed amendments to 19 TAC §229.9 and §230.101 would adjust certain fees to more adequately cover costs and increase the equity of fees across different types of fee payers.
15. Proposed New 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.70, Complaints and Investigations (PDF 107KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose new 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.70, Complaints and Investigations Procedures. As part of its report to the 83rd Texas Legislature, Regular Session, 2013, the Sunset Advisory Commission recommended a management action that procedures for educator preparation program (EPP) complaints outline all phases of the EPP complaint process, as well as track and analyze complaint data. The proposed new rule would establish procedures for filing a complaint against an EPP, impose specific responsibilities on an EPP regarding complaints, and establish the consequences if an EPP is found to be in violation of SBEC rules and/or state or federal statutes.
16. Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status, §229.5, Accreditation Sanctions and Procedures, and §229.6, Continuing Approval (PDF 55KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status, §229.5, Accreditation Sanctions and Procedures, and §229.6, Continuing Approval. As part of its report to the 83rd Texas Legislature, Regular Session, 2013, the Sunset Advisory Commission recommended a management action that procedures for educator preparation program (EPP) complaints outline all phases of the EPP complaint process, including resulting sanctions. Proposed new 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.70, Complaints and Investigations, would add these procedures in rule, and, as a result, proposed amendments to Chapter 229 are necessary.
17. Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter E, Grades 9-12 Assignments (PDF 72KB)
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 E, Grades 9-12 Assignments. The proposed revisions to 19 TAC Chapter 231, Subchapter E, would clarify the appropriate credential for placement in a particular teaching assignment and ensure alignment with changes to public school curriculum as a result of House Bill 5, 83rd Texas Legislature, Regular Session, 2013.
18. Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §§233.3, 233.4, 233.5, and 233.14 (PDF 65KB)
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; §233.3, English Language Arts and Reading; Social Studies; §233.4, Mathematics; Science; §233.5, Technology Applications and Computer Science; and §233.14, Career and Technical Education (Certificates requiring experience and preparation in a skill area). The proposed amendments to 19 TAC §§233.3-233.5 and 233.14 would add deadlines for completion and submission requirements for specific Grades 8-12 certificates in the subject areas of English Language Arts and Reading, Social Studies, Mathematics, Science, Technology Applications and Computer Science, and Career and Technical Education (Certificates requiring experience and preparation in a skill area).
19. Proposed Review and Discussion of 19 TAC Chapter 241, Principal Certificate (PDF 108KB)
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 the proposed review and discussion of 19 TAC Chapter 241, Principal Certificate. The SBEC plans to review, discuss, and propose changes to 19 TAC Chapter 241 in the coming months based on the work of stakeholder meetings. Given the breadth of input and resulting rule changes expected, it is necessary to reset the four-year rule review cycle of this chapter to begin October 2014 to conduct the review concurrently with the stakeholder meetings
20. Proposed Review and Discussion of 19 TAC Chapter 242, Superintendent Certificate (PDF 108)
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 the proposed review and discussion of 19 TAC Chapter 242, Superintendent Certificate. The SBEC plans to review, discuss, and propose changes to 19 TAC Chapter 242 in the coming months based on the work of stakeholder meetings. Given the breadth of input and resulting rule changes expected, it is necessary to reset the four-year rule review cycle of this chapter to begin October 2014 to conduct the review concurrently with the stakeholder meetings.
21. Update on Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates (PDF 109KB)
Texas Education Code (TEC), §21.042, requires the State Board for Educator Certification (SBEC) to submit a written copy of each rule it proposes to adopt to the State Board of Education (SBOE) for review. At its September 2014 meeting, the SBOE reviewed and rejected the proposed revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. The Texas Education Agency staff will provide an update and status on the proposed revisions to 19 TAC Chapter 227.
22. Discussion of 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter D, Types and Classes of Certificates Issued, §230.37, Probationary Certificates, and Subchapter F, Permits, §230.77, Specific Requirements for Initial Emergency Permits (PDF 112KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the provisions in 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter D, Types and Classes of Certificates Issued, §230.37, Probationary Certificates, and Subchapter F, Permits, §230.77, Specific Requirements for Initial Emergency Permits.
23. Discussion of 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, §239.60, Requirements for the Issuance of the Standard School Librarian Certificate (PDF 75KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the rulemaking timeline and process in response to the citizen petition to initiate rulemaking on 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, §239.60, Requirements for the Issuance of the Standard School Librarian Certificate. At the August 2014 SBEC meeting, the SBEC directed Texas Education Agency (TEA) staff to initiate the rulemaking process regarding the two creditable years of teaching experience currently required for issuance of the Standard School Librarian Certificate.
24. Sunset Matters
25. Legislative Committee Matters
26. Requests from Board Members for Future Agenda Items
27. Requests Received from the Board Since Last Meeting
28. 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.