October 4, 2019 SBEC Meeting Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
OCTOBER 4, 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.ÌýÌý Call to Order
2.ÌýÌý Associate Commissioner’s Comments Regarding the SBEC Agenda
3.ÌýÌýÌýPublic 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 AGENDAÌý
4.ÌýÌý Consider and Take Appropriate Action on Request to Approve July 25, 2019 Work Session Minutes
5.ÌýÌý Consider and Take Appropriate Action on Request to Approve July 26, 2019 Board Meeting MinutesÌý
DISCUSSION AND ACTION
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 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed amendments 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–Grade 3 (EC–3) and Trade and Industrial Workforce Training: Grades 6–12 certificates, and would clarify the implementation date in Subchapter A. The proposed amendments 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 °ÄÃÅ×î¿ì¿ª½±Ö±²¥ (°ÄÃÅ×î¿ì¿ª½±Ö±²¥) staff recommendations. Since published as proposed, a change to the implementation date of PACT has been made to ensure that the assessments will be available to candidates when the rule takes effect. 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, proposed amendments to 19 Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs. The proposed amendments would provide for commendations for high-performing EPPs; would adopt the accountability manual into rule; would adjust the performance standard for the accountability indicator for the pedagogy and professional responsibility (PPR) examinations; would clarify performance standards; would clarify the determination of EPP, certification class, or category accreditation status; would allow for the SBEC to require EPP action plans; and would allow for a contested case hearing of a certification class or category. Technical changes would also remove outdated provisions, clarify processes, and update language to align with other chapters. 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, proposed revisions to 19 Texas Administrative Code (TAC) Chapter 234, Military Service Members, Military Spouses, and Military Veterans. The proposed revisions would implement Senate Bill (SB) 1200, 86th Texas Legislature, Regular Session, 2019. The proposed revisions would allow military spouses licensed in other states, and in good standing, to teach in Texas with the credential issued by another state. Additional revisions would streamline the credentials review and certificate issuance process for all members of the military community (military service members, military spouses, and military veterans). 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, proposed repeal of 19 Texas Administrative Code (TAC) Chapter 239, Student Services Certificates, Subchapter E, Master Teacher Certificate. The proposed repeal of 19 TAC Chapter 239, Subchapter E, would implement the requirements of House Bill 3 (HB 3), 86th Texas Legislature, 2019. HB 3 requires that effective September 1, 2019, the SBEC can no longer issue or renew master teacher certificates. HB 3 also specifies that master teacher certificates will be designated as "legacy" certificates and recognized for assignment purposes until they expire. 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 review of 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions. The rules being reviewed provide requirements relating to certificate renewal and continuing professional education and national criminal history record information review of active certificate holders.
This item provides the State Board for Educator Certification (SBEC) an opportunity to consider and take appropriate action on proposed amendments to 19 Texas Administrative Code (TAC) Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines. The proposed amendments would implement House Bill (HB) 3, Senate Bills (SBs) 1230, 1476, and 37, 86th Texas Legislature, 2019, by reflecting new reporting requirements for superintendents, principals, and directors of public schools and private school administrative officers; adding individuals listed on the registry of persons ineligible to work in public schools to the people that must be fired or refused employment by a certified educator; and removing the reference to student loan default as a ground for discipline by the SBEC. The proposed amendments would also expand the factors for "good cause" for contract abandonment and allow the SBEC to deny the application for certification of any person who had abandoned a Texas Education Code (TEC), Chapter 21, contract within the preceding 12 months. The proposed amendments would also make technical changes to improve the readability of provisions and to align citations.
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 230, Professional Educator Preparation and Certification. The rules under review set out SBEC's authority, and the procedures specify the requirements for issuance of educator certificates and permits, the testing requirements and associated fees, and the types and classes of certificates issued. These requirements ensure that educators are qualified and professionally prepared to instruct the schoolchildren of Texas.
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve an agreed order to close Texas Alternative Certification Program Brownsville (TACPB) Preparation Program.
This item provides the State Board for Educator Certification (SBEC) an opportunity to approve programs for continuing approval (5 years) based on the results of the 2017–2018 and 2018–2019 reviews.
This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by Ana G. Méndez University, located in Dallas, to be approved as an educator preparation program through the alternative certification route. °ÄÃÅ×î¿ì¿ª½±Ö±²¥ (°ÄÃÅ×î¿ì¿ª½±Ö±²¥) 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.
According to the Texas Education Code (TEC), §21.038, the State Board for Educator Certification (SBEC) shall meet at least once in each quarter of the calendar year. The SBEC may meet at other times at the call of the presiding officer or as provided by the rules of the Board. The purpose of this item is to set the regular SBEC meeting dates for 2020.
DISCIPLINARY CASES
17.ÌýÌý Pending or Contemplated Litigation, including Disciplinary Cases
A.ÌýÌý ÌýDefaults
No Answer Defaults
1.ÌýÌý ÌýIn the Matter of Hilary Baker; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspensionÌý
2.ÌýÌý ÌýIn the Matter of Jeffry Dean Holmes; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspension
3.ÌýÌý ÌýIn the Matter of Trenton Kirklin; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspension
4.ÌýÌý ÌýIn the Matter of Kamesha McNeil; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspension
5.ÌýÌý ÌýIn the Matter of Dennery A. Menelas; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspension
6.ÌýÌý ÌýIn the Matter of Sara Molchany; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspension
7.ÌýÌý ÌýIn the Matter of Lisa M. Simpson; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspension
8.ÌýÌý ÌýIn the Matter of Nicole Deann Underwood; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspension
9.ÌýÌý ÌýIn the Matter of Raquel A. Wade Gant; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspension
10.ÌýÌý ÌýIn the Matter of Leslie Anne Williams; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspension
11.ÌýÌý ÌýIn the Matter of Billy Ray Duncan; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent RevocationÌý
12.ÌýÌý ÌýIn the Matter of Cooper Jones; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
13.ÌýÌý ÌýIn the Matter of Mary Leppert; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocation
14.ÌýÌý ÌýIn the Matter of William Jalmar Martin; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
15.ÌýÌý ÌýIn the Matter of Whusheane A. Perry; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
16.ÌýÌý ÌýIn the Matter of Jaime S. Ramos; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
17.ÌýÌý ÌýIn the Matter of Brian Sellers; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
18.ÌýÌý ÌýIn the Matter of Lori Lynn Slack; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
19.ÌýÌý ÌýIn the Matter of Ronald Baker; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
20.ÌýÌý ÌýIn the Matter of Stephen Lauren Sanders; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
21.ÌýÌý ÌýIn the Matter of Tracie L. Evans; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocation
22.ÌýÌý ÌýIn the Matter of Rhonda Rene Henry; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocation
23.ÌýÌý ÌýIn the Matter of Stephanie Kristine Reese; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
24.ÌýÌý ÌýIn the Matter of Eliza Maxine Sutton; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
25.ÌýÌý ÌýIn the Matter of Nancy Ann Weaner; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
26.ÌýÌý ÌýIn the Matter of Melva Williams; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocationÌý
27.ÌýÌý ÌýIn the Matter of Jena Rebecca Davis; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocation
28.ÌýÌý ÌýIn the Matter of Aracelia Garcia; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýPermanent Revocation
29.ÌýÌý ÌýIn the Matter of Norris Gene Hart; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocation
30.ÌýÌý ÌýIn the Matter of Melody L. Baker; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý2-year suspension and proof of successful completion of substance abuse treatment program
31.ÌýÌý ÌýIn the Matter of Andrea Joyce Harder; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý2-year suspension and proof of successful completionÌýof substance abuse treatment programÌý
32.ÌýÌý ÌýIn the Matter of ONekki Canclibra Holmes; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocationÌý
33.ÌýÌý ÌýIn the Matter of Kathryn Johnson; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý2-year suspension and proof of successful completion of substance abuse treatment programÌý
34.ÌýÌý ÌýIn the Matter of Melissa E. Kerlick; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocation
35.ÌýÌý ÌýIn the Matter of Kara Marleis Menchaca; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocationÌý
36.ÌýÌý ÌýIn the Matter of Brent Charles Rahlwes; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý2-year suspension and proof of successful completion of substance abuse treatment programÌý
37.ÌýÌý ÌýIn the Matter of Felica Ann Rendon; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocationÌý
38.ÌýÌý ÌýIn the Matter of Kimberly Vega; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocationÌý
39.ÌýÌý ÌýIn the Matter of Chris D. Zacharie; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý3-year suspension and proof of successful completion of substance abuse treatment program
40.ÌýÌý ÌýIn the Matter of Miriam Hernandez; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýRevocationÌý
41.ÌýÌý ÌýIn the Matter of Michael Sutton; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý2-year suspensionÌý
SOAH Defaults
1.ÌýÌý ÌýIn the Matter of Nathan McKinley Smith; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýDenial of certificationÌý
2.ÌýÌý ÌýIn the Matter of Christopher Metta Bexar; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý ÌýDenial of certificationÌý
3.ÌýÌý ÌýIn the Matter of Aida M. Hopes; Action to be taken: ÌýConsideration of Issuance of Default Judgment
Staff recommendation:ÌýÌý Ìý1-year suspensionÌý
B.ÌýÌý Contested Cases
Proposals for Decision
1.ÌýÌý ÌýDocket No. 701191711.EC, °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Leadership and Quality Division v. Eric Walker; Action to be taken: ÌýConsideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌý ÌýRevocation
Staff Recommendation:ÌýÌý ÌýAccept ALJ recommendationÌý
2.ÌýÌý ÌýDocket No. 701192366.EC, °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Leadership and Quality Division v. Teresa Enoch; Action to be taken: ÌýConsideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌý Ìý3-year suspension and any Board ordered trainingÌý
Staff Recommendation:ÌýÌý ÌýAccept ALJ recommendationÌý
3.ÌýÌý ÌýDocket No. 701190974.EC, °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Leadership and Quality Division v. Gilbert Salas; Action to be taken: ÌýConsideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌý Ìý2-year suspensionÌý
Staff Recommendation:ÌýÌý ÌýRevocationÌý
4.ÌýÌý ÌýDocket No. 701192501.EC, °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Leadership and Quality Division v. Byron Williams; Action to be taken: ÌýConsideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌý ÌýInscribed ReprimandÌý
Staff Recommendation:ÌýÌý Ìý2-year suspension
5.ÌýÌý ÌýDocket No. 701194484.EC, °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Leadership and Quality Division v. Cristal Rodriguez Olsen; Action to be taken: ÌýConsideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌý Ìý1-year suspension Ìý
Staff Recommendation:ÌýÌý ÌýAccept ALJ recommendation
6.ÌýÌý ÌýDocket No. 701193847.EC, °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Leadership and Quality Division v. Lisa Liberatore; Action to be taken: ÌýConsideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌý Ìý3-month suspensionÌý
Staff Recommendation:ÌýÌý Ìý8-month suspensionÌý
C.ÌýÌý Court Cases
District Court Cases
1.ÌýÌý ÌýDavid Turner v. °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Certification and Standards Division; Cause No. D-1-GN-17-002298, In the 250th District Court of Travis County, Texas.
2.ÌýÌý ÌýBradley Keith Bowen v. °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Certification and Standards Division; Cause No. D-1-GN-18-004203, In the 98th District Court of Travis County, Texas.Ìý
3.ÌýÌý ÌýBlake Tittle v. °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Certification and Standards Division; Cause No. D-1-GN-18-007716, In the 345th District Court of Travis County, Texas.Ìý
4.ÌýÌý ÌýCynthia Maria Garcia v. °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Certification and Standards Division; Cause No. D-1-GN-18-007719, In the 250th District Court of Travis County, Texas.Ìý
5.ÌýÌý ÌýLeo Joseph Tran v. °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Certification and Standards Division; Cause No. 03-18-00855-CV, In the Court of Appeals, Third District of Texas.Ìý
6.ÌýÌý ÌýAnna Luisa Kell v. °ÄÃÅ×î¿ì¿ª½±Ö±²¥, Educator Certification and Standards Division; Cause No. 03-19-00051-CV, In the Court of Appeals, Third District of Texas.Ìý
DISCUSSION ONLY
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, Subchapter E, Educational Aide Certificate, and Subchapter G, Certificate Issuance Procedures. The proposed revisions would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 3349, 85th Texas Legislature, 2017 and HB 3, 86th Texas Legislature, 2019. The proposed revisions to Subchapter C would reduce the number of days for computer and paper-based examination retakes from 45 to 30 days and would update the figure specifying the required test for issuance of the standard certification, including removal of Master Teacher and Principal, and the addition of Early Childhood–Grade 3, Science of Teaching Reading, and Trade and Industrial Workforce Training. The proposed revisions to Subchapter E would allow the educational aide I certificate to be issued as an industry-based certification for career and technical education course completions. Proposed changes to Subchapter G would clarify that requests for certificate corrections should be submitted to the °ÄÃÅ×î¿ì¿ª½±Ö±²¥ within six weeks from the original date of issuance. The proposed changes to this subchapter would also implement the requirement specified in statute that certified classroom teachers must complete training prior to receiving test approval for issuance of the Early Childhood: Prekindergarten–Grade 3 certificate.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The proposed revisions would implement the statutory requirements of HB 18, 86th Texas Legislature, 2019, provide specification for approval of teaching sites that are not °ÄÃÅ×î¿ì¿ª½±Ö±²¥ accredited public schools, and specify transferrable programmatic requirements.
20.ÌýÌý Discussion of 2018–2019 Formal Complaints and Certification Deactivations
This item provides the State Board for Educator Certification (SBEC) an opportunity to review and discuss the educator preparation program (EPP) complaints process and a summary of complaints processed from July 2018 through July 2019. This item provides context for Board action in the future regarding excessive or unresolved formal complaints filed against EPPs. This item also provides the opportunity to review the certification deactivations processed for 2018–2019 and the impact upon students and campuses.
21.ÌýÌý Discussion of edTPA Pilot and Test Development UpdatesÌý
This item provides the State Board for Educator Certification (SBEC) an update on the edTPA pilot and upcoming educator certification test development.
INFORMATION ONLY
22.ÌýÌýÌýBoard Operating Policies and Procedures (BOPP)
23.ÌýÌýÌý2019–2022 Rule Review Plan for State Board for Educator Certification Rules
24.ÌýÌý Requests from Board Members for Future Agenda Items
25.ÌýÌýÌýRequests Received from the Board Since Last MeetingÌý
26.ÌýÌý 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.