September 30, 2022 SBEC Meeting Agenda

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. 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 4 - 8 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such items shall be acted upon by one vote without separate discussion, unless a Board member requests that an item be withdrawn for individual consideration.

4. Request to Approve July 21, 2022 Work Session Minutes

5. Request to Approve July 22, 2022 Board Meeting Minutes

6. Proposed Rule Review of 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

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 proposed review of 19 Texas Administrative Code (TAC) Chapter 233, Categories of Classroom Teaching Certificates. The rules under review establish separate certificate categories within the certificate class for the classroom teacher. These categories identify the content areas or special populations the holder may teach, the grade levels the holder may teach, and the earliest dates the certificates may be issued.

7. Adoption of Proposed Revisions to 19 TAC Chapter 241, Certification as Principal

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 241, Certification as Principal. The proposed revisions would implement House Bill (HB) 159, 87th Texas Legislature, Regular Session, 2021, to update the educator standards for the Principal as Instructional Leader certificate to reflect the qualifications of certification as a principal. The proposed revisions would also repeal outdated Subchapter B, Principal Certificate, and would provide technical edits where needed. No changes are recommended since published as proposed, but additional changes may be recommended at the time of the meeting based on public comment.

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 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. 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

9. Consideration of Petitions for Adoption of Rule Change Concerning 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 consider two petitions for rulemaking regarding 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements, filed pursuant to Texas Government Code, §2001.021. The petitioners request an amendment to 19 TAC §230.11(b)(5)(B) and (C), General Requirements, to establish one minimum passing score for all four sections of the Test of English as a Foreign Language-Internet Based Test (TOEFL iBT) and to add another country to the list of countries approved by the SBEC to satisfy the English language proficiency requirement.

10. Approval of Proposed 2023 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 2023.

 

DISCIPLINARY CASES

11. Pending or Contemplated Litigation, including Disciplinary Cases

1. Defaults

No Answer Defaults

1. In the Matter of Jasmine Monet Adams; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

2. In the Matter of John S. Almasi; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

3. In the Matter of Anam Iqbal Bhamani; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

4. In the Matter of Miranda Pearl Chachere; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

5. In the Matter of Bryanna D. Charles; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

6. In the Matter of Ovidio Cesar Gonzalez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

7. In the Matter of Bianca Mercedes Hall; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

8. In the Matter of LaChelle James; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

9. In the Matter of Blake Price; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

10. In the Matter of Quanethia Rhodes; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

11. In the Matter of Gabriel Gray Santillan; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

12. In the Matter of Amanda Schroeder; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

13. In the Matter of Jessica Vaquero; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

14. In the Matter of Ora-Anna Brown; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

15. In the Matter of Alexandra DeHaven; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

16. In the Matter of Jennifer Nicole King; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

17. In the Matter of Marissa Shae Mix; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

18. In the Matter of Amy D. Sammons; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

19. In the Matter of Kimberly Anne Kane; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

20. In the Matter of Seth McCool; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

21. In the Matter of Kendrick B. Payne; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

22. In the Matter of Devin C. Ruby; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

23. In the Matter of Rose Ann Verstynen; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

24. In the Matter of Cesar De La Portilla; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

25. In the Matter of Tyler D. de Salazar; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

26. In the Matter of Danielle Hudson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

27. In the Matter of Cecilia Noel; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

28. In the Matter of Adam Kraig Reeves; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

29. In the Matter of Olivia R. Telebelsarfi; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

30. In the Matter of Deyavor Roshell Harnage; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

31. In the Matter of Elsa Ramirez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspensio

32. In the Matter of James D. Sartor; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

34. In the Matter of Michael Chase Borger; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

35. In the Matter of Layla Michelle Englade; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

36. In the Matter of Carolyn Sue Fogel; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

37. In the Matter of Cleveland S. Harris Jr.; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

38. In the Matter of Todd M. Hemingway; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

39. In the Matter of Erica M. Jones-Johnson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

40. In the Matter of Jessika L. Patten; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

41. In the Matter of Sydney Peltier; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

42. In the Matter of Jennifer K. Qualia; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

43. In the Matter of Silvina Salazar; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

44. In the Matter of Jayla Janae Sanders; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

45. In the Matter of Brandi Stephens Nobles; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

46. In the Matter of Jacob Vasquez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

47. In the Matter of Gene Bills III; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

48. In the Matter of Claire Burke; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

49. In the Matter of Mallory Sydney Daigle; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

50. In the Matter of Jason Darnell; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

51. In the Matter of Kyteja Davidson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

52. In the Matter of Danielle Isles; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

53. In the Matter of Dylan Lambert; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

54. In the Matter of Christian Ortiz; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

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

Staff recommendation:           1-year suspension

56. In the Matter of Clarence Texada III; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

57. In the Matter of Kristin N. Tillotson; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

58. In the Matter of Januerri Torres; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:              1-year suspension

59. In the Matter of Victoria Walker; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           1-year suspension

60. In the Matter of Jake Michael Shanley; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Suspension until expiration of certificate on January 22, 2023

61. In the Matter of Amanda Nicole Cheatham; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           11-month suspension

62. In the Matter of Elizabeth Umanzor; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           11-month suspension

63. In the Matter of Lana M. Garcia; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           11-month suspension

64. In the Matter of Michael David Kawazoe; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           11-month suspension

65. In the Matter of Veasna Chhim; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           2-year suspension

66. In the Matter of Amy Dian Bedinger; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

67. In the Matter of Randy Arick Haddox Jr.; 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

68. In the Matter of Lisa R. Patton; 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

69. In the Matter of Douglas Othmar Schwarzenberger; 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

70. In the Matter of Zachary Cundiff; 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

71. In the Matter of Stephanie Victoria Luke; 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

72. In the Matter of Damian D. Davis; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

73. In the Matter of Jeffra G. Gutierrez; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Revocation

SOAH Defaults

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

Staff recommendation:           Permanent Revocation

2. In the Matter of Toni Davis; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Permanent Revocation

3. In the Matter of Fredrick Adarryl Chambers; Action to be taken:  Consideration of Issuance of Default Judgment

Staff recommendation:           Inscribed Reprimand
 

2. Contested Cases

Proposal for Decision

1. Docket No. 701-22-0254.EC, Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v Jeanette Motaghi; Action to be taken:  Consideration of Proposal for Decision and Issuance of Final Order.
    

ALJ Recommendation:           Respondent should not be sanctioned

Staff Recommendation:         Accept recommendation of ALJ

 

3. Court Cases

District Court Cases

1. Bradley Keith Bowen v. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division; No. 07-22-00190-CV; in the Seventh Court of Appeals, Amarillo, Texas, on Appeal from Cause No. D-1-GN-18-004203, in the 98^th District Court of Travis County, Texas.
2. Texas Education Agency, Educator Preparation, Certification, and Enforcement Division v. David Demiglio; 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 353^rd Judicial District for Travis County, Texas.

 

DISCUSSION ONLY

12. Discussion of SBEC Stakeholder Engagement

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss current stakeholder engagement activities and processes and the option of potential rule amendments to implement SBEC advisory committees.

13. Discussion of Proposed Revisions to 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, and Subchapter D, Reading Specialist Certificate

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed revisions to 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, and Subchapter D, Reading Specialist Certificate. The proposed revisions would update the standards for the School Librarian and Reading Specialist certificates. The proposed revisions reflect feedback provided by the SBEC-appointed advisory committees for the School Librarian and Reading Specialist certificates.

14. 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 (EPF).

15. 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, new Deafblind certification pathway, and additional upcoming educator certification exams.

16. Discussion of Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, and Subchapter C, Assessment of Educators

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, and Subchapter C, Assessment of Educators. The proposed amendments would redefine Pilot Exam; would provide a technical edit to align with the titles in subsections; would specify the timeline by which a passing score on a certification exam can be used for certification purposes; would decrease the number of days to request a test limit waiver after an unsuccessful examination attempt; would add clarification that candidates who meet the qualifications for this temporary exemption can include the Science of Teaching Reading exam in their exemption request; 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.

17. Discussion of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

This item provides the State Board for Educator Certification (SBEC) an opportunity to discuss proposed amendments to 19 Texas Administrative Code (TAC) Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would remove certificates no longer issued by the SBEC; would strike where applicable, language referencing deadlines for use of test scores for certificate issuance; would add three new special education certificates into rule; would update language specific to licensure requirements for cosmetology certification; and would propose the addition of a new foreign language certificate to the list of credentials issued by the SBEC. Technical changes would also provide clarification and consistent information related to the classroom teacher certificates issued by the SBEC.

18. Discussion of Internship Requirements

This item provides the State Board for Educator Certification (SBEC) with an opportunity to discuss the SBEC’s current rules regarding internship requirements to help determine if the SBEC should adopt a rule(s) that would allow candidates to complete an internship in a virtual setting to satisfy certification requirements.

19. Discussion of A+ Texas Teachers Educator Preparation Program’s Agreed Order

This item provides the State Board for Educator Certification (SBEC) an update on A+ Texas Teachers’ (ATT) Agreed Order.

20. Discussion of Teacher Performance Assessment Options

This item provides the State Board for Educator Certification (SBEC) an opportunity to continue discussions and address questions raised during the SBEC’s September 29, 2022 work session and provide guidance to staff on potential future rulemaking related to educator preparation program requirements, educator preparation program accountability, and educator certification requirements as they relate to teacher performance assessments.

INFORMATION ONLY

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

22. Board Operating Policies and Procedures (BOPP)

23. 2019–2022 Rule Review Plan for State Board for Educator Certification Rules

24. Adjournment

25. Statutory Citations