Tag Archives: misconduct

Summary of SBEC’s meeting on July 26, 2019

On Friday, July 26, 2019, the State Board for Educator Certification (SBEC) met in Austin to take up a lengthy agenda that included approving rules to implement the EdTPA pilot program and discussing implementation of bills passed by the 86th Legislature, such as House Bill (HB) 3.

First, a note about SBEC procedure. Each agenda item that makes changes to rules takes three board meetings to move through SBEC. The board first brings up an item for discussion only, then formally proposes the rule at its next meeting and allows for a public comment period, and then finally adopts the rule at the third meeting. Additionally, under state law all adopted SBEC rules are subject to review by the elected State Board of Education (SBOE), which can take no action or veto a rule.

On Friday, SBEC approved two standard four-year rule reviews. The review of Title 19 of the Texas Administrative Code (TAC) Chapter 233, which establishes the certificate classes for classroom teachers (e.g. 4-8 Science, Music EC-12, etc.), and the review of 19 TAC Chapter 244, which outlines the qualifications, training, and acceptable criteria for educator appraisers, were approved.

The board also adopted items that will now make their way to SBOE, including revisions to the criteria that school districts use to assign teachers. The assignment rules are based on the certificates held by teachers, which sometimes change, and the rules must also reflect the addition of new courses, such as Ethnic Studies. For instance, someone with an 8-12 History certification could be assigned to teach a high school Ethnic Studies classroom. Also headed to the SBOE are revisions to the program requirements for educator preparation programs (EPPs) that would create an optional, intensive pre-service preparation and certification pathway; provide guidance for EPP name changes after a change in ownership; and require educators seeking certification in two areas to have clinical teaching experience in both. Lastly, the board adopted revisions to certification and testing requirements including the incorporation of the new intensive pre-service option; including the portfolio assessment EdTPA as a testing option; and updating the fees to include EdTPA and the subject-matter-only assessments used for the Pre-Admission Content Test (PACT) route (discussed below). Interestingly, the board adopted an amendment proposed by board member Tommy Coleman to clarify in the rule language that the EdTPA assessment option is strictly a pilot.

Board members next took up agenda items for proposal of new rules and the authorization of a public comment period on those. One set of proposed rules includes changes to the Accountability System for Educator Preparation Programs (ASEP), which will provide for new commendations for high-performing EPPs; adopt the EPP accountability manual into rule; clarify how EPPs are accredited; allow SBEC to require an EPP to complete an action plan as a sanction for low performance; and make additional technical changes. Additionally, the Board proposed revisions to EPP admission requirements to implement Senate Bill (SB) 1839, HB 2039, HB 3349 that were passed by the 85th Legislature in 2017. The rule changes would add admission requirements for the Early Childhood through Grade 3 (EC-3) and Grades 6-12 Trade and Industrial Workforce Training certificates created by those bills. The revisions would also allow candidates to take subject-matter-only assessments for their PACT if they don’t have the commensurate coursework and minimum 2.5 GPA that is required to enter an EPP. Currently, candidates can gain admission through a content pedagogy test, which tests for teaching strategies that the candidate hasn’t been exposed to yet. These items will be eligible for public comment from August 23 to September 23, 2019, and published in the Texas Register.

Since the 86th Legislature just ended its session in May, SBEC must act quickly to approve changes in order to meet the implementation date of several bills that were passed this year. Therefore, a couple items on the board’s agenda went straight to the proposal stage, skipping the initial discussion phase in order to save time. These include rule changes to implement the following bills:

  • SB 1200 by Sen. Donna Campbell (R-New Braunfels), which allows for military spouses licensed in other states to teach in Texas.
  • HB 3 by Rep. Dan Huberty (R-Kingwood), which repeals the master teacher certificates as of September 1, 2019. Any candidate wishing to gain or renew a master teacher certificate must do so by August 30, 2019. Any current certificates will remain valid up until their expiration date. Please see the Texas Education Agency’s information on master teacher certificates here for more detail.

The Board also took action on two non-rule “board items,” which were discussed at the previous meeting and are effective immediately upon approval. One of these was to approve the ability of the Region 13 Education Service Center (ESC) to offer a Reading Specialist Certification, which is a different class of certification from the master teacher certification. The other item was to name members who will serve on an advisory committee for the newly proposed special education certifications. These certifications would improve upon the current, broad special education certificate by creating a deaf/blind supplemental certificate and multiple new certificates that are more specialized by grade level and the degree of support needed by students.

The following items had been up for discussion at Friday’s SBEC meeting but were moved instead to the board’s October meeting agenda:

  • Proposed changes to educator disciplinary proceedings, sanctions, and contested cases to implement the provisions of HB 3, SB 1230, SB 1476, and SB 37 as passed by the 86th Legislature. Collectively, these bills will impact reporting requirements for superintendents, principals, and directors of public and private schools regarding educator misconduct; create a do-not-hire registry; and remove student loan default as a ground for discipline by SBEC. The anticipated rule changes would also permit SBEC to deny certificates to educators who have abandoned their contract within the past 12 months. This will cover intern and probationary certificates, which SBEC loses jurisdiction over once these 12-month certificates expire.
  • A board item meant to allow the Board to discuss the EPP continuing approval process, which includes procedures for review and update of EPP standards and requirements.
  • A board item to discuss the upcoming educator certification test development updates to current content pedagogy tests. The Principal as Instructional Leader assessment was one of the updated tests and is set to become operational on July 29, 2019. Other new tests will roll out into 2021 and beyond.

The last agenda item, a legislative update, was skipped at Friday’s meeting because members agreed that it had been adequately covered in a July 25th SBEC work group session. Bills impacting SBEC rulemaking as passed by the 86th Legislature include HB 3, HB 18, HB 403, HB 2424, SB 37, SB 241, SB 1200, SB 1230, and SB 1476. All of these except for HB 3’s Science of Teaching Reading certification requirements are now set to be discussed at the October 4, 2019 SBEC meeting. See a detailed table of SBEC’s proposed timeline for implementing provisions of each of these bills here. Stay tuned to Teach the Vote for future updates.

Senate Education passes first bills out of committee

Senate Education Committee meeting March 19, 2019.

The Senate Education Committee met Tuesday to consider several bills and pass its first bills of the legislative session. Members voted the following bills out of committee:

  • SB 244 by Creighton (6-2, with Sens. ‬Powell and West opposing), which would expand the number of school marshals allowed to one per district or charter campus and would remove the cap altogether for private schools.
  • ‪SB 477 by Creighton (8-0, placed on the local and uncontested calendar), which would create a standard renewal date for all school marshal licenses.
  • SB 811 by Hughes (6-2, with Sens. Powell and West opposing), which would create an immunity from liability for school districts that employ armed security personnel, including retired police officers and school marshals, from any damages that arise from any “reasonable action” taken by those personnel.

Members heard testimony on a number of bills, including several that revisited educator misconduct issues addressed during the 2017 legislative session.

Senate Bill (SB) 1256 by state Sen. Paul Bettencourt (R-Houston) builds upon the original work done by SB 7 from the 85th Texas Legislature. The bill would expand the ability to track teachers who have been involved in illicit relationships with students to non-certified teachers and school employees by creating a separate registry managed by the Texas Education Agency (TEA). The bill would also allow TEA to close charter schools and revoke district of innovation (DOI) status for districts that fail to comply with the new law. ATPE supported this bill for thoughtfully filling in the gaps left by SB 7, which ATPE supported in 2017.

SB 1230 and SB 1231 by Bettencourt also build upon SB 7 by pulling in private schools and by expanding child abuse and neglect reporting requirements to private schools and charters, respectively. SB 1476 addresses reporting requirements to the State Board for Educator Certification (SBEC) when an educator has been found to be wrongfully accused of misconduct. ATPE supported this bill.

A related bill, SB 933 by Bettencourt, would create an office of inspector general (OIG) within TEA with the ability to investigate districts and charter schools for potential fraud, waste, and abuse. The committee approved an amendment that expanded the inspector general’s purview to include the agency itself, which is in line with other agency offices of inspector general. Sen Kirk Watson (D-Austin) questioned the cost of creating and staffing an entirely new investigatory division and the veracity of the accompanying fiscal note that stated it would cost the state nothing.

SB 458 by Sen. Joan Huffman (R-Houston) would add sexual abuse, human trafficking, and other maltreatment of children to the list of training topics required of public school board members.

Members also discussed SB 316 by Sen. Bryan Hughes (R-Mineola), which would allow the state office of attorney general (OAG) to defend a teacher in a civil suit “as a result of an act that the teacher in good faith believed was incident to or within the scope of the teacher’s duties if the attorney general determines that the teacher acted in good faith.” Sen. Royce West (D-Dallas) asked whether a teacher has the ability to waive the attorney general’s offer and use their own representation. Sen. Watson raised important questions about the subjective interpretation of “scope of duties” and “good faith.” ATPE submitted neutral written testimony that raised similar concerns, along with important considerations regarding legal timelines that could leave teachers in the lurch.

Sen. Judith Zaffirini (D-Laredo) offered SB 54, which addressed students participating in regional day school programs for the deaf; SB 522, relating to the development of a individual education programs (IEP) for a student with a visual impairment; and SB 895, relating to the language acquisition of children eight years of age or younger who are deaf or hard of hearing.

Sen. Kel Seliger (R-Amarillo) offered SB 213, which would repeal the sunset on individual graduation committees (IGC). Currently, a student who fails one or more STAAR tests required for graduation may ask for an IGC to weigh their overall student career and potentially allow them to graduate. This ensures children who are otherwise strong students but may have performed poorly on STAAR for a variety of reasons are not handicapped by the refusal of a high school diploma. Under current law, students will lose this option after the 2018-2019 school year. ATPE supported this bill as an important safety measure, in particular when recent investigations have thrown the validity of the STAAR test itself into question.

SB 364 by Sen. Watson would require TEA develop model policies on the recess period during the school day that encourage constructive, age-appropriate outdoor playtime. The model policies must include guidelines for outdoor equipment and facilities on public school campuses that maximize the effectiveness of outdoor physical activity. ATPE supported this bill.

SB 372 by Sen. Donna Campbell (R-New Braunfels) would allow charter schools to employ security personnel and commission peace officers.

SB 435 by Sen. Jane Nelson (R-Flower Mound) would add opioid addiction to the list of topics covered by local school health advisory councils (SHAC).