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October 1, 2021 SBEC Meeting Agenda

State Board for Educator Certification

Meeting Agenda

October 1, 2021 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:

Moment of Silence

Pledge of Allegiance

1. Call to Order

2. Associate Commissioner’s Comments Regarding the SBEC Agenda

3. Deputy Commissioner’s Comments and TEA Update

4. State Board for Educator Certification Welcome New Board Member and Recognition of Former Board Member

This item provides the State Board for Educator Certification (SBEC) an opportunity to welcome a new board member and recognize a former board member for their service to Texas schoolchildren and educators.

5. 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

6. Request to Approve July 22, 2021 Board Work Session Minutes

7. Request to Approve July 23, 2021 Board Meeting Minutes

DISCUSSION AND ACTION

8. Adoption 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 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. Chapter 229 establishes the performance standards and procedures for educator preparation program (EPP) accountability. The proposed amendments would provide for adjustments to the 2020–2021 Accountability System for Educator Preparation (ASEP) Manual due to the ongoing public health situation; implement House Bill (HB) 159, 87th Texas Legislature, Regular Session, 2021, to add students with disabilities to the student achievement ASEP performance indicator regarding student performance; provide additional clarity for certificate category calculations; and provide updates to the ASEP Manual. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

9. Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, and Subchapter E, Post-Hearing Matters

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, and Subchapter E, Post-Hearing Matters. The proposed amendments would implement House Bill (HB) 2519, 87th Texas Legislature, Regular Session, 2021, by amending the SBEC's rules to allow the SBEC to put conditions on a certificate without any additional sanction; to reduce the minimum sanction for contract abandonment that occurs 30–44 days in advance of the first day of instruction for the next school year; to clarify that sanctions for contract abandonment are subject to all mitigating factors and that mitigating factors can reduce a sanction to the point that the SBEC takes no disciplinary action against an educator; and to clarify the notice that the Texas Education Agency (TEA) sends sanctioned educators regarding the necessity of filing a motion for rehearing if the respondent wants to appeal the decision. The proposed amendments also reflect the results of the SBEC's recent work session on contract abandonment by expanding the definition of good cause for contract abandonment to include instances when a school district reduces an educator's pay and when an educator resigns after receiving written permission from school administration and by adding new mitigating factors that allow lower sanctions for contract abandonment when an educator gets a promotion, is assigned to another campus, or faces a threat of immediate physical harm.

10. Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose an amendment to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements. The proposed amendment would update the list of countries that permit individuals who have obtained the equivalent of a United States bachelor's or master's degree to be exempt from the Test of English as a Foreign Language internet-Based Test (TOEFL iBT) to demonstrate English language proficiency; would clarify that individuals who have already demonstrated English language proficiency to receive an SBEC-issued Texas certificate would not have to demonstrate English language proficiency again for purposes of admission into an educator preparation program (EPP) to obtain an additional Texas educator certificate; and would provide technical and grammatical edits.

11. Proposed Amendments to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 234, Military Service Members, Military Spouses, and Military Veterans. The proposed amendments would implement House Bill (HB) 139, 87th Texas Legislature, Regular Session, 2021. The proposed amendments would add the space force to the list of branches of the United States Armed Forces and would allow service members, spouses, and veterans to get credit toward educator certification requirements for clinical and professional experience.

12. 2020–2021 Continuing Approval Reviews of Educator Preparation Programs

This item provides the State Board for Educator Certification (SBEC) an opportunity to approve educator preparation programs for continuing approval for five years based on the results of the 2020-2021 reviews.

13. Approval of Proposed 2022 State Board for Educator Certification Meeting Dates

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 SBEC meeting and work session dates for 2022.

DISCIPLINARY CASES

14. Pending or Contemplated Litigation, including Disciplinary Cases

A. Defaults

No Answer Defaults

  1. In the Matter of Adiba Fayyaz Ratani; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Christopher M. Nanton; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Christopher Rutledge, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Derrick Baylor; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Jadah P. Odom; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Jeanine Abuahmad; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Kimberly Dair Taylor; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of LaMonica Jiles; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Lynn C. Patterson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Patrice Craft; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Roberto Ernesto Nanes, III; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Sandra E. Gibson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Andre Daniels; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

  1. In the Matter of Rebecca Vaughan; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

  1. In the Matter of Adam Stickelbault; 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

  1. In the Matter of Christia Schock; 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

  1. In the Matter of Eric Gomez; 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

  1. In the Matter of Justin Piwonka; 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

  1. In the Matter of Marcum Joseph Olano II; 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

  1. In the Matter of Valerie Bittner; 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

  1. In the Matter of Susan Bobbitt; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            3-year suspension and proof of successful completion of a substance abuse treatment program

  1. In the Matter of Yvonne Sanchez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            5-year suspension and proof of successful completion of substance abuse treatment program

  1. In the Matter of Andres Rodriguez, Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

  1. In the Matter of David Anthony Balsinger; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

  1. In the Matter of Salim Edward Black; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation 

  1. In the Matter of Sammy Cruz Martinez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

  1. In the Matter of Timothy Watson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

  1. In the Matter of Amber Parker; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

  1. In the Matter of Nicole Layvonne Warrior; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

  1. In the Matter of Alicia Villarreal; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

  1. In the Matter of Beverly K. Logue; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            10-year suspension

  1. In the Matter of Payne Stinchfield; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

  1. In the Matter of Derrick Wright; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

SOAH Defaults

  1. In the Matter of Oseloka Keys; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            1-year suspension

  1. In the Matter of Raul Salinas; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Revocation

  1. In the Matter of Jhoccio Gonzalez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:            Permanent Revocation

  1. Contested Cases

Proposals for Decision

  1. Docket No. 701211525.EC, Texas Education Agency, Educator Leadership and Quality Division v. Kenneth Dupre, II; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Revocation

Staff Recommendation:          Accept ALJ recommendation

  1. Docket No. 701211724.EC, Texas Education Agency, Educator Leadership and Quality Division v. Luis Garza; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Revocation

Staff Recommendation:          Accept ALJ recommendation

  1. Docket No. 701210009.EC, Texas Education Agency, Educator Leadership and Quality Division v. Hector Galvan; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Inscribed reprimand or a 1-year probated suspension

Staff Recommendation:          3-year suspension

  1. Docket No. 701211958.EC, Texas Education Agency, Educator Leadership and Quality Division v Austin Mintas; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Approve application for certification

Staff Recommendation:          Accept ALJ recommendation

  1. Court Cases

District Court Cases

  1. David Turner v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-17-002298, In the 250th District Court of Travis County, Texas.
  2. Bradley Keith Bowen v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-18-004203, In the 98th District Court of Travis County, Texas.
  1. Jamie Belinoski v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-19-002926, In the 53rd District Court of Travis County, Texas.
  2. David Demiglio v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; Cause No. D-1-GN-20-001242, In the 459th District Court of Travis County, Texas.

DISCUSSION ONLY

15. Discussion of Continuing Professional Education Requirements

This item provides the State Board for Educator Certification (SBEC) the opportunity to discuss recent legislation as a result of the 87th Texas Legislative Session and options for continuing professional education for renewal of a Texas educator certificate.

16. Discussion of Effective Preparation Framework Development

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss the Board’s vision for educator preparation program (EPP) quality and an update on the process to develop an Effective Preparation Framework.

17. Discussion of the edTPA Pilot Updates

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss the edTPA pilot, including the background and rationale for SBEC implementation of the edTPA pilot, implementation of the Year 1 and 2 edTPA pilots, including candidate participation and performance data for the Year 2 edTPA pilot, and Year 3 edTPA pilot activities and supports.

18. Discussion of the Special Education Certification Redesign and Test Development Updates

This item provides the State Board for Educator Certification (SBEC) an update on the test development and upcoming rulemaking related to the Special Education Certification Redesign and upcoming educator certification test development and associated rulemaking.

19. Discussion of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.2, Definitions, §228.10, Approval Process, §228.30, Educator Preparation Curriculum, §228.35, Preparation Program Coursework and/or Training

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs, §228.2, Definitions, §228.10, Approval Process, §228.30, Educator Preparation Curriculum, §228.35, Preparation Program Coursework and/or Training. The proposed amendments would implement Senate Bills (SBs) 226 and 1590, and House Bills (HBs) 139, and 159, 87th Texas Legislature, Regular Session, 2021. The proposed amendments would allow educator preparation programs the flexibility to replace up to one formal face-to-face observation with at least two formal virtual observations; would provide for training requirements for all educators with regard to students with disabilities and virtual instruction and virtual learning; and would allow service members, spouses, and veterans to get credit toward educator certification requirements for clinical and professional experience.

20. Discussion of Proposed Amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries. The proposed amendments would update the requirements for certification of educators from other countries. The proposed amendments reflect guidance provided by the SBEC at the July 2021 meeting.

21. Discussion of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. Chapter 230, Subchapter H, serves as a foundation for the practices and procedures related to issuance of Texas certification to individuals licensed in other states. The proposed amendments would provide clarification and updates to requirements for individuals licensed in other states to obtain a standard Texas educator certificate.

INFORMATION ONLY

22. SBEC-Related Legislative Update from the 87th Texas Legislature

23. Board Operating Policies and Procedures (BOPP)

24. 2019–2022 Rule Review Plan for State Board for Educator Certification Rules

25. Requests from Board Members for Future Agenda Items

26. Requests Received from the Board Since Last Meeting

27. 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.

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