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December 7, 2018 SBEC Meeting Agenda

STATE BOARD FOR EDUCATOR CERTIFICATION MEETING AGENDA DECEMBER 7, 2018 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.Call to Order   2.Associate Commissioner’s Comments Regarding the SBEC Agenda
 3.Program Recognition   This item provides the State Board for Educator Certification (SBEC) an opportunity to recognize the educator preparation programs (EPPs) at Region 4 Education Service Center (ESC) INSPIRE TEXAS and Yes Prep Public Schools.   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 October 5, 2018 Board Meeting Minutes  
DISCUSSION AND ACTION
6.Consider and Take Appropriate Action on Adoption of Proposed Revisions to 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards    This item provides the State Board for Educator Certification (SBEC) with an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed revisions to 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards. The proposed revisions would add the Texas Essential Knowledge and Skills (TEKS)-based certification standards; would add reference to the new certification standards for the Trade and Industrial Workforce Training: Grades 6-12 certificate to implement the statutory requirements of House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017; and would clarify the effective date of Subchapter D.  No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.
7.Consider and Take Appropriate Action on Adoption of Proposed Amendment to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status     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 Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs, §229.4, Determination of Accreditation Status. The proposed amendment to 19 TAC §229.4 would adjust the performance standard for the accountability indicator for principal appraisals, would clarify performance standards, and would remove outdated provisions. An additional change is recommended to 19 TAC §229.4 since published as proposed.
8.Consider and Take Action on Principal and Teacher Surveys for Accountability System for Educator Preparation Programs    This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and approve changes to the principal survey of first-year teachers and to the new teacher survey that were approved in Fall 2017 and piloted in Spring 2018. The principal and teacher surveys are factors in determining the performance of educator preparation programs (EPPs) in the Accountability System for Educator Preparation Programs (ASEP).
9.Consider and Take Appropriate Action on Petition for Adoption of Rule Change Concerning 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.15. Languages Other Than English    This item provides the State Board for Educator Certification (SBEC) an opportunity to consider a petition for rulemaking on 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.15, Languages Other Than English, filed pursuant to Texas Government Code, §2001.021. The petitioner requests an amendment to 19 TAC §233.15, Languages Other Than English, to add a new certificate for Tamil. The SBEC must either deny the petition or direct the Ä¢¹½ÊÓÆµ»ÆÆ¬ (Ä¢¹½ÊÓÆµ»ÆÆ¬) staff to initiate rulemaking proceedings.
10.Consider and Take Appropriate Action on Request to Approve New Class of Certificate at Relay Graduate School of Education 
This item provides the State Board for Educator Certification (SBEC) an opportunity to approve a request by Relay Graduate School of Education (Relay GSE), an approved and accredited educator preparation program (EPP) located in Houston, Texas, to offer the Principal as Instructional Leader EC-12 certificate in the Principal certificate class. Ä¢¹½ÊÓÆµ»ÆÆ¬ (Ä¢¹½ÊÓÆµ»ÆÆ¬) 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, Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, and Chapter 241, Principal Certificate.
11.Discussion and Update on Teacher Certification Redesign    This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss an update on the Teacher Certification Redesign, presented to the Board on August 2, and October 5, 2018, including substituting subject-matter only assessments for pre-admission content tests (PACT), the option of an intensive pre-service pathway towards certification, updating the current content exams, and the phase-in of edTPA, a performance-based portfolio assessment.   12.Discussion and Action Related to the State Board for Educator Certification Legislative Priorities 
This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and approve priorities for the upcoming 86th Texas Legislature.   DISCIPLINARY CASES
13.Pending or Contemplated Litigation, including Disciplinary Cases 
A.Defaults
No Answer Defaults   1.In the Matter of Edgar Ivan Bustillos Lopez; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:1 year suspension   2.In the Matter of Lee Annette Renfro; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:1 year suspension   3.In the Matter of Cary Neal Richmond; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:1 year suspension   4.In the Matter of Odis Cook; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation    5.In the Matter of Timothy Kenebrew; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation    6.In the Matter of Derek Lancaster; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation    7.In the Matter of Sergio Martinez, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation    8.In the Matter of Alberlardo Victor Torres, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation    9.In the Matter of Ervin Fisher, III; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:1 year suspension   10.In the Matter of Jacquingamen L. Alexander; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation   11.In the Matter of Rachel D. Black; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   12.In the Matter of Wyvonne De Lon Boyd; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   13.In the Matter of Brennan Casey; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:1 year suspension   14.In the Matter of Shane Collins; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   15.In the Matter of Terica Gizelle Davis; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   16.In the Matter of Steven T. Flores; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation   17.In the Matter of Chason Lee Hale; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:2 year suspension   18.In the Matter of Dylan Thomas Hollingsworth; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation   19.In the Matter of Sarvella Jackson; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation   20.In the Matter of Britney L. Orville; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation   21.In the Matter of Lorena Ovalles; 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    22.In the Matter of Michael T. Sheehan; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:3 year suspension   23.In the Matter of Andrea Talley; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   24.In the Matter of Robert Webb; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   25.In the Matter of Matthew Kyle Atchison; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   26.In the Matter of Raul Castillo; 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   27.In the Matter of Amanda Mae Brown Clayton; 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   28.In the Matter of Armando Flores; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   29.In the Matter of Janet Michelle Foster; 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   30.In the Matter of Jorge Guajardo; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation    31.In the Matter of Kevin Hooey; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   32.In the Matter of Deshawn Knighten; 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 Robert J. Merren; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   34.In the Matter of Jacob Cole Peralta; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   35.In the Matter of Tonya Ann Pierce; 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   36.In the Matter of Michael Bryan Rasmussen; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   37.In the Matter of Kerri Jean Rodriguez; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   38.In the Matter of Morris Stephens; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   39.In the Matter of Kyla Tucker; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation    40.In the Matter of Heather Paige Turnbow; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   41.In the Matter of Richard Zavala; 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   42.In the Matter of Adela Cruz; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   43.In the Matter of Rachel Mueck; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:3 year suspension    44.In the Matter of Leslie Price; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   SOAH Defaults   1.In the Matter of Melinda Key; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:1 year suspension   2.In the Matter of Deidra Combs; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Permanent Revocation   3.In the Matter of Daniel Weaver; Action to be taken:  Consideration of Issuance of Default Judgment   Staff recommendation:Revocation   B.Contested Cases   Proposals for Decision   1.Docket No. 701182774.EC, Ä¢¹½ÊÓÆµ»ÆÆ¬, Educator Leadership and Quality Division v. Kirvis Fontenot; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.   ALJ Recommendation:No Disciplinary Action be Taken    Staff Recommendation:Suspension from date of Board Order until March 1, 2022   2.Docket No. 701181459.EC, Ä¢¹½ÊÓÆµ»ÆÆ¬, Educator Leadership and Quality Division v. Adrian Charles Woodson; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.   ALJ Recommendation:Permanent Revocation   Staff Recommendation:Accept ALJ Recommendation   3.Docket No. 701181896.EC, Ä¢¹½ÊÓÆµ»ÆÆ¬, Educator Leadership and Quality Division v. Albert F. Reese; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.   ALJ Recommendation:No Disciplinary Action to be Taken      Staff Recommendation:Accept ALJ Recommendation   C.Court Cases   District Court Cases   1.Leo Joseph Tran v. Ä¢¹½ÊÓÆµ»ÆÆ¬, Educator Certification and Standards Division; Cause No. D-1-GN-16-001802, In the 126th District Court of Travis County, Texas.   2.David Turner v. Ä¢¹½ÊÓÆµ»ÆÆ¬, Educator Certification and Standards Division; Cause No. D-1-GN-17-002298, In the 250th District Court of Travis County, Texas.   3.Anna Luisa Kell v. Ä¢¹½ÊÓÆµ»ÆÆ¬, Educator Certification and Standards Division; Cause No. D-1-GN-17-002347, In the 419th District Court of Travis County, Texas.   4.Joel Trigo v. Ä¢¹½ÊÓÆµ»ÆÆ¬, Educator Certification and Standards Division; Cause No. D-1-GN-17-006874, In the 459th District Court of Travis County, Texas.   5.Bradley Keith Bowen v. Ä¢¹½ÊÓÆµ»ÆÆ¬, Educator Certification and Standards Division; Cause No. D-1-GN-18-004203, In the 98th District Court of Travis County, Texas.    DISCUSSION ONLY
14.Discussion of Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs    This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs. Chapter 229 establishes the performance standards and procedures for educator preparation program (EPP) accountability. The topics to be addressed during this discussion item include examination pass rates, commendations for high performing EPPs, calculation of accreditation determination, the accreditation status of a certification class or category, action plans, and adopting the accountability manual into rule.   15.Discussion of Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter E, All-level Certificate Standards    This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss proposed new 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter E, All-level Certificate Standards.  The proposed new rule would specify the certification standards for the English as Second Language (EC-12) Certificate.   16.Discussion of Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs    This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed revisions 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 amendments would also implement changes based on stakeholder input and Ä¢¹½ÊÓÆµ»ÆÆ¬ (Ä¢¹½ÊÓÆµ»ÆÆ¬) staff recommendations. The proposed revisions would add clarification for select definitions and would add language for admission requirements for the Early Childhood through Grade 3 (EC-3) certificate and for the Trade and Industrial Workforce Training: Grades 6-12 certificate and would clarify the effective date in Subchapter A.  The proposed revisions would provide clarity around subject-matter only assessments to be used for the pre-admission content tests.  
17.Discussion of Proposed Revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs    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 provide a definition for intensive pre-service training, create a new separate section for intensive pre-service requirements, provide an implementation date, and provide clarification for candidates seeking certification in two fields to have clinical teaching in the second field.   18.Discussion of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter D, Types and Classes of Certificates Issued, §230.36. Intern Certificates and §230.37. Probationary Certificates, and Subchapter G, Certificate Issuance Procedures, §230.105. Issuance of Additional Certificates Based on Examination    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 D, Types and Classes of Certificates Issued, §230.36. Intern Certificates and §230.37. Probationary Certificates, and Subchapter G, Certificate Issuance Procedures, §230.105. Additional Certificates Based on Examination. The proposed amendments would create new options for issuance of intern and probationary certificates for candidates who complete intensive pre-service. The item also highlights issues specific to additional certification by examination for consideration by the SBEC.   INFORMATION ONLY
19.Board Operating Policies and Procedures (BOPP) 
20.2019 - 2022 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.