August 7, 2015 SBEC Meeting Agenda
STATE BOARD FOR EDUCATOR CERTIFICATION
MEETING AGENDA
August 7, 2015 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.ÌýÌýÌý Call to Order
2.ÌýÌýÌý Associate Commissioner’s Comments Regarding the SBEC AgendaÌý
3.ÌýÌýÌý Public Comment
4.ÌýÌýÌý Consider and Take Appropriate Action on Request to Approve June 12, 2015 Board Meeting Minutes
5.ÌýÌýÌý Consider and Take Appropriate Action on Request to Approve 2016 SBEC Board Meeting Dates (PDF 128 KB) Ìý
6.ÌýÌýÌý Consider and Take Appropriate Action on Adoption of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8Assignments, and Subchapter E, Grades 9-12 Assignments (PDF 83 KB)
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 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, and Subchapter E, Grades 9-12 Assignments. The proposed amendments to 19 TAC §§231.49, 231.65, 231.71, 231.73, 231.75, 231.77, 231.211, 231.213, 231.241, 231.573, and 231.591 and proposed new 19 TAC §§231.81, 231.193, 231.195, 231.395, 231.579, and 231.581 would clarify the appropriate credential for placement in a particular teaching assignment. No changes are recommended since published as proposed.
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. The proposed amendments would modify the certified educator discipline process to clarify that the SBEC has final approval of each settlement by voting on agreed orders and that the SBEC may sanction an educator for a violation of the Texas Education Code (TEC), §22.085. The proposed amendments would also modernize and clarify the description of the procedures SBEC follows for final orders. Changes are recommended to 19 TAC §249.35 since published as proposed to provide more details in the rule about the process of handling proposed agreed orders. A change is also recommended to the proposed amendment to 19 TAC §249.39 that was published to allow a party the ability to agree to receive board orders via facsimile or via email.
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 TAC Chapter 233, Categories of Classroom Teaching Certificates. The rules being reviewed establish the certificate categories within the certificate classes for classroom teachers.
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 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 and administrators employed in Texas public schools.
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 244, Certificate of Completion of Training for Appraisers, §244.1, General Provisions, and §244.2, Training for Appraisers of Educators in School Districts Using a Recommended Appraisal Process. The proposed amendments to 19 TAC §244.1 and §244.2 would replace references to the old state-recommended teacher appraisal system, the Professional Development and Appraisal System (PDAS), with references to the new state-recommended teacher appraisal system, the Texas Teacher Evaluation and Support System (T-TESS), and would add language to include training for appraisers of principals using the new state-recommended principal appraisal system, the Texas Principal Evaluation and Support System (T-PESS).
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 242, Superintendent Certificate, §242.20, Requirements for the Issuance of the Standard Superintendent Certificate, and §242.25, Requirements for the First-Time Superintendent in Texas. The proposed amendments to 19 TAC §242.20 and §242.25 would provide an individual seeking a superintendent certificate the option to substitute managerial experience in a public school district for the requirement of a principal certificate.
The University of Texas - Rio Grande Valley is requesting approval for the Superintendent, Principal, School Counselor, Educational Diagnostician, Reading Specialist, and Master Reading Teacher certificate classes.
This item presents the State Board for Education Certification (SBEC) the opportunity to approve Educator Preparation Advisory Committee (EPAC) members.
14.Ìý Discussion of Appointment of Classroom Teacher Standards Advisory Committee to Recommend Standards for Classroom Teachers (PDF 45 KB)
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the appointment of an advisory committee to recommend educator standards for the classroom teacher class of certificate. The committee would explore alternatives to the current process for development, review, and approval of educator standards, which define Educator Preparation Program (EPP) and certification testing requirements.
This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a proposed Texas Education Agency (Ïã¸ÛÁùºÏ²Ê¿ª½±½á¹û2023) staff recommendation that the SBEC take action to impose conditions on the continuing approval of TeacherBuilder.com to provide educator preparation.
This item provides the State Board for Educator Certification (SBEC) the opportunity to approve a 2013-2014 Accountability System for Educator Preparation Programs (ASEP) Accreditation Status for TeacherBuilder.com.
This item provides the State Board for Educator Certification (SBEC) an update on the Core Subjects EC-6 and Core Subjects 4-8 certification exams that have been administered since January 2015. This item also provides the SBEC with an opportunity to provide Ïã¸ÛÁùºÏ²Ê¿ª½±½á¹û2023 staff with guidance on changes that need to be made to the exams.
18.Ìý Consider and Take Appropriate Action on Certification Examination Fee Increases (PDF 88 KB) Ìý
This item provides the State Board for Educator Certification (SBEC) the opportunity to review and approve implementation of increased fees for all certification examinations and related testing services effective September 1, 2015.
This item provides the Chair of the State Board for Educator Certification (SBEC) an opportunity to appoint members to a board committee to review proposed agreed orders and make recommendations for the full SBEC board to accept, reject or amend the proposed agreed orders.
This item provides the SBEC the opportunity to adopt changes to the Board Operating Policies and Procedures (BOPP) to set procedures for the committee that the SBEC voted to form at the June 2015 meeting to review and make recommendations on agreed orders relating to educator discipline. It also provides an opportunity for the SBEC to update the BOPP to comport with recent statutory changes.
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. As part of this item, Ïã¸ÛÁùºÏ²Ê¿ª½±½á¹û2023 staff will provide an update and status to allow the SBEC to discuss amendments and/or revisions to the rules based on the proposed August 2014 changes, recent legislative changes, SBEC member input, stakeholder input, and input received from staff at Ïã¸ÛÁùºÏ²Ê¿ª½±½á¹û2023.
22.Ìý Pending or Contemplated Litigation, including Disciplinary Cases and Agreed Orders
Notice: Agendas for future meetings will no longer contain a closed executive session notice at this location.Ìý They will contain one closed session notice at the end of the agenda.
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, andÌý 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. Defaults
Ìý1.ÌýÌýÌý In the Matter of Alexander Bing Chao; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý One year suspension
2.ÌýÌýÌý In the Matter of Ronalynn Degree; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý One year suspension
Ìý3.ÌýÌýÌý In the Matter of Esperanza DeLa Cruz; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý One year suspension
4.ÌýÌýÌý In the Matter of Kelly M. Grossman; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý One year suspension
5.ÌýÌýÌý In the Matter of Joycelyn Harris; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý One year suspension
6.ÌýÌýÌý In the Matter of Kimberly Shaun Jeffrey; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý One year suspension
7.ÌýÌýÌý In the Matter of Charles Kennedy, Jr.; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý One year suspension
8.ÌýÌýÌý In the Matter of Brendan Lavallee; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý One year suspension
9.ÌýÌýÌý In the Matter of Alyson Tomasello; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý One year suspension
Ìý10.Ìý In the Matter of Pamela Ayres; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý Revocation
11.Ìý In the Matter of Tammy Eaton; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý Revocation
12.Ìý In the Matter of Mary Leanne Heugel; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý Revocation
13.Ìý In the Matter of Crystal Johnson; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý Revocation
14.Ìý In the Matter of Lisa Ann Shuptrine; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý Revocation
15.Ìý In the Matter of Doretha Stots; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý Revocation
16.Ìý In the Matter of Sheryl Ann Yarbrough; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý Revocation
17.Ìý In the Matter of Orlando Fuentes; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý Revocation
18.Ìý In the Matter of Martha Nydia Guerra; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý Two year suspension
19.Ìý In the Matter of Juan Antonio Lara; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý Revocation
20.Ìý In the Matter of Brandi L. Looney; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý Revocation
21.Ìý In the Matter of Teddie Williamson, III; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý One year suspension
22.Ìý In the Matter of Clifford Blakely; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý Permanent Revocation
23.Ìý In the Matter of Vickie Jo Cain; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý Permanent Revocation
24.Ìý In the Matter of Hector Javier Garcia; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý Permanent Revocation
25.Ìý In the Matter of John Christopher Lo; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý Permanent Revocation
26.Ìý In the Matter of John W. McDaniel; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý Permanent Revocation
27.Ìý In the Matter of Paul Edward Tate; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý Permanent Revocation
28.Ìý In the Matter of Valdis Tinnagorn Terrell; Action to be taken:Ìý Consideration of Issuance of Default Judgment
Staff recommendation:ÌýÌýÌýÌý Two year suspension
29.Ìý In the Matter of Jessica Vullo; Action to be taken:Ìý Consideration of Issuance of Default JudgmentÌý
Staff recommendation:ÌýÌýÌýÌý Revocation
B. Agreed Orders Ìý
I.ÌýÌýÌýÌýÌý Investigations
1.ÌýÌýÌý In the Matter of Jorge Rivera
2.ÌýÌýÌý In the Matter of Jacqueline Marie Saldana
3.ÌýÌýÌý In the Matter of Crystal Lynne Whitlock
4.ÌýÌýÌý In the Matter of Gilberto Garza, Jr.
5.ÌýÌýÌý In the Matter of Rebecca J Waldron
6.ÌýÌýÌý In the Matter of Nelda Axum Condra
7.ÌýÌýÌý In the Matter of Julia Dale
8.ÌýÌýÌý In the Matter of Herminia Bustamante Phillips
9.ÌýÌýÌý In the Matter of David D. Morgan
10.Ìý In the Matter of David Lee Buffington
11.Ìý In the Matter of Holly Ann Walke
12.Ìý In the Matter of Tracy Stewart
II.ÌýÌýÌý Legal
1.ÌýÌýÌý In the Matter of Cathryn M. Blankenhorn
2.ÌýÌýÌý In the Matter of Christian D. Boydstun
3.ÌýÌýÌý In the Matter of Alyssa Sydney Garcia
4.ÌýÌýÌý In the Matter of Crystal Michelle Garcia
5.ÌýÌýÌý In the Matter of Lynette Pamela Gomez
6.ÌýÌýÌý In the Matter of Jose Hernandez
7.ÌýÌýÌý In the Matter of Cordeen Hudson
8.ÌýÌýÌý In the Matter of David Malcolm Kennedy
9.ÌýÌýÌý In the Matter of Shunique Mayo
10.Ìý In the Matter of Jesus Medina
11.Ìý In the Matter of Monica N. Ozane
12.Ìý In the Matter of Kristi Lee Pereira
13.Ìý In the Matter of Yamuna Wattuhewa
14.Ìý In the Matter of Brad Evilsizer
15.Ìý In the Matter of Victor Frederick Ward
16.Ìý In the Matter of Pamela Leonard
17.Ìý In the Matter of Carolyn E. Wurst
18.Ìý In the Matter of Robbie Denise Bland
19.Ìý In the Matter of Feleciah Joyce Brown
20.Ìý In the Matter of Brownie Peters
21.Ìý In the Matter of Jo Ann Reynolds
22.Ìý In the Matter of Jimmy Roberts
C. Response to SBEC Counteroffers on Agreed Final Orders Ìý
I. Investigations
None.
II.ÌýÌýÌý Legal
1.ÌýÌýÌý In the Matter of Dianna Lynn Espinoza
2.ÌýÌýÌý In the Matter of Alexis Adrianna Galvan
3.ÌýÌýÌý In the Matter of Rosario Galvan-OrtegaÌý
4.ÌýÌýÌý In the Matter of Denise Harper
5.ÌýÌýÌý In the Matter of Gerald Alexander Bruton
6.ÌýÌýÌý In the Matter of Josue Villarreal
D. Contested Cases
I.ÌýÌýÌýÌýÌý Proposals for Decision
1.ÌýÌý Docket No. 701151950.EC, Texas Education Agency, Educator Leadership and Quality Division v. Donald R. Douglas; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 10 year suspension concurrent with period of community supervision
Staff Recommendation:ÌýÌýÌýÌýÌýÌýÌýÌý Same
2.ÌýÌý Docket No. 701152133.EC, Texas Education Agency, Educator Leadership and Quality Division v. Anthony Rennie McGary; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý 6 year suspension probated while compliant with community supervision
Staff Recommendation:ÌýÌýÌýÌýÌýÌýÌýÌý 6 year suspension concurrent with community supervision
3.ÌýÌý Docket No. 701151310.EC, Texas Education Agency, Educator Leadership and Quality Division v. Mayra De La Garza; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Revocation
Staff Recommendation:ÌýÌýÌýÌýÌýÌýÌýÌý Revocation
4.ÌýÌý Docket No. 701151654.EC, Texas Education Agency, Educator Leadership and Quality Division v. Manuel Juarez; Action to be taken:Ìý Consideration of Proposal for Decision and Issuance of Final Order.
ALJ Recommendation:ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý No sanction
Staff Recommendation:ÌýÌýÌýÌýÌýÌýÌýÌý No sanction
II.ÌýÌýÌý Motions for Rehearing
1.ÌýÌý Docket No. 701144329.EC; Texas Education Agency, Educator Leadership and Quality Division v. Monique Niccole Irwin.
2.ÌýÌý Texas Education Agency, Educator Leadership and Quality Division v. Jeremy Johnson.
3.ÌýÌý Texas Education Agency, Educator Leadership and Quality Division v. Lara Elizabeth Wehmeyer.
4.ÌýÌý Texas Education Agency, Educator Leadership and Quality Division v. Antonio de Leon.
E.ÌýÌýÌý Court Cases
I.ÌýÌýÌýÌýÌý District Court Cases
Ìý1.ÌýÌýÌý Barry Ryan Davis v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-12-003413, In the 201stÌýDistrict Court of Travis County, Texas.
II.ÌýÌýÌý Appellate Cases
1.ÌýÌý 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.ÌýÌý 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.ÌýÌý Don Madden v. State Board for Educator Certification; Cause No. 14-0532, In the Supreme Court of Texas.Ìý
The Board may discuss any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting.
23.Ìý 2015 - 2018 Rule Review Plan for State Board for Educator Certification Rules (PDF 45) Ìý
24.Ìý Requests from Board Members for Future Agenda Items
25.Ìý Requests Received from the Board Since Last Meeting
26.Ìý 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.