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SBEC: May 4, 2007 Board Meeting Agenda

DISCUSSION AND ACTION SESSION AGENDA
November 2, 2007 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. Resolution for Dr. Shirley Neeley


3. Public Testimony
 The Board will receive public testimony for no longer than 30 minutes, unless the Board extends the time allotted by majority vote.


4. Certification Update
Staff will update the Board on certification functions.
a) Department Updates
  • Educator Standards
  • Credentialing Services
  • Certification Enforcement Unit
  • Investigations/Fingerprinting
b) Committee Updates
  • Code of Ethics Review Committee
  • Legislative Committee
c) Associate Commissioner Update
CONSENT AGENDA


5. Approval of the following items:

    *July 27, 2007 Board Meeting Minutes

    *August 8, 2007 Board Training Minutes

    *Special September 7, 2007 Board Meeting Minutes


6. Approval of Board Meeting dates for 2008
INFORMATION ONLY

7. 2007-2010 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 2007 through 2010. Texas Government Code, §2001.039, codifies the rule review of existing state agency rules including SBEC rules. The rule review requirement is designed to ensure that the reason for initially adopting a rule continues to exist.
DISCUSSION ONLY

8. Discussion of Proposed Revisions to 19 TAC Chapter 232, General Certification Provisions
The Board will have the opportunity to discuss proposed revisions to 19 TAC Chapter 232, General Certification Provisions, as part of the statutorily-required review of existing rules. The proposed revisions would update the rules to reflect current law and would add specificity to the requirements relating to types and classes of certificates issued, certificate renewal, and continuing professional education requirements.

9. Discussion of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates
The Board will have the opportunity to discuss proposed amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, as part of the statutorily-required review of existing rules. The proposed amendments would define the standards for classroom teaching certificates, update the rules to reflect current practices, and clarify the appropriate certification for specific assignment eligibility for the holders of the Early Childhood-Grade 4, Grades 4-8, Grades 8-12, and Early Childhood-Grade 12 certificates.
DISCUSSION AND ACTION

10. Proposed Revisions to Board Operating Policies and Procedures (BOPP)
The Board will have an opportunity to amend the BOPP to allow the Board to restrict registration for public testimony after a board meeting begins. This change will reduce interruptions and ensure that the meetings run smoothly and efficiently.

11. Proposed New 19 TAC Chapter 232, General Certification Provisions, Subchapter C, National Criminal History Record Information Review of Active Certificate Holders, and Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.436, Schedule of Fees for Certification Services
The Board will have an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed new 19 TAC Chapter 232, General Certification Provisions, Subchapter C, National Criminal History Record Information Review of Active Certificate Holders, and an amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.436, Schedule of Fees for Certification Services. Senate Bill (SB) 9, 80th Texas Legislature, 2007, authorizes and requires expanded criminal history information reviews for most classes of educators and school employees, including national criminal history background checks based on the submission of fingerprints for all certified educators currently employed by a public school entity. This expansive criminal history background review must be completed by September 1, 2011. The new subchapter would provide for the procedures that allow for the implementation of SB 9. This item also proposes an amendment to 19 TAC §230.436 that would update the national criminal history check fee in response to SB 9 and add an exception to the fee for reactivation of an inactive standard certificate if the certificate was placed on inactive status due to failure to submit the required criminal history record information. Additional rule text changes are recommended to 19 TAC §232.901, Purpose, and §232.907, Inactive Status, since published as proposed.

12. Proposed Revisions to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases Including Enforcement of the Educator’s Code of Ethics
The Board will have an opportunity to adopt, subject to State Board of Education (SBOE) review, proposed revisions to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases Including Enforcement of the Educator's Code of Ethics. The proposed revisions would update the rules to reflect current law and would streamline processes to promote a more efficient resolution of contested cases. This item also proposes changes to incorporate recommendations following a stakeholder meeting held on June 5, 2007, and to comply with Senate Bill (SB) 9, 80th Texas Legislature, 2007. Additional rule text changes are recommended to 19 TAC §249.13, Cancellation of an Erroneously Issued Certificate, and §249.37, Exceptions and Replies, since published as proposed

13. Plan for Implementation of Increased Certification Test Standards


14. Contested Cases and Litigation
The Board may meet in closed Executive Session, pursuant to section 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.

a) Disciplinary Cases

1) Docket No. 701-06-1468.EC, State Board for Educator Certification v. Carlos De La Garza; Action to be Taken: Consideration of Proposal for Decision and Issuance of Final Order,
2) Docket No. 701-06-1600.EC, Sarah Cenee Graham v. State Board for Educator Certification; Action to be Taken:  Consideration of Motion for Rehearing,
3) Docket No. 701-06-3211.EC State Board for Educator Certification v. Richard Perez; Action to be Taken:  Consideration of Proposal for Decision and Issuance of Final Order,
4) Docket No. 701-06-3378.EC State Board for Educator Certification v. Gary Scott Vernier; Action to be Taken:  Issuance of Default Judgment,
5) Docket No. 701-07-0536.EC State Board for Educator Certification v. Natalie Greco; Action to be Taken:  Consideration of Proposal for Decision and Issuance of Final Order,
6) Docket No. 701-07-0988.EC State Board for Educator Certification v. Alisa Felder; Action to be Taken:  Issuance of Default Judgment,
7) Docket No. 701-07-1544.EC State Board for Educator Certification v. Carrie Watts; Action to be Taken:  Consideration of Proposal for Decision and Issuance of Final Order,
8) Docket No. 701-07-1580.EC State Board for Educator Certification v. Karen Mavvaji; Action to be Taken:  Consideration of Proposal for Decision and Issuance of Final Order,
9) Docket No. 701-07-2418.EC State Board for Educator Certification v. Isaiah Carrillo; Action to be Taken:  Consideration of Proposal for Decision and Issuance of Final Order,
10) Docket No. 701-07-2419.EC State Board for Educator Certification v. David Stuntz; Action to be Taken:  Consideration of Proposal for Decision and Issuance of Final Order,
11) Docket No. 701-07-2434.EC State Board for Educator Certification v. Warren Oshel; Action to be Taken:  Issuance of Default Judgment,
12) Docket No. 701-07-2614.EC State Board for Educator Certification v. James Roland Sorgee; Action to be Taken:  Issuance of Default Judgment,
13) Docket No. 701-07-2668.EC State Board for Educator Certification v. Rahshanique Simmons; Action to be Taken:  Consideration of Proposal for Decision and Issuance of Final Order,
14) Docket No. 701-07-2684.EC State Board for Educator Certification v. Brett Marshall; Action to be Taken:  Issuance of Default Judgment,
15) Docket No. 701-07-2696.EC State Board for Educator Certification v. Juan Chavez; Action to be Taken:  Consideration of Proposal for Decision and Issuance of Final Order,
16) Docket No. 701-07-3056.EC State Board for Educator Certification v. Roger Rios; Action to be Taken:  Issuance of Default Judgment,
17) Docket No. 701-07-3057.EC, State Board for Educator Certification v. Doak O. Lamb; Action to be Taken:  Issuance of Default Judgment,
18) Docket No. 701-07-3295.EC State Board for Educator Certification v. Verdo Franklin County; Action to be Taken:  Issuance of Default Judgment,
19) Docket No. 701-07-3331.EC, State Board for Educator Certification v. Dominic R. Salinas; Action to be Taken:  Issuance of Default Judgment,
20) Docket No. 701-07-3342.EC, State Board for Educator Certification v. Katina Adams; Action to be Taken:  Issuance of Default Judgment,
21) Docket No. 701-07-3343.EC, State Board for Educator Certification v. Dario Martinez; Action to be Taken:  Issuance of Default Judgment,
22) Docket No. 701-07-3388.EC, State Board for Educator Certification v. Kimberly Froberg-Hewitt; Action to be Taken:  Issuance of Default Judgment,
23) Docket No. 701-07-3494.EC, State Board for Educator Certification v. Alejandro Castro; Action to be Taken:  Issuance of Default Judgment,
24) Docket No. 701-07-3498.EC, State Board for Educator Certification v. Mayce L. Nanny; Action to be Taken:  Issuance of Default Judgment.

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) Leticia Garcia Kaminsky v. R. Vic Morgan, et al.; Cause No. D-1-GN-06-2379; In the 261st 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 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 take its action in Open Session.

16. Requests and/or Questions from Board members

17. 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.