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February 3, 2012 Agenda

 

STATE BOARD FOR EDUCATOR CERTIFICATION
DISCUSSION AND ACTION SESSION AGENDA 
February 3, 2012 at 9:00 a.m.
1701 N. Congress Ave., Room 1-104
Austin, Texas   
    


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 the following agenda items:

1. Call to Order

2. Associate Commissioner’s Comments Regarding the SBEC Agenda

3. Public Testimony

The Board will allocate up to thirty (30) minutes at the beginning of each regularly scheduled meeting of the Board for public testimony on non-agenda and consent agenda items.

CONSENT AGENDA

4. Approval of October 7, 2011 Board Meeting Minutes

DISCUSSION AND ACTION

5. Election of Board Vice-Chairperson

As permitted by the Texas Education Code and mandated by the Board’s Operating Policies and Procedures, the Board will elect one of its  members to serve as Vice-Chairperson until February 2013.

6. Election of Board Secretary

As permitted by the Texas Education Code and mandated by the Board’s Operating Policies and Procedures, the Board will elect one of its members to serve as Secretary until February 2013.

7. Adoption of Review of 19 TAC Chapter 231, Assignment of Public School Personnel 

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 231, Assignment of Public School Personnel. The rule being reviewed provides guidance to school districts with regard to the certificates required for specific assignments of public school educators.

8. Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.2, Definitions, and §228.35, Preparation Program Coursework and/or Training 

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.2, Definitions, and §228.35, Preparation Program Coursework and/or Training. The proposed amendments would be necessary as a result of Senate Bill (SB) 8, 82nd Texas Legislature, First Called Session, 2011, which requires flexible options for any field-based experience or internship required for certification, and SB 866, 82nd Texas Legislature, 2011, which requires dyslexia training in undergraduate university programs. The proposed amendments to 19 TAC §228.2 and §228.35 would also update the rules to comply with new statutory requirements for educator preparation programs to include dyslexia training and to clarify field-based experiences that must be completed prior to becoming a teacher of record under a probationary certificate.

9. Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification 

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose the repeal of 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, Definitions; Subchapter B, Assessment of Educators; Subchapter M, Certification of Educators in General; Subchapter N, Certificate Issuance Procedures; Subchapter O, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States; Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs; Subchapter Q, Permits; Subchapter S, Educational Aide Certificate; and Subchapter V, Induction Training for Beginning Teachers; and propose new 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. The proposed rule actions would be necessary as a result of the reorganization of the rules codified in Chapter 230. Proposed new 19 TAC Chapter 230, Subchapters A-H, would update statutory and administrative rule references and clarify and streamline the professional educator preparation and certification provisions to make them more accessible and understandable to the public. Proposed new 19 TAC Chapter 230, Subchapter C, would also include new statutory requirements as a result of Senate Bill (SB) 867, 82nd Texas Legislature, 2011. In addition, proposed new 19 TAC Chapter 230, Subchapter G, would include new statutory requirements as a result of SB 54, 82nd Texas Legislature, 2011.

10. Proposed Repeal of and New 19 TAC Chapter 232, General Certification Provisions

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose the repeal of 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Types and Classes of Certificates Issued; Subchapter B, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter C, National Criminal History Record Information Review of Active Certificate Holders; and propose new 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter B, National Criminal History Record Information Review of Active Certificate Holders. The proposed rule actions would be necessary as a result of the reorganization of the rules codified in Chapter 232. Proposed new 19 TAC Chapter 232, Subchapters A and B, would update statutory and administrative rule references and clarify and streamline the general SBEC certification provisions to make them more accessible and understandable to the public. Proposed new 19 TAC Chapter 232, Subchapter A, would also include new statutory requirements as a result of House Bill (HB) 1334 and Senate Bill (SB) 866, 82nd Texas Legislature, 2011.

11. Proposed Revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed revisions to 19 TAC Chapter 233 would update statutory and administrative rule references, as well as clarify and streamline the certification procedures and standards to make them more accessible and understandable to the public.

12. Consideration of and Opportunity to Approve the 2010-2011 Accountability System for Educator Preparation Programs (ASEP) Accreditation Statuses

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the proposed 2010-2011 accountability and accreditation statuses for educator preparation programs. There are three educator preparation programs recommended to receive an “Accredited – Warned” status. There are 134 programs recommended to be rated as “Accredited” and 10 “Accredited-Not Rated”. In accordance with 19 TAC §229.4 (g)(6)(h),18 programs are recommended to be required to submit action plans due to low pass rates and small numbers in a demographic group.

13. Consideration of and Opportunity to Approve Additional Classes of Certificates

• University of North Texas (Dallas, TX): School Counselor and Principal

14. Litigation Settlement Options in Pending or Contemplated Litigation, Disciplinary Cases, and Pending Litigation

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.
On June 18, 2009, the Board adopted Educator Certification Disciplinary Policy Guidelines in order to articulate and provide notice of its guiding policy considerations in educator discipline matters. The Guidelines, which appear under Item 14 of this agenda, were published in the Texas Register on August 7, 2009. 

A. Contested Cases

I. Defaults

1) Docket No. 4105-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. George McAllister; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

2) Docket No. 4117-EC-0811, Texas Education Agency, Educator Certification and Standards Division v. Karen Sue Jefferis; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

3) Docket No. 4113-EC-0711, Texas Education Agency, Educator Certification and Standards Division v. Cynthia Louise Kellebrew; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

4) Docket No. 4112-EC-0711, Texas Education Agency, Educator Certification and Standards Division v. Monica R. Caine; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

5) Docket No. 4111-EC-0711, Texas Education Agency, Educator Certification and Standards Division v. Daphney J. Reid; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

6) Docket No. 5031-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Clarence M. Painter, III; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

7) Docket No. 0907-EC-0210, Texas Education Agency, Educator Certification and Standards Division v. Jorge Manuel Chavarria; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 4 years Suspension

8) Docket No. 5033-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Gail A. Mazin; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

9) Docket No. 5039-EC-0711, Texas Education Agency, Educator Certification and Standards Division v. Juanita C. Guerrero; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 4 years Suspension

10) Docket No. 5008-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Deborah Ann Pryor; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

11) Docket No. 0874-EC-0811, Texas Education Agency, Educator Certification and Standards Division v. Braxton Harris; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

12) Docket No. 4115-EC-0711, Texas Education Agency, Educator Certification and Standards Division v. Cynthia Fuentes; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

13) Docket No. 4108-EC-0711, Texas Education Agency, Educator Certification and Standards Division v. Jose Luis Sanchez; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

14) Docket No. 0817-EC-0310, Texas Education Agency, Educator Certification and Standards Division v. Mara McDowell; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

15) Docket No. 5046-EC-0911, Texas Education Agency, Educator Certification and Standards Division v. Sahib Khalsa; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

16) Docket No. 3149-EC-0911, Texas Education Agency, Educator Certification and Standards Division v. Oscar David Williams, III; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 year Suspension

17) Docket No. 5047-EC-0911, Texas Education Agency, Educator Certification and Standards Division v. Victor Aguilar, Jr.; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

18) Docket No. 5049-EC-1011, Texas Education Agency, Educator Certification and Standards Division v. Norma Mora; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

19) Docket No. 5048-EC-1011, Texas Education Agency, Educator Certification and Standards Division v. Sarena Davis; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 6 years Suspension

20) Docket No. 5038-EC-0611, Texas Education Agency, Educator Certification and Standards Division v. Jennifer Ann Cantu; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

21) Docket No. 5051-EC-1011, Texas Education Agency, Educator Certification and Standards Division v. Dyrickeyo T. Johnson; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 1 year Suspension

22) Docket No. 5052-EC-1011,Texas Education Agency, Educator Certification and Standards Division v. Val Cornell Boyer; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

23) Docket No. 0876-EC-1011,Texas Education Agency, Educator Certification and Standards Division v. Monica Brandt; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 4 years Suspension

24) Docket No. 0879-EC-1011, Texas Education Agency, Educator Certification and Standards Division v. Melrose Suzanne Short; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

25) Docket No. 6001-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Giang Nam Pham; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Permanent Revocation

26) Docket No. 4120-EC-1011, Texas Education Agency, Educator Certification and Standards Division v. Jose Gregory Juarez; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 3 years Suspension

27) Docket No. 4123-EC-1011, Texas Education Agency, Educator Certification and Standards Division v. Randy W. Nace; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

28) Docket No. 4121-EC-1011, Texas Education Agency, Educator Certification and Standards Division v. Michael Bryan Rasmussen; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

29) Docket No. 4118-EC-1011, Texas Education Agency, Educator Certification and Standards Division v. Suzanna Segovia; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

30) Docket No. 4119-EC-1011, Texas Education Agency, Educator Certification and Standards Division v. Doralisa Alvarado; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 5 years Suspension

31) Docket No. 3153-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Virginia Nell Green; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

32) Docket No. 3152-EC-1111, Texas Education Agency, Educator Certification and Standards Division v. Rene M. Juarez; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: Revocation

33) Docket No. 701-11-6246.EC, Texas Education Agency, Educator Certification and Standards Division v. Albert T. Walker; Action to be taken: Consideration of Issuance of Default Judgment.

Staff recommendation: 2 years Suspension

II. Proposals for Decision

34) Docket No. 701-11-8047.EC; Texas Education Agency, Educator Certification and Standards Division v. Adedayo Adebayo; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation: Revocation

35) Docket No. 701-10-1119.EC; Shantelle M. Garcia v. Texas Education Agency, Educator Certification and Standards Division; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation: Deny Certification

36) Docket No. 701-11-6244.EC; Texas Education Agency, Educator Certification and Standards Division v. Cruz Lechuga; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

Staff recommendation: Revocation

37) Docket No. 701-11-6245.EC; Texas Education Agency, Educator Certification and Standards Division v. Miriam Annette Turner; Action to be taken: Consideration of Proposal for Decision and Issuance of Final Order.

ALJ recommendation: 1 year Active Suspension, Probated Suspension for remainder of probation until July 7, 2018
Staff recommendation: 3 years Active Suspension, Probated Suspension for remainder of probation until July 7, 2018

III. Motions for Rehearing

None

IV. Appeals

1) Gilberto Gomez v. Texas Education Agency, Educator Certification and Standards Division, and Robert Scott, Commissioner of Education, in his Official Capacity; Cause No. 03-10-00128-CV, In the Court of Appeals for the Third District of Texas at Austin, Texas.
2)Andra Barton v. State Board for Educator Certification; Cause No. 06-11-00078-CV, In the Court of Appeals for the Sixth District of Texas at Texarkana, Texas.
3) Don Madden v. State Board for Educator Certification; Cause No. D-1-GN-10-003843, In the 250th Judicial District Court of Travis County, Texas.
4) Sonia Sanchez v. Texas Education Agency, Educator Certification and Standards Division; Cause No. D-1-GN-10-003868, In the 345th Judicial District Court of Travis County, Texas.
5) Robert Lange v. State Board for Educator Certification; Cause No. D-1-GN-11-001843, In the 250th Judicial District Court of Travis County, 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.
1)Leah Mullins, Don Madden, and David Jeffers v. Texas Education Agency, Educator Certification and Standards Division, Cause No. D1-GN-08-00979, In the 345th Judicial District Court of Travis County, Texas. 

15. Action on Items Discussed in Executive Session

Pursuant to section 551.102 of the Texas Government Code, any deliberation and final action on matters discussed in Executive Session must be made in an Open Meeting. For any final action that the Board discussed in Executive Session, the Board will deliberate and take its action in Open Session.

DISCUSSION ONLY

16. Review of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates

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 review of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. The rules being reviewed provide requirements for admission to educator preparation programs and preliminary evaluation of certification eligibility.

17. Review of 19 TAC Chapter 228, Requirements for Educator Preparation Programs

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 review of 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The rules being reviewed provide requirements relating to educator preparation programs.

18. Discussion of Issues Related to 19 TAC Chapter 239, Student Services Certificates, Subchapter A, School Counselor Certificate

This item presents for discussion 19 TAC Chapter 239, Student Services Certificates, Subchapter A, School Counselor Certificate, at the request of a board member. The rules in Chapter 239, Subchapter A, provide criteria regarding admission to a school counselor preparation program, training requirements, and certification of school counselors.

INFORMATION ONLY

19. Board Operating Policies and Procedures (BOPP)

20. 2011-2014 Rule Review Plan for State Board for Educator Certification Rules

This item outlines the rule review plan for State Board for Educator Certification (SBEC) rules during the period of 2011 through 2014. Texas Government Code, §2001.039, requires a rule review of existing state agency rules, including SBEC rules. The rule review requirement is designed to ensure that the reasons for initially adopting a rule continue to exist.

DISCUSSION AND ACTION

21. Requests from Board Members for Future Board Items
22. Adjournment








The Board may meet in closed executive session, Texas Government Code, section 551.071 to seek legal advice regarding any item on this agenda.

Page last modified on 1/26/2012 11:01:35 AM.