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April 29, 2022 SBEC Meeting Agenda

State Board for Educator Certification

Meeting Agenda

April 29, 2022 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. Special Election of State Board for Educator Certification Officers

The State Board for Educator Certification will elect a Chairperson and Vice-Chairperson during a special election as the result of a recent board member vacancy.

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. Deputy Commissioner’s Comments and TEA Update

6. 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

The consent agenda will take up agenda items 7 - 13 with no discussion as notated in bold and italicized. The State Board for Educator Certification may elect to take separate action on any item on the consent agenda. All such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.

7. Request to Approve February 10, 2022 Work Session Minutes

8. Request to Approve February 11, 2022 Board Meeting Minutes

9. Adoption of Review of 19 TAC Chapter 235, Classroom Teacher Certification Standards

Texas Government Code (TGC), §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 review of 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards. The rules being reviewed specify the educator standards for the classroom teacher class of certificates.

10. Adoption of Review of 19 TAC Chapter 241, Certification as Principal

Texas Government Code (TGC), §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 review of 19 Texas Administrative Code (TAC) Chapter 241, Certification as Principal. The rules being reviewed provide requirements for issuance of a principal certificate.

11. Adoption of Review of 19 TAC Chapter 242, Superintendent Certificate

Texas Government Code (TGC), §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 review of 19 Texas Administrative Code (TAC) Chapter 242, Superintendent Certificate. The rules being reviewed provide requirements relating to the certification of superintendents.

12. Adoption of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; and Subchapter E, Grades 9–12 Assignments

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 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; and Subchapter E, Grades 9–12 Assignments. The proposed revisions would incorporate courses approved by the State Board of Education (SBOE), would add certificate areas to the list of credentials appropriate for placement into an assignment, and would incorporate technical edits where needed to improve readability and align citations. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

13. Adoption of Proposed Amendment to 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes

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 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment would update the SBEC’s petition procedures to allow for increased ease in submitting a petition for rulemaking for the SBEC’s consideration. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

DISCUSSION AND ACTION 

14. Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter E, Educational Aide Certificate, §230.55, Certification Requirements for Educational Aide I

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 E, Educational Aide Certificate, §230.55, Certification Requirements for Educational Aide I. The proposed amendment would update requirements for issuance of the Educational Aide I certificate to high school students who qualify for industry-based certification. The proposed amendment would also provide technical cross-reference and State Board of Education (SBOE) action updates.

15. Proposed Amendments to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.7, Requirements for Certificate Renewal

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss and propose amendments to 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.7, Requirements for Certificate Renewal. The proposed amendments would require that to renew an educator’s certificate, the educator must be in compliance with the terms of any SBEC order resulting from an educator discipline case against the educator. This would allow the SBEC to enforce its disciplinary orders more efficiently and consistently, particularly when the order requires an educator to take training or continuing education but does not suspend the educator’s certificate.

16. Approval of Continuing Education and Training Clearinghouse

This item provides the State Board for Educator Certification (SBEC) the opportunity to approve the Continuing Education and Training Clearinghouse, as required by Senate Bill (SB) 1267, 87th Texas Legislature, Regular Session, 2021.

17. Approval of Proposed Agreed Order for A+ Texas Teachers Educator Preparation Program

This item provides the State Board for Educator Certification (SBEC) the opportunity to consider and approve a proposed agreed order for A+ Texas Teachers (ATT) educator preparation program (EPP) to continue to operate with conditions.

18. Adoption of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment

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 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment. The proposed amendment would specify the timeline by which a passing score on a certification exam can be used for certification purposes; would update the figure specifying the required pedagogy certification exams for issuance of the probationary or standard certificate; and would remove certificate categories that are no longer operational. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

19. Discussion of New Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.27, Requirements for Prospective Performance-Based Pedagogy Examinations

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss new 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.27, Requirements for Prospective Performance-Based Pedagogy Examinations, that would set procedures and uniform minimum requirements that would allow the SBEC to identify performance-based pedagogy examinations for the SBEC to consider adopting as alternatives to edTPA.

DISCIPLINARY CASES

  1. Pending or Contemplated Litigation, including Disciplinary Cases

    A. Defaults

    No Answer Defaults
  1. In the Matter of Adam Canton; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

  1. In the Matter of Charles Mayberry-Smith; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

  1. In the Matter of Lauren Holbrook Tolman; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

  1. In the Matter of Scott A. Wingerter; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

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

Staff recommendation:           7-year suspension and proof of successful completion of substance abuse treatment program

  1. In the Matter of Ashley Bedford; 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 Brett Dalton; 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

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

Staff recommendation:           Revocation

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

Staff recommendation:           Revocation

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

Staff recommendation:           Revocation

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

Staff recommendation:           Revocation

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

Staff recommendation:           Permanent Revocation

  1. In the Matter of Diana Rose Garcia; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

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

Staff recommendation:           Permanent Revocation

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

Staff recommendation:           Permanent Revocation

  1. In the Matter of Laura Leigh Robinson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           2-year suspension

SOAH Defaults

  1. In the Matter of Gregory Dillon Nicholson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           Permanent Revocation

  1. In the Matter of Stephanie Denton; 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 

  1. Contested Cases

Proposals for Decision

  1. Docket No. 701-21-3393.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Jason Taylor Martinez; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:         Accept ALJ Recommendation

  1. Docket No. 701-21-0994.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. John Anthony Munoz, Jr.; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Permanent Revocation

Staff Recommendation:         Accept ALJ Recommendation

  1. Docket No. 701-22-0017.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Adam Soliz; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           1-year suspension

Staff Recommendation:         Accept ALJ Recommendation

  1. Docket No. 701-21-3049.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Delton D. Doxey; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Application for Texas Intern Certificate should be approved

Staff Recommendation:         Accept ALJ Recommendation

  1. Docket No. 701-22-0046.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. Christian Perez; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.

ALJ Recommendation:           Application for Texas Paraprofessional Certificate should be approved

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.
  3. 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.
  4. No. 13-21-00331-CV;  In the Court of Appeals for the Thirteenth Judicial District, Corpus Christi, Texas, On Appeal from Cause No. D-1-GN-20-001242, in the 353rd Judicial District for Travis County, Texas

DISCUSSION ONLY

21. 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.

22. 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 proposed amendments would provide for adjustments to the 2021–2022 Accountability System for Educator Preparation (ASEP) Manual; would implement Senate Bill (SB) 2066, 87th Texas Legislature, Regular Session, 2021; would clarify assessments used for accountability; would update procedures for EPP commendations; would provide the SBEC additional flexibility when sanctioning programs; and would clarify what data is used for the determination of accreditation statuses.

23. Discussion of Appointment of Bilingual Special Education Educator Standards Advisory Committee

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss the appointment of a standards advisory committee to develop Bilingual Special Education educator standards to implement House Bill (HB) 2256, 87th Legislature, Regular Session, 2021.

INFORMATION ONLY

24. Update of State Board for Educator Certification Enabling Legislation from the 87th Texas Legislature

25. Board Operating Policies and Procedures (BOPP)

26. 2019–2022 Updated Rule Review Plan for State Board for Educator Certification Rules

27. Adjournment

28. Statutory Citations

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. The presiding officer of the Board intends to be physically present in Room 1-104, William B. Travis Building, 1701 North Congress Avenue. Some members may attend via videoconferencing.

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