WEBVTT
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Thank you, Cameron.
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Good morning, everyone.
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And good morning
board members and staff,
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and those of you that
are Zooming in with us
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and listening to our
meeting, we are gonna begin
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the State Board for
Educator Certification meeting
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of April 30th, 2021.
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It is 8:33.
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I will call this meeting to order.
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We'll begin with a moment of silence
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so that we can all
just kind of settle in
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to the important work ahead of us
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and the important charge
that we have been given
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to ensure that we have a
highly qualified educator
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in every classroom
throughout the State of Texas.
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So let's start with a moment of silence.
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Okay, let's go ahead and
move on to the next item
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and we will please join me
in standing where you are
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and reciting the pledge.
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I pledge allegiance to the flag
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of the United States of America
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and to the Republic for which it stands,
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one nation under God,
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indivisible, with Liberty
and justice for all.
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Alright, next item.
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Just wanna welcome
everyone to the meeting.
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It is a virtual meeting guidelines
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I'll review on real quickly.
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This meeting is being live stream.
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Board members should have
their cameras on at all times,
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even when taking an unscheduled break.
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The only time the board
may turn off their camera
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is during scheduled
breaks such as lunch.
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Mute when not speaking
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Do not email join the meeting.
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Do not send private chats.
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Speaking limits still
apply for testimony.
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I ask that you raise your hand
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and wait to be recognized
if you would like to speak
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Wait until previous
speaker finishes completely
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before speaking.
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So audio will be, will
pick up completely.
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And your feedback forms
were emailed this morning.
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I'd like to also remind
the board that we are
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gonna have a July workshop.
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And you'll be getting more information
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from staff regarding that.
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So let's move on to the next slide.
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So we have our interim associate
Commissioner's comments
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and I will pause for that.
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Thank you so much,
Chairman Cavazos.
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Members, good morning.
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It's great to see all of you again.
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I wanted to just quickly
thank all of the TEA staff
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and those countless
folks behind the scenes
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who work so hard
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Each meeting to put
together these agenda items.
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Thank you to all of the board members
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for your attendance
and participation today.
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I remain most grateful.
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I'm really excited about this
next slide that's coming up.
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And so, you know, there's a statement
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that those who shine from
within don't need the spotlight.
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However, we are delighted
to share this particular slide
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announcing a well-deserved celebration
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of the legacy of Dr. Cavazos,
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which is gonna take place on
next Wednesday May the 5th
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And Dr. Cavazos for a few
seconds as a point of privilege.
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I wanted to also just take
a moment to say thank you
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to you on behalf of
the entire SBEC family
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for always being a shining example
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of excellence in leadership.
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You truly are a class act.
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I hope you know how much we admire you.
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We respect you.
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We thank you for
everything that you do for us.
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And we wish God's continued
and countless blessings on you.
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So thank you so much.
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Well, thank you, Marilyn.
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Wow.
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I didn't even know you
all had slipped that in.
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Alright.
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Well, yes, I am gonna be stepping away
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from the superintendency.
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And look forward to the celebration.
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20 years in Harlingen, had completed,
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will be completed this year.
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And so I look forward to
the next chapter in my life.
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Thank you for that Marilyn.
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Anything else?
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Alright.
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Now, we're gonna welcome
new board members
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and we're gonna recognize
our former board members
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that will be leaving us.
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And so if you can put up that screen.
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I have two new SBEC members.
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Bob Brescia.
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Dr. Brescia.
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Teacher from Ector County ISD,
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who is replacing and nobody
can replace Joe Rodriguez
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but they are replacing you Jose.
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I'm sure they're gonna
replace me to one day.
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So, and then we have Melissa Isaacs.
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Teacher, Buffalo ISD and she
is replacing Dr. Laurie Turner.
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And so at this point,
I'll ask Dr. Brescia,
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if you would like to
share with the team,
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as you join us a
little bit about yourself
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Thank you, Art.
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Well, I guess, you know,
I've been alive a long time.
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Much to the dismay of some
and to the delight of others.
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But I'm currently teaching.
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So I teach at Ector County ISD.
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I teach at the world famous campus
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of the Permian High School.
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And there, my endeavor is
ninth grade world geography.
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And I've been doing that
for a couple of years now.
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Before that time,
I was directing
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The John Ben Shepperd
Public Leadership Institute
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for the State of Texas.
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And you know, that
organization teaches civics
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and and public service
to the youth of Texas.
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Before that, well, I
had a business career.
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So mostly in automotive.
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Supply chain, logistics, operations.
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Primarily in Detroit,
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five years with Michelin
as an executive there
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in South Carolina in Greenville.
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And prior to that, while
I had an army career.
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So 27 years of U.S.
army all over the world.
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A couple of tours in The Pentagon.
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Where I met my lovely wife.
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And as a matter of fact,
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Mell, you're not supposed to do this
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but we were married inside the Pentagon.
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And we were married on July the 4th
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because we were so patriotic
and one particular year there.
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So I'm happy to be here really,
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to be able to continue
to serve the state
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that I love so much in this capacity.
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And I'm really anxious to
meet and speak with all of you
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and make some new friends.
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So thank you for having me.
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Thank you, doc.
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Really appreciate your
service to our country as well.
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Loved your comments.
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To the delight of some
and to the dismay of others.
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I presume the person
you married was delight
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not the dismay, I would hope, but right.
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Most of the time, you
know she calls me Robert,
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I know she's a dismayed
and not delighted
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but you know, it's really Bob.
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Melissa Isaacs you can unmute
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and can tell us a
little bit about yourself.
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Well, good morning,
Dr. Cavazos and board members
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and TEA staff.
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I'm really excited to be here.
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I'm a teacher at Buffalo
ISD, Buffalo High School.
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I've been teaching for 16 years.
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I'm a CTE teacher.
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Which, in that pathway that
I teach is human services
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through family and consumer sciences.
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I'm also a CTSO advisor for FCCLA.
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So I try to stay pretty busy
doing what I've feel led to do.
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I have graduated from Sam Houston.
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I have a degree in
education but then on the side
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I have a degree in theological studies.
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Which helps to guide me
in the decisions I make.
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I'm truly bless, feel
blessed to be here.
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I'm blessed to be able
to work on this level
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to ensure that we
give the best education
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to all of the students
in the State of Texas.
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Thank you Melissa.
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And thank you for your service.
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Small world.
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I have quite a few
friends in Buffalo, Texas
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and you can believe that.
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So, and people don't
sometimes don't know where
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Buffalo Texas is, but it's a
great place, great community.
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And so I'm now one, want to
invite Jose to say a few words,
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we're gonna miss Jose.
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He was a great contribution.
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He was at Leander, has retired.
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Served with us from January
17, 2019 to April 26 2021.
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EPP Commendation Chair, that 1920.
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And so Jose, we would mute yourself
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and just address the group.
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Thank you, Dr. Cavazos,
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and congratulations to you
on your upcoming retirement.
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I'd like to say thank you
first off to our Governor
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for the appointment and the
privilege to have been a member
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during such a short,
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what I would consider
tour of duty compared
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to what most folks have
served on this board.
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I thank him.
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I also like to thank my
fellow board members
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that I served with.
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Thank you for allowing me
to be a part of the community.
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And to the SBEC staff who is
courageous and professional
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and efficient.
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Thank you.
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And in particularly, I'd
like to thank Dr. Kelly,
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who I joined this board along
with him on the very same day.
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And I will forever admire
his reasonableness
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as we tackle difficult
and complex issues
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along with the other
board members and staff.
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To promote good teaching in our state.
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So thank you to a good board member
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and also a good friend Dr. Kelly.
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As I step away, I'd like
to just say that I recognize
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how important education is
not just as a teacher who did it
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for almost 30 years.
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But the importance of what
teachers play in our society.
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In our economy when we
graduate our learners into the world,
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also the power of teaching
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and how it promotes our
democracy and our nation
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in our state of Texas and beyond.
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Having good teachers in the classroom
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is incredibly important
and it's very important work.
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And so I wish this board,
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fair winds and calm seas.
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Doing the work at SBEC is never calm
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and the seas are always raging.
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But I wish that for this board anyway.
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And I'd like to welcome
our newest members
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and thank them for
joining the ranks of SBEC.
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You stand on great
shoulders of our predecessors
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and you will do good work going forward.
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And I wish you only the best.
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I step away to serve in a
different capacity in a nonprofit,
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in the nonprofit world
and workforce development
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at the global level.
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Yesterday, I was on a
Zoom call with members
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from nine different countries.
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And I think that the education
to employment space
00:12:08.290 --> 00:12:09.763
is a new space I'm in.
00:12:10.810 --> 00:12:13.560
In some ways nations around the world,
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face similar challenges
00:12:15.670 --> 00:12:17.650
in that we need to
have our best teachers
00:12:17.650 --> 00:12:21.520
in order to educate
not just our countries
00:12:21.520 --> 00:12:23.410
but the world at large.
00:12:23.410 --> 00:12:27.120
So I look forward to my new career,
00:12:27.120 --> 00:12:30.860
but I will always look
back at this experience
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as a very enriching and
certainly very powerful example
00:12:38.490 --> 00:12:42.320
of what public policy can
do to promote teaching
00:12:42.320 --> 00:12:44.430
in our great State of Texas.
00:12:44.430 --> 00:12:47.930
Thank you SBEC and
thank you Dr. Cavazos.
00:12:47.930 --> 00:12:50.320
I wanna thank you
on behalf of the board.
00:12:50.320 --> 00:12:53.950
Jose you always came
to every board meeting,
00:12:53.950 --> 00:12:56.560
very well prepared their employees,
00:12:56.560 --> 00:13:00.760
and always offered that
lens of the teacher lens
00:13:00.760 --> 00:13:02.160
to the board to remind us
00:13:02.160 --> 00:13:05.315
and keep us grounded on the
important work that we have.
00:13:05.315 --> 00:13:07.240
Grateful for your service
00:13:07.240 --> 00:13:11.950
and I appreciate everything
you've done and Godspeed.
00:13:11.950 --> 00:13:13.300
You have done great things.
00:13:14.680 --> 00:13:15.513
So thank you for that.
00:13:15.513 --> 00:13:17.583
Chairman Cavazos, If
I could just add a word.
00:13:18.540 --> 00:13:20.990
I think everybody that
has served with Jose
00:13:20.990 --> 00:13:23.700
over the last few years
would say the same thing
00:13:23.700 --> 00:13:27.210
that every time the man
speaks it's inspirational.
00:13:27.210 --> 00:13:30.270
I mean, it's just, I don't
know what it is about him
00:13:30.270 --> 00:13:33.210
but he's just the most
inspirational person
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in terms of just even
when he says goodbye,
00:13:35.650 --> 00:13:36.853
it's inspirational.
00:13:38.110 --> 00:13:41.700
And so I just really gonna miss you Jose
00:13:41.700 --> 00:13:44.780
and like the Chairman Cavazos said also
00:13:44.780 --> 00:13:48.939
I think back you were
a Marine Corps person.
00:13:48.939 --> 00:13:52.503
We thank you for your
service in the Marines as well.
00:13:53.890 --> 00:13:55.040
Thank you, Dr. Kelly.
00:13:57.020 --> 00:13:59.170
Dr. Turner was not able to join us,
00:13:59.170 --> 00:14:01.284
but gives her regards to the board
00:14:01.284 --> 00:14:05.040
and thanks the board
for all the important work
00:14:05.040 --> 00:14:06.650
that's been done.
00:14:06.650 --> 00:14:09.210
We thank her, of
course, for all her service.
00:14:09.210 --> 00:14:14.210
She served from July
27, 2016 to April 26, 2021.
00:14:15.560 --> 00:14:18.460
So we wish her the very best.
00:14:18.460 --> 00:14:20.343
And we thank her for her service.
00:14:21.180 --> 00:14:25.660
Also, I will take the
liberty to reiterate
00:14:25.660 --> 00:14:28.830
to the board that we will soon
lose another board member
00:14:28.830 --> 00:14:32.360
Emily Garcia, but
she won't be going far.
00:14:32.360 --> 00:14:35.030
She will be joining Kelvey and her team,
00:14:35.030 --> 00:14:36.250
in doing the important work
00:14:36.250 --> 00:14:38.480
and working with the aspects that so.
00:14:38.480 --> 00:14:40.770
Kelvey, don't know if you
wanna jump in here real quick
00:14:40.770 --> 00:14:43.059
and just give us an update.
00:14:43.059 --> 00:14:45.565
Thank you, Dr. Cavazos.
00:14:45.565 --> 00:14:48.930
Also wanna welcome the new board members
00:14:48.930 --> 00:14:53.930
and thank you, Jose for
your as well as Dr. Turner
00:14:54.450 --> 00:14:56.971
who isn't able to be with us.
00:14:56.971 --> 00:14:57.820
Yes.
00:14:57.820 --> 00:15:02.760
We have announced that Emily Garcia,
00:15:02.760 --> 00:15:07.120
who is, has stepped down
from her board position
00:15:07.120 --> 00:15:10.203
but has not yet had a
replacement appointed.
00:15:11.120 --> 00:15:13.810
She stepped down
because we are very excited
00:15:13.810 --> 00:15:17.270
that she will be joining us at
the Texas Education Agency
00:15:17.270 --> 00:15:19.560
as the new associate Commissioner
00:15:19.560 --> 00:15:22.350
for the Educator
Preparation Certification
00:15:22.350 --> 00:15:24.723
and Enforcement Department.
00:15:25.610 --> 00:15:28.150
She's bringing really
great experience to this role
00:15:28.150 --> 00:15:30.440
including her board member experience.
00:15:30.440 --> 00:15:32.960
And the great
relationships that she's built
00:15:32.960 --> 00:15:34.640
with the board as part of that.
00:15:34.640 --> 00:15:37.430
And I know that she's
really looking forward
00:15:37.430 --> 00:15:38.810
to being in this new role
00:15:38.810 --> 00:15:41.190
and continuing to
lead this important work
00:15:41.190 --> 00:15:43.390
and build strong relationships
00:15:43.390 --> 00:15:45.590
and lead this really great team.
00:15:45.590 --> 00:15:49.250
So just excited for her to really get
00:15:49.250 --> 00:15:51.300
to the transition into that role
00:15:51.300 --> 00:15:54.796
and begin leading this
board for, or this team forward.
00:15:54.796 --> 00:15:57.900
And the relationship
with the board forward.
00:15:57.900 --> 00:16:01.340
As soon as her a new,
00:16:01.340 --> 00:16:05.240
the new board member will
get appointed in her place.
00:16:05.240 --> 00:16:07.340
So we're excited for,
00:16:07.340 --> 00:16:10.280
then us to announce who
her replacement will be,
00:16:10.280 --> 00:16:11.310
once the Governor's Office
00:16:11.310 --> 00:16:13.060
has made that appointment decision.
00:16:14.494 --> 00:16:15.327
Okay.
00:16:15.327 --> 00:16:16.165
Thank you.
00:16:16.165 --> 00:16:17.942
And just for the record,
00:16:17.942 --> 00:16:19.237
four of us applied for
the position (indistinct).
00:16:21.417 --> 00:16:22.675
I'm kidding.
00:16:22.675 --> 00:16:23.990
No, everybody looks down.
00:16:23.990 --> 00:16:25.594
It wasn't me.
00:16:25.594 --> 00:16:29.320
Alright, so let's move
on to the next topic.
00:16:29.320 --> 00:16:30.310
Thank you, Jose.
00:16:30.310 --> 00:16:31.540
Welcome to the (indistinct).
00:16:31.540 --> 00:16:32.380
Stay with us.
00:16:32.380 --> 00:16:33.980
It's your call.
00:16:33.980 --> 00:16:34.813
Cameron.
00:16:36.020 --> 00:16:37.410
Any comment?
00:16:37.410 --> 00:16:38.243
No, sir.
00:16:38.243 --> 00:16:39.280
Not today.
00:16:39.280 --> 00:16:41.150
Thank you, Cameron.
00:16:41.150 --> 00:16:45.093
Next item item by
February 12, 2021 minutes.
00:16:46.900 --> 00:16:48.963
Need a motion for approval.
00:16:50.190 --> 00:16:52.677
You've had a chance to look at that.
00:16:52.677 --> 00:16:55.603
Do I see anyone ready
to make the motion?
00:16:57.540 --> 00:16:59.820
Alright, Jean Streepey, please.
00:17:01.879 --> 00:17:04.930
I move to approve the
February 12th, 2021 board
00:17:04.930 --> 00:17:05.863
meeting minutes.
00:17:06.826 --> 00:17:07.659
Thank you, Jean.
00:17:07.659 --> 00:17:08.492
Do I see a second.
00:17:09.850 --> 00:17:13.100
Rohanna Sykes second the motion.
00:17:13.100 --> 00:17:14.523
Any further discussion?
00:17:15.410 --> 00:17:16.779
Alright.
00:17:16.779 --> 00:17:17.855
All those in favor.
00:17:17.855 --> 00:17:18.848
Raise your right hand,
00:17:18.848 --> 00:17:21.298
hold it up high so that
the vote can be recorded.
00:17:23.010 --> 00:17:24.310
Alright.
00:17:24.310 --> 00:17:27.230
Thank you, opposition
do the same.
00:17:27.230 --> 00:17:29.160
No opposition motion carries.
00:17:29.160 --> 00:17:31.740
Moving on to item number six.
00:17:31.740 --> 00:17:36.233
Chapter 231 doc review,
and we have Marilyn Cook.
00:17:37.160 --> 00:17:39.260
Thank you so much
again, Chairman Cavazos.
00:17:39.260 --> 00:17:40.702
Members good morning again.
00:17:40.702 --> 00:17:44.400
Item number six is
seeking the board support
00:17:44.400 --> 00:17:48.780
in adopting the four year
rule review for Chapter 231.
00:17:48.780 --> 00:17:53.780
Chapter 31 is the board's rules
that govern the assignments
00:17:54.270 --> 00:17:55.910
and the certificates appropriate
00:17:55.910 --> 00:17:59.320
to place certified educators
into those various roles.
00:17:59.320 --> 00:18:00.810
The purpose of today's item
00:18:00.810 --> 00:18:02.585
is focused on the review
00:18:02.585 --> 00:18:05.300
and every one of your SBEC rules goes
00:18:05.300 --> 00:18:07.780
through this four year
rule review process.
00:18:07.780 --> 00:18:11.870
It gives us an opportunity to
have the public give feedback
00:18:11.870 --> 00:18:14.830
on whether or not
these rules need to exist.
00:18:14.830 --> 00:18:18.260
And often the public will
also provide us with comments
00:18:18.260 --> 00:18:21.950
for consideration and future
rule-making opportunities.
00:18:21.950 --> 00:18:23.310
I did want to let you know
00:18:23.310 --> 00:18:25.830
we did have a 30 day
public review comment
00:18:25.830 --> 00:18:27.880
for these particular rules.
00:18:27.880 --> 00:18:31.290
It went open for feedback March the 12th
00:18:31.290 --> 00:18:32.860
through April the 12th.
00:18:32.860 --> 00:18:35.470
I think on the next slide, if
I'm remembering correctly
00:18:35.470 --> 00:18:38.986
you'll see, we did receive
33 public comments.
00:18:38.986 --> 00:18:42.080
Those comments were
summarized for you all
00:18:42.080 --> 00:18:44.480
and shared on yesterday.
00:18:44.480 --> 00:18:46.230
Those comments, as we could expect
00:18:46.230 --> 00:18:49.296
give us an opportunity to
consider it a future opportunity
00:18:49.296 --> 00:18:51.530
additional changes to your rules.
00:18:51.530 --> 00:18:54.840
But again, today's action
that I'm seeking your support
00:18:54.840 --> 00:18:58.352
on is simply allowing
us to adopt the review.
00:18:58.352 --> 00:19:02.890
Because we do believe these
rules need to continue to exist.
00:19:02.890 --> 00:19:05.360
It's good to have this
guidance for school districts
00:19:05.360 --> 00:19:08.950
on classroom assignments
and the appropriate certificates.
00:19:08.950 --> 00:19:11.610
I do anticipate as you know,
I have the privilege of coming
00:19:11.610 --> 00:19:14.720
before you all often with
this particular rule Chapter,
00:19:14.720 --> 00:19:16.770
to be able to take the comments
00:19:16.770 --> 00:19:19.090
that we received specific to,
00:19:19.090 --> 00:19:22.310
is it possible, rather changes
to the rules in the future.
00:19:22.310 --> 00:19:23.360
And we will address those
00:19:23.360 --> 00:19:25.660
at a future rule-making opportunity.
00:19:25.660 --> 00:19:26.493
Back to Cavazos.
00:19:26.493 --> 00:19:28.560
I wanted to pause to see first of all
00:19:28.560 --> 00:19:29.860
if there are any questions
00:19:29.860 --> 00:19:32.470
and I don't think that
Cameron will check me on this.
00:19:32.470 --> 00:19:34.970
I don't believe anyone
has signed up to testify,
00:19:34.970 --> 00:19:36.130
but I'll be quiet for a minute
00:19:36.130 --> 00:19:38.041
to see if there are any questions.
00:19:38.041 --> 00:19:38.970
(indistinct) do we
have public comments.
00:19:38.970 --> 00:19:40.020
We do not,
00:19:40.020 --> 00:19:41.320
Okay.
00:19:41.320 --> 00:19:42.796
SBEC members.
00:19:42.796 --> 00:19:44.473
Do you have any questions for Ms. Cook?
00:19:46.430 --> 00:19:50.520
Alright, this is an
action item, Marilyn.
00:19:50.520 --> 00:19:51.353
Yes, sir.
00:19:51.353 --> 00:19:54.027
The motion is on the screen.
00:19:54.027 --> 00:19:57.543
Do I see a board member
ready to make the motion?
00:19:58.520 --> 00:19:59.763
Mr. Coleman, please.
00:20:02.089 --> 00:20:03.720
I move to adopt the rule.
00:20:03.720 --> 00:20:04.553
Excuse me.
00:20:04.553 --> 00:20:07.280
I move to adopt the review of title 19
00:20:07.280 --> 00:20:09.150
Texas Administrative Code,
00:20:09.150 --> 00:20:11.780
Chapter 231 requirements
for public school
00:20:11.780 --> 00:20:13.970
personnel assignments.
00:20:13.970 --> 00:20:16.070
Thank you, Mr. Coleman,
do I see a second?
00:20:17.360 --> 00:20:22.360
Alright, Mr. Bob, Dr. Bob seconds it.
00:20:22.850 --> 00:20:24.450
Are there any further questions?
00:20:25.560 --> 00:20:27.060
Comments.
00:20:27.060 --> 00:20:28.327
Alright.
00:20:28.327 --> 00:20:29.890
Seeing none, all those in
favor raise your right hand
00:20:29.890 --> 00:20:33.523
and hold it up high so that
the vote may be recorded.
00:20:35.730 --> 00:20:38.770
Thank you, Opposition
please do the same.
00:20:38.770 --> 00:20:41.050
No opposition, motion
carries unanimously.
00:20:41.050 --> 00:20:42.173
Item number seven.
00:20:43.190 --> 00:20:44.720
Thank you again.
00:20:44.720 --> 00:20:45.553
Yes sir.
00:20:45.553 --> 00:20:46.386
You're welcome.
00:20:46.386 --> 00:20:49.599
Chapter 245 Adopt Review
and it's Marilyn Cook again.
00:20:49.599 --> 00:20:51.640
She was so anxious to get started.
00:20:51.640 --> 00:20:52.690
My God.
00:20:52.690 --> 00:20:54.797
Thank you so much Dr. Cavazos.
00:20:54.797 --> 00:20:59.310
Dr. Cavazos and members
item seven is also an opportunity
00:20:59.310 --> 00:21:01.310
for me to seek your support in adopting
00:21:01.310 --> 00:21:04.410
the four year rule
review for Chapter 245,
00:21:04.410 --> 00:21:08.530
very quickly Chapter 245
is your rules that allow us
00:21:08.530 --> 00:21:12.900
to process applications for
individuals who are licensed
00:21:12.900 --> 00:21:14.610
to teach in other countries.
00:21:14.610 --> 00:21:17.150
So this is your certification
requirements specific
00:21:17.150 --> 00:21:21.260
to individuals licensed
outside of the United States.
00:21:21.260 --> 00:21:24.040
We have the same
process for Chapter 231.
00:21:24.040 --> 00:21:27.540
So there was a 30 day
public comment period
00:21:27.540 --> 00:21:30.850
that happened March the
12th through April the 12th.
00:21:30.850 --> 00:21:34.065
During that time we
received one public comment
00:21:34.065 --> 00:21:35.610
from a dear colleague,
00:21:35.610 --> 00:21:37.410
who's worked closely with our office
00:21:37.410 --> 00:21:41.600
in the recruitment of
educators from other countries.
00:21:41.600 --> 00:21:43.520
The next slide you'll see it reflected
00:21:43.520 --> 00:21:45.924
that we did just have
that single comment.
00:21:45.924 --> 00:21:48.650
It also was summarized
and Ms. (indistinct)
00:21:48.650 --> 00:21:51.130
shared that with you all yesterday.
00:21:51.130 --> 00:21:53.500
Sort of the same drill as I
just gave you a second ago
00:21:53.500 --> 00:21:55.180
about Chapter 231.
00:21:55.180 --> 00:21:58.865
While my hope for today
is to receive your support
00:21:58.865 --> 00:22:01.080
in adopting this review.
00:22:01.080 --> 00:22:04.390
The public comment that
was received will be considered
00:22:04.390 --> 00:22:06.420
for future rule-making opportunities.
00:22:06.420 --> 00:22:09.100
And I do anticipate that we
will be bringing some things
00:22:09.100 --> 00:22:12.700
back to the board on ways
that we can improve the process
00:22:12.700 --> 00:22:15.630
for individuals licensed
in other countries.
00:22:15.630 --> 00:22:17.980
Again, I think it's the
same drill I looked out.
00:22:17.980 --> 00:22:19.860
I don't think there's
any public testimony,
00:22:19.860 --> 00:22:21.500
but I will be quiet for a minute to see
00:22:21.500 --> 00:22:24.280
if there are possibly any
questions from the board.
00:22:24.280 --> 00:22:25.828
Cameron any public comments?
00:22:25.828 --> 00:22:27.280
No, sir.
00:22:27.280 --> 00:22:28.113
Okay.
00:22:28.113 --> 00:22:29.592
Thank you.
00:22:29.592 --> 00:22:31.073
Board members, any
questions for Ms. Cook?
00:22:33.020 --> 00:22:34.277
Alright.
00:22:34.277 --> 00:22:35.110
Seeing none.
00:22:35.110 --> 00:22:37.570
The motion is on the slide deck.
00:22:37.570 --> 00:22:40.193
Do I have a board member
ready to make motion?
00:22:42.640 --> 00:22:45.630
Alright, Courtney MacDonald's please.
00:22:45.630 --> 00:22:46.463
Sure.
00:22:46.463 --> 00:22:51.460
I move that we adopt the
review of 19 TAC Chapter 245,
00:22:52.340 --> 00:22:55.420
certification of educators
from other countries.
00:22:55.420 --> 00:22:56.490
Thank you, Ms. MacDonald.
00:22:56.490 --> 00:22:58.390
Do I see a second?
00:22:58.390 --> 00:22:59.940
Julia Dvorak, please.
00:22:59.940 --> 00:23:01.100
She seconded it.
00:23:01.100 --> 00:23:02.970
Any further questions?
00:23:02.970 --> 00:23:03.803
Comments?
00:23:04.860 --> 00:23:07.890
Seeing none all those in
favor raise your right hand.
00:23:07.890 --> 00:23:10.743
Hold it up high so the
vote may be recorded.
00:23:11.980 --> 00:23:13.266
Alright.
00:23:13.266 --> 00:23:14.395
Thank you.
00:23:14.395 --> 00:23:15.270
All in opposition do the same.
00:23:15.270 --> 00:23:16.940
No opposition motion carries.
00:23:16.940 --> 00:23:18.163
Item number eight.
00:23:21.810 --> 00:23:23.910
The slide deck person fell asleep.
00:23:23.910 --> 00:23:24.908
We're so boring.
00:23:24.908 --> 00:23:26.160
No, I'm kidding.
00:23:26.160 --> 00:23:26.993
Alright.
00:23:26.993 --> 00:23:27.860
Chapter 227.
00:23:27.860 --> 00:23:29.840
Rule review proposal.
00:23:29.840 --> 00:23:30.990
Oh, there's a lot of you.
00:23:30.990 --> 00:23:35.500
Jessica McLoughlin, David
Rodriguez and Mark Olofson.
00:23:36.464 --> 00:23:38.604
Thank you, Dr. Cavazos.
00:23:38.604 --> 00:23:41.605
In my, I seek to unmute
myself and click the slide
00:23:41.605 --> 00:23:42.980
at the same time.
00:23:42.980 --> 00:23:44.450
I'm failing a little short.
00:23:44.450 --> 00:23:47.530
Oh, we didn't know who
was controlling the slide deck.
00:23:47.530 --> 00:23:49.520
You should have, you
didn't have to reveal it.
00:23:49.520 --> 00:23:52.210
I probably should
have not revealed that
00:23:52.210 --> 00:23:54.590
but I am the one who's
clicking through the slide deck.
00:23:54.590 --> 00:23:56.060
So apologies in advance.
00:23:56.060 --> 00:23:57.058
If I--
No apologies needed.
00:23:57.058 --> 00:23:59.937
Item eight is the aspects
opportunity to consider
00:23:59.937 --> 00:24:03.995
and take appropriate action
on the proposed review
00:24:03.995 --> 00:24:07.383
of 19 TAC Chapter 227.
00:24:07.383 --> 00:24:10.810
Which is the provision for
educator preparation candidates.
00:24:10.810 --> 00:24:13.620
And it begins if you're following
along in your board book
00:24:13.620 --> 00:24:16.162
on PDF page 52.
00:24:16.162 --> 00:24:18.210
And as Marilyn,
00:24:18.210 --> 00:24:23.010
has so clearly laid out in
her for your rule review items.
00:24:23.010 --> 00:24:25.140
And this item is the
four year rule review
00:24:25.140 --> 00:24:27.000
for Chapter 227.
00:24:27.000 --> 00:24:29.660
And which is your chapter
that houses your requirements
00:24:29.660 --> 00:24:32.300
that candidates must
possess to be considered
00:24:32.300 --> 00:24:36.100
for admission into an
educator preparation program.
00:24:36.100 --> 00:24:37.310
And as she shared,
00:24:37.310 --> 00:24:39.340
this review allows for the opening
00:24:39.340 --> 00:24:41.650
of a 30 day public comment period
00:24:41.650 --> 00:24:43.500
and which will allow the
public to provide comment
00:24:43.500 --> 00:24:46.073
on the relevance and
need for these rules.
00:24:49.244 --> 00:24:51.610
Cameron I believe
there's no public testimony,
00:24:51.610 --> 00:24:53.830
but did wanna check with you?
00:24:53.830 --> 00:24:55.260
That is correct.
00:24:55.260 --> 00:24:56.473
Thank you, Cameron.
00:25:00.079 --> 00:25:01.037
Okay.
00:25:01.037 --> 00:25:03.087
Board members, any
questions for Jessica?
00:25:05.780 --> 00:25:07.440
Alright.
00:25:07.440 --> 00:25:09.433
There's a motion on the slide deck.
00:25:11.610 --> 00:25:12.823
Do I have a motion?
00:25:15.920 --> 00:25:16.753
Alright.
00:25:16.753 --> 00:25:17.586
Dr. Kelly.
00:25:21.106 --> 00:25:22.843
Unmute yourself Dr. Kelly.
00:25:28.450 --> 00:25:29.520
You still need it.
00:25:29.520 --> 00:25:30.353
There you go.
00:25:31.413 --> 00:25:32.246
Thanks, sorry.
00:25:32.246 --> 00:25:33.851
The emotion you
said was beautiful.
00:25:33.851 --> 00:25:36.147
We just didn't hear it Dr. Kelly.
00:25:38.110 --> 00:25:41.440
I move that we approve
the proposed review of 19
00:25:41.440 --> 00:25:44.040
Texas Administrative Code Chapter 227
00:25:44.040 --> 00:25:46.870
provisions for educator
preparation candidates
00:25:46.870 --> 00:25:50.013
to be published as proposed
in the Texas register.
00:25:51.620 --> 00:25:52.700
Hey, do I have a second?
00:25:52.700 --> 00:25:55.230
I think Jean, you were
gonna motion first.
00:25:55.230 --> 00:25:57.280
So Jean, you wanna second that?
00:25:57.280 --> 00:25:58.113
Okay.
00:25:58.113 --> 00:26:00.040
So Jean Streepey seconds that.
00:26:00.040 --> 00:26:02.083
Any further questions or discussion?
00:26:03.410 --> 00:26:04.700
Seeing none, all those in favor
00:26:04.700 --> 00:26:05.780
raise your right hand,
00:26:05.780 --> 00:26:08.413
hold it up high so that
the vote may be recorded.
00:26:09.630 --> 00:26:10.463
Alright.
00:26:10.463 --> 00:26:11.743
Thank you.
00:26:11.743 --> 00:26:13.148
And your position do the same.
00:26:13.148 --> 00:26:14.000
No opposition, motion carries.
00:26:14.000 --> 00:26:15.670
Item number nine.
00:26:15.670 --> 00:26:17.606
Chapter 228, rule review proposal.
00:26:17.606 --> 00:26:21.300
Jessica McLoughlin and Mark Olofson.
00:26:22.490 --> 00:26:24.404
Thank you Dr. Cavazos.
00:26:24.404 --> 00:26:26.220
And so item nine provides the board
00:26:26.220 --> 00:26:27.770
with the opportunity to consider
00:26:27.770 --> 00:26:30.710
and take appropriate action
on the proposed review
00:26:30.710 --> 00:26:32.970
of 19 TAC Chapter 228,
00:26:32.970 --> 00:26:35.540
which is the requirements for
educator preparation programs.
00:26:35.540 --> 00:26:38.733
And that begins on page
81 of the board book.
00:26:40.080 --> 00:26:42.660
So this item is also an opportunity
00:26:42.660 --> 00:26:45.671
for the four year rule
review of Chapter 228,
00:26:45.671 --> 00:26:49.020
which is the chapter that
houses all of your requirements
00:26:49.020 --> 00:26:50.997
for educator preparation programs.
00:26:50.997 --> 00:26:53.390
And again, this review would allow
00:26:53.390 --> 00:26:56.430
for the opening of a 30
day public comment period
00:26:56.430 --> 00:26:57.870
that would allow the public to comment
00:26:57.870 --> 00:27:01.653
on the relevance and the
need for Chapter 228 rules.
00:27:04.770 --> 00:27:06.931
Any public testimony, Cameron?
00:27:06.931 --> 00:27:08.464
No, sir.
00:27:08.464 --> 00:27:09.547
Okay.
00:27:09.547 --> 00:27:10.380
Thank you.
00:27:10.380 --> 00:27:11.823
Any questions from the board?
00:27:13.840 --> 00:27:17.240
Seeing none, motion, Jessica.
00:27:17.240 --> 00:27:18.680
Thank you.
00:27:18.680 --> 00:27:21.203
Do I see someone
wanting to make the motion?
00:27:24.830 --> 00:27:26.763
Alright, Courtney MacDonald, please.
00:27:29.350 --> 00:27:32.020
I move that we approve
the proposed review
00:27:32.020 --> 00:27:34.805
of 19 TAC Chapter 228,
00:27:34.805 --> 00:27:37.300
requirements for educator
preparation programs,
00:27:37.300 --> 00:27:40.690
to be published as proposed
in the Texas Register.
00:27:40.690 --> 00:27:42.010
Thank you, Ms. MacDonald.
00:27:42.010 --> 00:27:43.183
Do I see a second?
00:27:44.710 --> 00:27:46.778
Jean streepey second again?
00:27:46.778 --> 00:27:49.410
Any further questions?
00:27:49.410 --> 00:27:50.243
Comments.
00:27:50.243 --> 00:27:51.180
Alright.
00:27:51.180 --> 00:27:54.032
Seeing none, all those in
favor raise your right hand
00:27:54.032 --> 00:27:57.013
and hold it up for the
vote to be recorded.
00:27:58.189 --> 00:27:59.140
Alright.
00:27:59.140 --> 00:27:59.973
Thank you.
00:27:59.973 --> 00:28:02.110
Any opposition, please do the same.
00:28:02.110 --> 00:28:05.870
No opposition, motion carries
unanimously moving to item 10.
00:28:05.870 --> 00:28:07.410
Now Jessica was getting excited.
00:28:07.410 --> 00:28:10.010
You just jumped onto the next item.
00:28:10.010 --> 00:28:12.090
Approval of the advisory
committee members.
00:28:12.090 --> 00:28:13.100
Ms. McLoughlin.
00:28:13.100 --> 00:28:15.270
Thank you, Dr. Cavazos.
00:28:15.270 --> 00:28:18.460
I was, I'm incredibly excited
about item number 10.
00:28:18.460 --> 00:28:21.240
Item 10 board is your
opportunity to consider
00:28:21.240 --> 00:28:24.585
and take action to
approve standards advisory
00:28:24.585 --> 00:28:27.520
committee membership
for the school librarian
00:28:27.520 --> 00:28:29.430
and reading specialists committees.
00:28:29.430 --> 00:28:32.653
And this item begins on PDF page 134.
00:28:34.190 --> 00:28:35.867
During the, Chapter 239
00:28:35.867 --> 00:28:38.641
student services
certificate rule review,
00:28:38.641 --> 00:28:43.100
on that the aspect
adopted in February of 2020,
00:28:43.100 --> 00:28:46.400
a TEA staff presented the
board with public comments,
00:28:46.400 --> 00:28:49.200
that were received
regarding the school librarian
00:28:49.200 --> 00:28:52.250
and reading specialists
educator standards.
00:28:52.250 --> 00:28:53.790
Stating really the desire
00:28:53.790 --> 00:28:56.400
for the board to update
these standards and rule.
00:28:56.400 --> 00:28:58.829
In addition, we also received feedback
00:28:58.829 --> 00:29:01.084
from the Texas Library Association,
00:29:01.084 --> 00:29:04.860
that formally requested
that the aspect consider
00:29:04.860 --> 00:29:07.661
updating the school
librarian educator standards.
00:29:07.661 --> 00:29:10.110
Citing the changes in
professional practice in terminology
00:29:10.110 --> 00:29:12.960
and evolution in school library programs
00:29:12.960 --> 00:29:15.970
since the standards were last adopted.
00:29:15.970 --> 00:29:18.200
At your December, 2020 meeting,
00:29:18.200 --> 00:29:21.100
you approved TEA
staff to begin the process
00:29:21.100 --> 00:29:22.900
of soliciting nominations
00:29:22.900 --> 00:29:25.842
and composing educator
standard advisory committees
00:29:25.842 --> 00:29:28.980
for these two certification fields.
00:29:28.980 --> 00:29:31.330
And we're excited to share
that the School Librarian
00:29:31.330 --> 00:29:34.560
and Reading Specialist
Standards Advisory Committees,
00:29:34.560 --> 00:29:37.980
will now have the opportunity
to draft educator standards.
00:29:37.980 --> 00:29:39.990
They'll become the foundation
00:29:39.990 --> 00:29:42.500
for educator certification exams,
00:29:42.500 --> 00:29:45.741
and will establish requirements
for educator preparation
00:29:45.741 --> 00:29:48.560
program coursework and training.
00:29:48.560 --> 00:29:51.350
The proposed Reading
Specialists committee members,
00:29:51.350 --> 00:29:53.950
are on page four of the item,
00:29:53.950 --> 00:29:56.060
and the School Librarian
committee members
00:29:56.060 --> 00:29:59.030
can be found on page five of the item.
00:29:59.030 --> 00:30:00.820
And you will see on this slide,
00:30:00.820 --> 00:30:02.700
we currently have 10 committee members
00:30:02.700 --> 00:30:04.440
for the School Librarian Committee
00:30:04.440 --> 00:30:06.920
that are representative of seven regions
00:30:06.920 --> 00:30:10.100
and a representative of
cross school district preparation
00:30:10.100 --> 00:30:12.563
program and ESC representation.
00:30:13.460 --> 00:30:15.020
For our Reading Specialists Committee,
00:30:15.020 --> 00:30:16.900
We have 22 committee members,
00:30:16.900 --> 00:30:19.140
that are representative of 13 regions,
00:30:19.140 --> 00:30:21.623
and again, diverse
representation across positions,
00:30:21.623 --> 00:30:24.544
including district preparation program
00:30:24.544 --> 00:30:26.740
and service in our staff.
00:30:26.740 --> 00:30:28.260
And we did wanna make a note,
00:30:28.260 --> 00:30:32.330
on that all applicants who met
the committee qualifications,
00:30:32.330 --> 00:30:35.360
were accepted to the
respective committees,
00:30:37.408 --> 00:30:38.650
Going forward,
00:30:38.650 --> 00:30:40.700
the Standards Advisory
Committee is will meet,
00:30:40.700 --> 00:30:42.210
beginning this summer,
00:30:42.210 --> 00:30:44.206
to update the relevant
educator standards
00:30:44.206 --> 00:30:47.590
and staff would plan to bring
the committee recommended
00:30:47.590 --> 00:30:51.550
standards to the board for
discussion in December of 2021.
00:30:51.550 --> 00:30:53.170
And the full proposed timeline,
00:30:53.170 --> 00:30:55.440
is found on page six of the item
00:31:00.110 --> 00:31:00.943
Cameron.
00:31:00.943 --> 00:31:02.770
Public testimony.
00:31:02.770 --> 00:31:03.850
No, sir.
00:31:03.850 --> 00:31:04.683
Okay.
00:31:04.683 --> 00:31:06.090
Thank you.
00:31:06.090 --> 00:31:08.783
Board members, any
questions for Jessica?
00:31:11.530 --> 00:31:12.880
Alright.
00:31:12.880 --> 00:31:13.886
Just a comment, Jessica.
00:31:13.886 --> 00:31:16.300
Thank you for reaching
out to all the areas,
00:31:16.300 --> 00:31:19.454
to get great representation
for these committees.
00:31:19.454 --> 00:31:21.160
We appreciate that.
00:31:21.160 --> 00:31:22.920
And look forward to December,
00:31:22.920 --> 00:31:26.010
when you will be bringing
forward the recommendations.
00:31:26.010 --> 00:31:28.720
Is this an item for approval, Jessica?
00:31:28.720 --> 00:31:30.277
It is Dr. Cavazos, thank you.
00:31:30.277 --> 00:31:31.110
Okay.
00:31:31.110 --> 00:31:33.139
Alright, so there's the motion.
00:31:33.139 --> 00:31:35.101
Rohanna Sykes, please.
00:31:35.101 --> 00:31:38.210
I move that the board
approve the School Librarian
00:31:38.210 --> 00:31:39.560
and Reading Specialist,
00:31:39.560 --> 00:31:43.310
educators standard advisory
committees as presented.
00:31:43.310 --> 00:31:47.271
Thank you, Ms. Sykes and
Julia Dvorak seconds the motion.
00:31:47.271 --> 00:31:49.753
Any further questions or discussion?
00:31:50.650 --> 00:31:53.080
Seeing none, all those in
favor raise your right hand
00:31:53.080 --> 00:31:56.023
and hold it up high, so
the vote may be recorded.
00:31:57.530 --> 00:31:58.860
Alright.
00:31:58.860 --> 00:31:59.859
Thank you.
00:31:59.859 --> 00:32:00.863
Any opposition?
00:32:00.863 --> 00:32:01.856
Do the same.
00:32:01.856 --> 00:32:03.410
No opposition motion carries.
00:32:03.410 --> 00:32:05.123
Look forward to the work Jessica.
00:32:06.261 --> 00:32:10.883
Item 11 disciplinary
cases, Laura Moriaty.
00:32:12.396 --> 00:32:14.873
Good morning, Dr Cavazos
and good morning board.
00:32:16.799 --> 00:32:17.882
I, if it's the well,
00:32:17.882 --> 00:32:20.123
the board I would like to
take our items this morning
00:32:20.123 --> 00:32:21.850
actually out of order as
they are put in the agenda.
00:32:21.850 --> 00:32:24.590
So I would like to move the
motion for rehearing to the end
00:32:24.590 --> 00:32:25.460
of our agenda today,
00:32:25.460 --> 00:32:28.598
because I think you may
wanna go into executive session
00:32:28.598 --> 00:32:30.860
to discuss that before we get started,
00:32:30.860 --> 00:32:33.145
'cause it's a little bit different
00:32:33.145 --> 00:32:33.983
than what you normally see.
00:32:34.846 --> 00:32:36.429
So in order to leave time for that,
00:32:36.429 --> 00:32:37.262
I'd like to start with
the easy stuff first
00:32:37.262 --> 00:32:38.660
and just start with the defaults.
00:32:38.660 --> 00:32:40.010
Is that all with the board?
00:32:40.998 --> 00:32:41.831
That's good.
00:32:41.831 --> 00:32:42.664
Right.
00:32:42.664 --> 00:32:43.497
Okay.
00:32:43.497 --> 00:32:44.420
So I need to start with
the no answer defaults.
00:32:44.420 --> 00:32:45.611
These are folks who did not respond,
00:32:45.611 --> 00:32:47.426
but we sent them a written petition.
00:32:47.426 --> 00:32:51.470
They need to answer in
writing and they did not.
00:32:51.470 --> 00:32:53.390
Staff needs to pull one of these.
00:32:53.390 --> 00:32:55.361
We need to pull Default 17
00:32:55.361 --> 00:32:58.150
because the recommended sanction
00:32:58.150 --> 00:33:03.150
has put in the agenda
and on your paperwork,
00:33:03.270 --> 00:33:06.208
does not actually match his
community supervision period.
00:33:06.208 --> 00:33:08.030
So that was five years.
00:33:08.030 --> 00:33:09.810
We put in the paperwork four years
00:33:09.810 --> 00:33:12.270
but we need to correct that
staff's actual recommendation
00:33:12.270 --> 00:33:13.560
there is five years.
00:33:13.560 --> 00:33:15.450
So we will vote that one separately.
00:33:15.450 --> 00:33:17.053
That was number 17.
00:33:18.032 --> 00:33:21.327
If anyone else has any
that they would like to pull,
00:33:21.327 --> 00:33:24.370
now would be the time to let me know.
00:33:24.370 --> 00:33:25.203
Board members.
00:33:29.000 --> 00:33:30.590
Alright, Laura, you're back on.
00:33:30.590 --> 00:33:31.423
Wow.
00:33:31.423 --> 00:33:32.256
This is a historic day.
00:33:32.256 --> 00:33:33.828
No one pulled anything.
00:33:33.828 --> 00:33:35.552
Well, hurry up
or it may change.
00:33:35.552 --> 00:33:36.712
Alright.
00:33:36.712 --> 00:33:41.211
Well then we can vote the first motion.
00:33:41.211 --> 00:33:43.011
Cameron, if you could.
00:33:43.011 --> 00:33:45.255
For the group that does not include 17.
00:33:45.255 --> 00:33:46.372
Okay.
00:33:46.372 --> 00:33:47.472
Thank you.
00:33:47.472 --> 00:33:48.487
Board members.
00:33:48.487 --> 00:33:49.617
The motion is there on your slide deck.
00:33:49.617 --> 00:33:50.867
I see a motion.
00:33:55.115 --> 00:33:57.527
All right, Mr. (indistinct).
00:33:57.527 --> 00:34:00.550
I called to order
default cases.
00:34:00.550 --> 00:34:03.020
Number 1 through 30
as listed on the agenda,
00:34:03.020 --> 00:34:05.640
excluding case number 17.
00:34:05.640 --> 00:34:07.800
I moved at the board
grant staff's request
00:34:07.800 --> 00:34:09.480
for the issuance of default judgments
00:34:09.480 --> 00:34:11.050
and enter final orders consistent
00:34:11.050 --> 00:34:12.383
with staff's recommendations.
00:34:13.368 --> 00:34:14.390
Okay.
00:34:14.390 --> 00:34:15.800
Do I have a second|
00:34:15.800 --> 00:34:18.043
Mr. Coleman seconds that motion.
00:34:19.400 --> 00:34:20.233
Alright.
00:34:20.233 --> 00:34:21.066
All those in favor.
00:34:21.066 --> 00:34:22.810
Raise your right hand and hold it up
00:34:22.810 --> 00:34:25.213
so that the vote may be recorded.
00:34:26.950 --> 00:34:28.431
Alright.
00:34:28.431 --> 00:34:29.487
Thank you.
00:34:29.487 --> 00:34:30.320
Any opposition do the same.
00:34:30.320 --> 00:34:32.640
No opposition, motion
carries unanimously.
00:34:32.640 --> 00:34:34.237
Ms. Moriaty you're next.
00:34:34.237 --> 00:34:35.210
Thank you.
00:34:35.210 --> 00:34:37.200
So that takes us to number 17
00:34:37.200 --> 00:34:39.130
in the matter of David Stott Edwards.
00:34:39.130 --> 00:34:40.980
And again, staff's recommendation
00:34:40.980 --> 00:34:43.230
is for a five-year suspension,
00:34:43.230 --> 00:34:45.100
not a four-year suspension.
00:34:45.100 --> 00:34:48.520
'Cause that's matching his
time of community supervision.
00:34:48.520 --> 00:34:49.433
Mr. Coleman.
00:34:50.585 --> 00:34:54.300
I actually had that
one marked to pull it
00:34:54.300 --> 00:34:58.587
before Ms. Moriaty brought it up.
00:34:58.587 --> 00:35:03.587
I get that the recommended
suspension period is four years
00:35:04.500 --> 00:35:07.100
or five years, and that matches
00:35:07.100 --> 00:35:10.614
this defendant's a five-year
deferred adjudication probation
00:35:10.614 --> 00:35:13.603
that he received in the criminal case.
00:35:13.603 --> 00:35:17.368
Here's my concern
is that we routinely get
00:35:17.368 --> 00:35:19.930
these disciplinary cases before us
00:35:19.930 --> 00:35:22.320
where educators make lapses in judgment.
00:35:22.320 --> 00:35:25.019
Momentarily making a bad decision,
00:35:25.019 --> 00:35:27.840
good people making a bad
decision on a particular day.
00:35:27.840 --> 00:35:30.920
Either involving
violence or some decision
00:35:30.920 --> 00:35:32.574
to get intoxicating, (indistinct).
00:35:32.574 --> 00:35:33.853
I get that.
00:35:33.853 --> 00:35:38.730
But here in this case,
the allegations are,
00:35:38.730 --> 00:35:41.392
that this person elect
surreptitiously recorded a student.
00:35:41.392 --> 00:35:45.860
And there's not, the
details are very scarce here
00:35:45.860 --> 00:35:49.501
but it mentions in a
place where the student
00:35:49.501 --> 00:35:53.640
would have had a reasonable
expectation of privacy.
00:35:53.640 --> 00:35:57.140
So that leads me to conclude
it's somewhere along the lines
00:35:57.140 --> 00:36:00.130
of either a restroom or a
locker room or something
00:36:00.130 --> 00:36:03.637
like that, which there, it
looks tails into my concern
00:36:03.637 --> 00:36:07.182
which is this is a person who
engaged in a methodical plan.
00:36:07.182 --> 00:36:09.340
And it seems to me that in a,
00:36:09.340 --> 00:36:14.340
a person like this did not
make that momentary lapse
00:36:20.450 --> 00:36:23.220
in judgment or made a poor decision.
00:36:23.220 --> 00:36:25.670
This is a person that I
would be concerned about.
00:36:27.215 --> 00:36:29.739
This shows their true
proclivity to engage
00:36:29.739 --> 00:36:31.370
in something that's in my mind,
00:36:31.370 --> 00:36:33.250
not far from, you know,
00:36:33.250 --> 00:36:38.250
not a far leap to say that this person,
00:36:38.610 --> 00:36:42.390
you know, could be considered, you know
00:36:42.390 --> 00:36:44.060
turn out to a pedophile.
00:36:44.060 --> 00:36:46.980
You know and please I
welcome other board members,
00:36:46.980 --> 00:36:48.262
thoughts on this.
00:36:48.262 --> 00:36:50.600
I don't, I don't wanna
get too far out there
00:36:50.600 --> 00:36:54.650
but I have some serious
concerns about this person being,
00:36:54.650 --> 00:36:58.793
who would engage in this type of a plot,
00:37:00.081 --> 00:37:04.820
their ability to be to rehabilitate
00:37:04.820 --> 00:37:07.523
or change behavior going forward.
00:37:08.380 --> 00:37:11.000
I have concerns about
them being in the classroom.
00:37:12.220 --> 00:37:13.053
If I may Chairman Cavazos.
00:37:13.053 --> 00:37:15.620
I just wanna point out that the person
00:37:15.620 --> 00:37:18.630
who was surreptitiously
observed was not a student
00:37:18.630 --> 00:37:19.940
in this case.
00:37:19.940 --> 00:37:21.078
it was an adult.
00:37:21.078 --> 00:37:22.100
That does not change
Mr. Coleman's argument
00:37:23.873 --> 00:37:25.658
about the planning that goes into this.
00:37:25.658 --> 00:37:26.819
That's absolutely true.
00:37:26.819 --> 00:37:28.590
It would have been premeditated.
00:37:28.590 --> 00:37:29.423
But I just wanna make
it clear for everyone
00:37:29.423 --> 00:37:30.256
that this was not a
student, it was an adult.
00:37:30.256 --> 00:37:31.089
Thank you.
00:37:31.089 --> 00:37:31.922
Thank you for pointing it out.
00:37:33.300 --> 00:37:37.203
Any other questions or
any comments on this case?
00:37:43.520 --> 00:37:44.520
Alright.
00:37:44.520 --> 00:37:45.903
Seeing, oh Dr. Kelly.
00:37:47.342 --> 00:37:49.182
I was just gonna
join Tommy that I had.
00:37:49.182 --> 00:37:52.584
I started that same one with
the same general perceptionist
00:37:52.584 --> 00:37:57.584
as Tommy had concur with
his recommendation on it.
00:37:59.070 --> 00:38:03.160
So Laura any, the change
to a five-year suspension.
00:38:03.160 --> 00:38:07.044
That uptake would be
a-- Okay, sorry.
00:38:07.044 --> 00:38:09.020
You did, you could go
to a longer suspension
00:38:09.020 --> 00:38:10.410
or you could get a revocation.
00:38:10.410 --> 00:38:11.243
Either way.
00:38:12.595 --> 00:38:13.700
Any other...
00:38:13.700 --> 00:38:14.783
Go ahead Tom.
00:38:16.290 --> 00:38:19.358
Laura, I'm sorry, Ms. Moriaty,
00:38:19.358 --> 00:38:24.334
is there any further, I
mean, it would've helped,
00:38:24.334 --> 00:38:26.621
be helpful for me to
know a little bit more
00:38:26.621 --> 00:38:27.812
about the details.
00:38:27.812 --> 00:38:29.770
I will concede that I was
under the wrong impression
00:38:29.770 --> 00:38:32.620
that it was a student that was involved,
00:38:32.620 --> 00:38:34.964
but, I mean we just don't have,
00:38:34.964 --> 00:38:37.220
there's nothing here, there you know--
00:38:37.220 --> 00:38:38.080
Yes.
00:38:38.080 --> 00:38:40.020
We did not get a lot of information.
00:38:40.020 --> 00:38:41.450
I don't think we had the police report.
00:38:41.450 --> 00:38:44.670
We were just working off the
paperwork coming out of court.
00:38:44.670 --> 00:38:46.480
So we did not have a lot of details
00:38:46.480 --> 00:38:47.810
about what the specifics here were
00:38:47.810 --> 00:38:49.130
except that it was an adult.
00:38:49.130 --> 00:38:51.280
By the way they were charged.
00:38:51.280 --> 00:38:54.307
So you know what I know I'm afraid.
00:38:54.307 --> 00:38:57.638
Okay. Ms Streepey
you have your hand up.
00:38:57.638 --> 00:38:58.943
Yes.
00:38:58.943 --> 00:39:00.737
I marked the same case as well.
00:39:00.737 --> 00:39:04.450
Particularly on the findings of fact 13
00:39:04.450 --> 00:39:08.101
that said felony probation
for a sexual offense.
00:39:08.101 --> 00:39:09.830
I said that it was sexual in nature.
00:39:09.830 --> 00:39:12.853
And also that there was
no indication of rehabilitation.
00:39:16.116 --> 00:39:16.949
Okay.
00:39:19.824 --> 00:39:22.683
I guess Tommy or
Dr. Kelly or Jean Streepey,
00:39:23.980 --> 00:39:27.220
are you putting your thoughts out there?
00:39:27.220 --> 00:39:28.053
Tommy.
00:39:28.053 --> 00:39:29.240
Go ahead.
00:39:29.240 --> 00:39:32.592
I think I feel comfortable
making a motion
00:39:32.592 --> 00:39:37.073
to revoke this educators certification.
00:39:38.774 --> 00:39:39.667
Alright.
00:39:39.667 --> 00:39:42.183
Any other comments or questions?
00:39:43.413 --> 00:39:47.700
I think that motion is reflected.
00:39:47.700 --> 00:39:50.860
You wanna make that motion, Mr. Coleman?
00:39:50.860 --> 00:39:52.770
Thank you with your permission,
00:39:52.770 --> 00:39:57.140
Dr. Cavazos, I'll call it to
order default case number 17
00:39:57.140 --> 00:39:58.413
is listed on the agenda.
00:39:59.351 --> 00:40:01.800
I move that the board
grant staff's request
00:40:01.800 --> 00:40:03.810
for an issuance of default judgment
00:40:03.810 --> 00:40:05.890
and enter a final order,
00:40:05.890 --> 00:40:08.393
issuing a sanction of revocation.
00:40:09.260 --> 00:40:10.690
Okay.
00:40:10.690 --> 00:40:14.280
There's a motion and
Mr. (indistinct) seconds that motion.
00:40:14.280 --> 00:40:18.320
Any further questions from Ms. Moriaty?
00:40:18.320 --> 00:40:19.153
Seeing none,
00:40:19.153 --> 00:40:21.470
all those in favor, raise
your right hand and hold it up.
00:40:21.470 --> 00:40:23.673
So the vote may be recorded.
00:40:25.453 --> 00:40:26.360
Okay.
00:40:26.360 --> 00:40:27.360
Thank you.
00:40:27.360 --> 00:40:29.133
Any opposition do the same.
00:40:30.120 --> 00:40:32.340
No opposition, motion
carries unanimously.
00:40:32.340 --> 00:40:33.190
Ms Moriaty.
00:40:34.330 --> 00:40:37.390
So that takes us
to SOAH defaults.
00:40:37.390 --> 00:40:40.000
These are folks who did
not show up to their hearing.
00:40:40.000 --> 00:40:43.070
When we went to the state
office of administrative hearings.
00:40:43.070 --> 00:40:44.829
I need to pull SOAH default 1
00:40:44.829 --> 00:40:49.820
for us to consider separately
because Ms. Armstrong,
00:40:49.820 --> 00:40:51.967
the respondent in that case,
00:40:51.967 --> 00:40:54.374
wants to make an
argument about good cause.
00:40:54.374 --> 00:40:55.720
And I wanna take that
as a separate argument.
00:40:55.720 --> 00:40:57.854
So we have two of the SOAH defaults
00:40:57.854 --> 00:40:58.687
that we can vote through as a group
00:40:58.687 --> 00:41:01.390
unless the board wants to
discuss those two separately.
00:41:04.180 --> 00:41:05.250
Okay.
00:41:05.250 --> 00:41:07.873
Let's go ahead and do it as a group.
00:41:11.370 --> 00:41:12.640
Alright.
00:41:12.640 --> 00:41:14.933
The motion is on the slide deck.
00:41:17.940 --> 00:41:18.983
I have a motion.
00:41:21.970 --> 00:41:24.343
Alright, Dr. Bob, preside.
00:41:29.514 --> 00:41:33.403
I call to order
SOAH default cases.
00:41:35.580 --> 00:41:38.010
Number two and three
as listed on the agenda,
00:41:38.010 --> 00:41:40.600
and a move that the
board grant staff's request
00:41:40.600 --> 00:41:43.460
for the issuance of
SOAH default judgements
00:41:43.460 --> 00:41:44.380
and enter final orders
00:41:44.380 --> 00:41:47.380
consistent with staff's recommendations.
00:41:47.380 --> 00:41:48.793
Thank you, Bob.
00:41:48.793 --> 00:41:49.626
Any second?
00:41:49.626 --> 00:41:50.459
I see a second.
00:41:52.170 --> 00:41:53.863
Jean Streepey seconds.
00:41:54.760 --> 00:41:56.653
Any further questions or discussion?
00:41:57.500 --> 00:41:58.760
Back to Kelly?
00:41:58.760 --> 00:42:00.040
Yes.
00:42:00.040 --> 00:42:01.110
Members of SBEC.
00:42:01.110 --> 00:42:06.110
I had some concerns about
SOAH default number two.
00:42:07.190 --> 00:42:10.580
This is a very serious
violation of star testing
00:42:10.580 --> 00:42:15.580
where they actually took a
photo and gave it to the student.
00:42:16.870 --> 00:42:21.870
So, you know, I think
I'm in favor of the motion
00:42:22.170 --> 00:42:24.151
but I just wanna point out that,
00:42:24.151 --> 00:42:26.300
part of me would like to have seen
00:42:26.300 --> 00:42:29.373
that as permanent revocation,
rather than just revocation.
00:42:30.525 --> 00:42:35.525
But I, you know, I defer to
the rest of the board on that.
00:42:38.170 --> 00:42:39.410
Thank you, Dr. Kelly.
00:42:39.410 --> 00:42:41.792
Any other comments on the two cases?
00:42:41.792 --> 00:42:44.697
Okay.
00:42:44.697 --> 00:42:46.270
See none, all those in favor,
00:42:46.270 --> 00:42:48.760
raise your right hand
and hold it up high.
00:42:48.760 --> 00:42:51.283
So that the board may,
the vote may be recorded.
00:42:54.010 --> 00:42:55.362
Alright.
00:42:55.362 --> 00:42:56.195
Thank you.
00:42:56.195 --> 00:42:57.283
Any opposition to the same?
00:42:58.210 --> 00:43:00.413
No opposition, motion
carries unanimously.
00:43:01.450 --> 00:43:03.130
Ms. Moriaty.
00:43:03.130 --> 00:43:04.491
Okay.
00:43:04.491 --> 00:43:05.960
So that'll take us back
to SOAH default 1.
00:43:05.960 --> 00:43:09.090
Jessica if you are still around,
00:43:09.090 --> 00:43:10.980
I could, if I could get my second slide,
00:43:10.980 --> 00:43:12.710
that would be awesome.
00:43:12.710 --> 00:43:14.132
I just wanna talk us through,
00:43:14.132 --> 00:43:16.110
we don't see very many good
cause for default arguments.
00:43:16.110 --> 00:43:19.311
So it's a little bit
weird for the (indistinct)
00:43:19.311 --> 00:43:20.720
to walk through the standards.
00:43:20.720 --> 00:43:22.883
So next slide, please,
Jessica, if you would.
00:43:22.883 --> 00:43:27.110
So the thing we're going
under here is 249.35
00:43:27.110 --> 00:43:29.690
which allows a respondent
to come before the board
00:43:29.690 --> 00:43:32.229
and show good cause for the reason
00:43:32.229 --> 00:43:33.887
that they failed to file an answer
00:43:33.887 --> 00:43:35.912
or to appear at the
contested case proceeding.
00:43:35.912 --> 00:43:37.520
In this case it's someone
who failed to appear
00:43:38.380 --> 00:43:39.310
at the contested case proceeding.
00:43:39.310 --> 00:43:41.350
Next slide please Jessica.
00:43:41.350 --> 00:43:44.160
So they, when Texas courts look at this,
00:43:44.160 --> 00:43:45.550
the Supreme court has said,
00:43:45.550 --> 00:43:47.120
that the important thing in good cause
00:43:47.120 --> 00:43:50.420
is that the failure to
appear was not intentional
00:43:50.420 --> 00:43:53.040
or the result of conscious indifference.
00:43:53.040 --> 00:43:55.690
That was the result of
an accident or mistake.
00:43:55.690 --> 00:43:57.520
So again, this is a pretty low standard,
00:43:57.520 --> 00:43:59.470
but it has to be that
the failure to appear
00:43:59.470 --> 00:44:01.090
was not intentional.
00:44:01.090 --> 00:44:04.210
Or conscious and different
spoke was an accident or mistake.
00:44:04.210 --> 00:44:07.660
So that is your legal standard
for good cause for default.
00:44:07.660 --> 00:44:09.370
The most important thing here,
00:44:09.370 --> 00:44:13.470
is that we are not getting
into the merits of this case.
00:44:13.470 --> 00:44:15.400
Because this case has not gone to SOAH.
00:44:15.400 --> 00:44:18.240
It has not had an evidentiary hearing.
00:44:18.240 --> 00:44:21.780
There is that the merits
have not been explored yet.
00:44:21.780 --> 00:44:24.290
They are not teed up for you to look at.
00:44:24.290 --> 00:44:26.990
So the only question
in front of you today is
00:44:26.990 --> 00:44:30.469
did Ms. Armstrong have good
cause to not show up to her
00:44:30.469 --> 00:44:31.552
SOAH hearing?
00:44:32.640 --> 00:44:37.170
So Ms. Armstrong is
represented by an attorney today.
00:44:37.170 --> 00:44:40.484
Mr. Schaffer, who I
believe is on the Zoom.
00:44:40.484 --> 00:44:42.700
We will be act,
00:44:42.700 --> 00:44:44.210
we will be treating this procedurally
00:44:44.210 --> 00:44:46.620
as if it's it's like a PFD or arguments.
00:44:46.620 --> 00:44:49.650
So Mr. Schaeffer, Ms.
Armstrong will have 10 minutes
00:44:49.650 --> 00:44:51.600
to speak and they are the party moving.
00:44:52.559 --> 00:44:54.531
So they'll get to go first,
00:44:54.531 --> 00:44:57.383
Mr. Hensley is represented
staff on this case
00:44:57.383 --> 00:44:58.216
so he will get to respond.
00:44:58.216 --> 00:45:01.411
And then Mr. Schaeffer
will get to respond to rebuttal.
00:45:01.411 --> 00:45:02.244
Mr. Hensley's position,
00:45:02.244 --> 00:45:04.550
assuming he has time leftover,
he reserved time to do that.
00:45:04.550 --> 00:45:05.848
So that that's how this will go.
00:45:05.848 --> 00:45:07.012
10 minutes for each side.
00:45:07.012 --> 00:45:10.211
Mr. Schaeffer can reserve.
00:45:10.211 --> 00:45:12.590
After that, it will be up to the board.
00:45:12.590 --> 00:45:14.740
And again, the only question here is,
00:45:14.740 --> 00:45:17.240
was there good cause for Ms. Armstrong
00:45:17.240 --> 00:45:19.273
to fail to appear at the SOAH hearing?
00:45:20.350 --> 00:45:22.970
The question is we cannot
look at the merits of the case
00:45:22.970 --> 00:45:26.619
or make any decision
on that basis right now,
00:45:26.619 --> 00:45:28.723
in this motion.
00:45:29.560 --> 00:45:30.929
Okay.
00:45:30.929 --> 00:45:32.350
So with that said, Mr. Schaffer,
00:45:32.350 --> 00:45:34.100
I believe the way
we're doing timers today
00:45:34.100 --> 00:45:36.930
is that when you get down to
what are we doing Cameron,
00:45:36.930 --> 00:45:39.952
where you're gonna warn them
when they're down to a minute.
00:45:39.952 --> 00:45:43.050
I'm gonna warn you when
you have five minutes left,
00:45:43.050 --> 00:45:44.286
on your reb, if you have rebuttal,
00:45:44.286 --> 00:45:45.768
I will tell you how
much time you have left
00:45:45.768 --> 00:45:47.029
for your rebuttal.
00:45:47.029 --> 00:45:49.060
And when you get down to a minute,
00:45:49.060 --> 00:45:52.260
I will interrupt you and
say, this is your final minute.
00:45:52.260 --> 00:45:53.093
Okay.
00:45:53.093 --> 00:45:53.926
Perfect.
00:45:55.287 --> 00:45:56.120
Alright
00:45:56.120 --> 00:45:57.930
So Mr. Schaeffer, whenever you're ready.
00:45:57.930 --> 00:45:59.350
Alright.
00:45:59.350 --> 00:46:00.348
Thank you.
00:46:00.348 --> 00:46:01.347
Members of the board.
00:46:01.347 --> 00:46:02.345
Good morning.
00:46:02.345 --> 00:46:03.362
My name is Tylden Schaeffer.
00:46:03.362 --> 00:46:04.362
I represent Sandra Armstrong
in this matter and agreed.
00:46:04.362 --> 00:46:05.368
We are just here on
a very specific point
00:46:05.368 --> 00:46:09.866
and I don't think I'm gonna
take the full 10 minutes.
00:46:09.866 --> 00:46:14.800
Which is probably a
good thing for (indistinct).
00:46:16.813 --> 00:46:21.070
Ms. Armstrong did not
have counsel until a couple
00:46:21.070 --> 00:46:24.550
of weeks ago when I
took over the case for her.
00:46:24.550 --> 00:46:28.030
And it was apparent when I
reviewed all of her submissions
00:46:28.030 --> 00:46:31.284
and communications with
the staff attorney, Mr. Hensley,
00:46:31.284 --> 00:46:35.073
that she did not understand proceedings.
00:46:35.980 --> 00:46:40.516
She did fail to show up to a
contested hearing in January,
00:46:40.516 --> 00:46:45.430
and, but she had made
some requests to Mr. Hensley,
00:46:45.430 --> 00:46:49.670
starting on January 6th.
00:46:49.670 --> 00:46:53.140
She and she would pray good
about sending these things,
00:46:53.140 --> 00:46:54.320
certified mail.
00:46:54.320 --> 00:46:56.532
I've got all the receipts.
00:46:56.532 --> 00:47:00.183
When you look at the
aff, if an affidavit demand,
00:47:01.485 --> 00:47:02.650
notice and demand, she's
asking me for discovery.
00:47:02.650 --> 00:47:06.500
She doesn't understand
how the process is working.
00:47:06.500 --> 00:47:09.500
And she's not getting the information
00:47:09.500 --> 00:47:11.810
she thinks she should be getting.
00:47:11.810 --> 00:47:16.810
So then she sends
another email to Mr. Hensley
00:47:17.930 --> 00:47:20.580
on January 15th.
00:47:20.580 --> 00:47:25.580
And I'm also showing that and basically
00:47:25.770 --> 00:47:30.770
stating saying I'm unable to
attend Monday, January 18th.
00:47:31.797 --> 00:47:34.530
And of course there
was an issue with the date
00:47:34.530 --> 00:47:35.770
and the court changed
00:47:36.609 --> 00:47:38.393
because that was a holiday, the 25th.
00:47:39.683 --> 00:47:42.391
Also I sent an affidavit
which (indistinct)
00:47:42.391 --> 00:47:44.078
it's her discovery requests.
00:47:44.078 --> 00:47:46.626
And I would like that responded
00:47:46.626 --> 00:47:50.840
to prior to the scheduled hearing.
00:47:50.840 --> 00:47:53.850
And then she does get a response
00:47:53.850 --> 00:47:56.640
on the 17th for Mr. Hensley.
00:47:56.640 --> 00:48:00.810
Said, the judge reset this
case to the 25th of January.
00:48:00.810 --> 00:48:03.540
And he sends scheduling order to her.
00:48:03.540 --> 00:48:07.270
She replies on the 21st to Mr. Hensley.
00:48:07.270 --> 00:48:09.750
Respectfully I'm waiting
answers to questions
00:48:09.750 --> 00:48:12.060
and documents that are
included in the affidavit.
00:48:12.060 --> 00:48:15.630
I had sent certified
mail on January 6th.
00:48:15.630 --> 00:48:20.010
And in an email following
the request to appear
00:48:20.010 --> 00:48:21.603
in person for the hearing.
00:48:22.510 --> 00:48:26.960
And it still has January
18th on the 15th.
00:48:26.960 --> 00:48:28.836
Based on that reason above
00:48:28.836 --> 00:48:31.390
I'm unable to attend the rescheduling
00:48:31.390 --> 00:48:36.100
of the original hearing
date on January 25th.
00:48:36.100 --> 00:48:40.110
So what, when I talked to her and when I
00:48:40.110 --> 00:48:41.740
when I looked at this situation,
00:48:41.740 --> 00:48:46.740
what's going on is she believes
that she has filed a motion
00:48:46.810 --> 00:48:50.010
and she believes she has gotten it.
00:48:50.010 --> 00:48:54.334
She doesn't understand that
Mr. Hensley, the opposing party.
00:48:54.334 --> 00:48:57.530
She's not represented by counsel.
00:48:57.530 --> 00:49:00.811
She thought she had
done everything properly.
00:49:00.811 --> 00:49:04.350
And she thought she
had a right to that reset,
00:49:04.350 --> 00:49:06.280
we all know as attorneys,
00:49:06.280 --> 00:49:08.370
that's not really how it works.
00:49:08.370 --> 00:49:10.370
You still have to show up.
00:49:10.370 --> 00:49:13.270
So this was clearly not intentional,
00:49:13.270 --> 00:49:17.999
and it was not, she was
not indifferent to the court.
00:49:17.999 --> 00:49:21.590
This was an absolute
mistake on her part.
00:49:21.590 --> 00:49:23.140
And it's unfortunate.
00:49:23.140 --> 00:49:24.330
It's an ignorant mistake,
00:49:24.330 --> 00:49:26.363
but she didn't go to law school.
00:49:27.215 --> 00:49:30.744
Without getting in the
(indistinct) I think she has,
00:49:30.744 --> 00:49:35.110
she greatly wants to present her case.
00:49:35.110 --> 00:49:36.900
This is extremely important to her,
00:49:36.900 --> 00:49:38.573
her certificate and her license.
00:49:39.510 --> 00:49:42.330
And so she going through all of this,
00:49:42.330 --> 00:49:45.227
she thought she had done
what she was supposed to do.
00:49:46.333 --> 00:49:50.880
Then she gets a letter
from TEA on February 2nd,
00:49:50.880 --> 00:49:52.780
saying, "Hey, you missed your hearing.
00:49:54.608 --> 00:49:57.113
You've only got a couple of days now
00:49:57.113 --> 00:50:02.113
to ask for a rehearing
and explain why you failed."
00:50:02.840 --> 00:50:07.540
So she sent a response to
the order of default dismissal
00:50:07.540 --> 00:50:12.013
on February 5th, and she
sent it to Christian Siano
00:50:14.280 --> 00:50:16.210
stayed off the ministry hearings
00:50:16.210 --> 00:50:21.149
and she faxed it to the
number that I gave her.
00:50:21.149 --> 00:50:24.010
And it was very simply stating again,
00:50:24.010 --> 00:50:26.460
I did not believe I defaulted.
00:50:26.460 --> 00:50:28.970
I've been in constant
communication with attorney Hensley
00:50:28.970 --> 00:50:33.660
representing TEA, SBEC via email,
00:50:33.660 --> 00:50:36.622
regarding possible change for dates.
00:50:36.622 --> 00:50:40.560
He added my information
where I requested information,
00:50:40.560 --> 00:50:41.750
the discovery requests.
00:50:41.750 --> 00:50:42.880
If she thinks again,
00:50:42.880 --> 00:50:47.880
she's complied and has
complied with a response
00:50:48.050 --> 00:50:49.760
to the default judgment,
00:50:49.760 --> 00:50:52.790
he then gets another
letter now from again
00:50:52.790 --> 00:50:55.763
from state optimist right
of hearing on March 2nd.
00:50:56.610 --> 00:50:59.330
And they said, "Look, the
time to file a motion to set aside
00:50:59.330 --> 00:51:01.070
dismissal is gone.
00:51:01.070 --> 00:51:04.540
And then she sends on
March 15th in response to that.
00:51:04.540 --> 00:51:06.970
Al of the documents
I've been talking about.
00:51:06.970 --> 00:51:09.930
Showing look, "I asked
her discovery, didn't get it.
00:51:09.930 --> 00:51:12.350
Twice asked for a reset.
00:51:12.350 --> 00:51:13.940
Thought I had it.
00:51:13.940 --> 00:51:18.160
I respond, I thought I
responded to the deep dismissal
00:51:18.160 --> 00:51:19.500
for default."
00:51:19.500 --> 00:51:22.080
So that sort of situation.
00:51:22.080 --> 00:51:24.040
I'm now representing her.
00:51:24.040 --> 00:51:27.730
I will continue to, if this
matter is able to go forward.
00:51:27.730 --> 00:51:30.410
I understand this matter
needs to be taken care of.
00:51:30.410 --> 00:51:32.980
She does take this very seriously.
00:51:32.980 --> 00:51:35.650
And I think now that she has counsel,
00:51:35.650 --> 00:51:37.390
I think we can get
right on the right track.
00:51:37.390 --> 00:51:39.120
So we're asking the board
00:51:39.120 --> 00:51:42.050
and its discretionary
power to take a look
00:51:42.050 --> 00:51:44.210
at this thing and understand
we have a teacher
00:51:44.210 --> 00:51:47.295
who just, who was not intentionally,
00:51:47.295 --> 00:51:49.610
disregarding the process.
00:51:49.610 --> 00:51:51.443
So that that's what I have right now.
00:51:56.543 --> 00:51:58.960
You have four minutes left.
00:52:00.460 --> 00:52:01.860
Now it's Mr. Hensley's turn.
00:52:04.240 --> 00:52:06.320
Board members
counsel for Mr. Armstrong
00:52:06.320 --> 00:52:08.170
leaves out certain steps.
00:52:08.170 --> 00:52:10.750
Now we sent out the original notice
00:52:10.750 --> 00:52:14.440
of hearing back on November
4th, 2020 to Ms. Armstrong.
00:52:14.440 --> 00:52:16.850
We did suit her official
address of record.
00:52:16.850 --> 00:52:19.287
Additionally, we did
it to an email address.
00:52:19.287 --> 00:52:22.020
Now I've had communications
with Ms. Armstrong
00:52:22.020 --> 00:52:23.320
at this email address.
00:52:23.320 --> 00:52:25.400
She got the original notice of hearing.
00:52:25.400 --> 00:52:26.870
She actually answered that.
00:52:26.870 --> 00:52:30.230
So she knew how to follow
rules and answer things time.
00:52:30.230 --> 00:52:32.100
But she did that timely.
00:52:32.100 --> 00:52:34.410
Now I made a mistake
as a long stay worker.
00:52:34.410 --> 00:52:36.010
You think I would be all about holidays,
00:52:36.010 --> 00:52:38.923
but I forgotten January
18th was MLK Day.
00:52:39.830 --> 00:52:43.700
So the, Mr. (indistinct) very
nicely discovered my mistake.
00:52:43.700 --> 00:52:44.970
And we sent that.
00:52:44.970 --> 00:52:49.600
Now that is an order number
one that the judge sent out.
00:52:49.600 --> 00:52:53.467
Just sent that out on November 9, 2020.
00:52:53.467 --> 00:52:54.940
So known to both parties.
00:52:54.940 --> 00:52:57.850
So that after January 25th, 2021.
00:52:57.850 --> 00:52:58.750
Now board members,
00:52:59.765 --> 00:53:02.180
I wanna point out to you
in the notice of hearing.
00:53:02.180 --> 00:53:04.810
We are mandated by law
00:53:04.810 --> 00:53:07.670
that there are certain things
we have to put in there.
00:53:07.670 --> 00:53:11.410
That give people whether
they're represent or not,
00:53:11.410 --> 00:53:14.070
notice of what happens
when they default,
00:53:14.070 --> 00:53:17.400
when they do not show
up to a SOAH hearing.
00:53:17.400 --> 00:53:19.870
We did all of those things.
00:53:19.870 --> 00:53:23.020
Ms. Armstrong had notice
of what would happen
00:53:23.020 --> 00:53:24.900
if she did not show up.
00:53:24.900 --> 00:53:29.060
Now I did get something
from Ms. Armstrong.
00:53:29.060 --> 00:53:32.663
Now it was mailed
allegedly on January 6th.
00:53:33.510 --> 00:53:36.150
I did not get that until sometime later,
00:53:36.150 --> 00:53:38.900
and we're not working,
we're working remotely.
00:53:38.900 --> 00:53:43.540
So once that gets
scanned, I get it first off.
00:53:43.540 --> 00:53:47.560
Even if she mailed it January
6th, that's late discovery.
00:53:47.560 --> 00:53:51.890
I'm under no a duty
to answer that frankly.
00:53:51.890 --> 00:53:53.630
Part to that in comprehensible
00:53:53.630 --> 00:53:55.864
I discussed that with
other people in the office.
00:53:55.864 --> 00:53:57.880
And we agree I did not
have to answer that ,.
00:53:57.880 --> 00:54:00.930
Now Apparently Ms. Armstrong,
00:54:00.930 --> 00:54:04.290
somehow was under the misapprehension
00:54:04.290 --> 00:54:07.620
that the hearing was still on the 18th.
00:54:07.620 --> 00:54:10.070
Now as her counsel talks about.
00:54:10.070 --> 00:54:12.170
on Sunday, January 6,
00:54:14.792 --> 00:54:18.960
I apologize on January 18th,
00:54:18.960 --> 00:54:20.580
I get an email from Ms. Armstrong.
00:54:20.580 --> 00:54:24.210
Again at a email we had sent notice to.
00:54:24.210 --> 00:54:26.860
Respectfully I'm unable to
attend the Monday generates
00:54:26.860 --> 00:54:29.670
2021 hearing due to short notice.
00:54:29.670 --> 00:54:32.230
Well, there is no short notice.
00:54:32.230 --> 00:54:35.410
If she's still under the
belief that the hearing
00:54:35.410 --> 00:54:36.870
is set on January 18th,
00:54:36.870 --> 00:54:39.420
she'd had noticed since early November.
00:54:39.420 --> 00:54:42.321
So that statement is not true.
00:54:42.321 --> 00:54:45.085
And then she goes on
regarding the affidavit
00:54:45.085 --> 00:54:46.305
sent in January 6th.
00:54:46.305 --> 00:54:48.773
I wrote to respond to before
a hearing date is scheduled.
00:54:50.840 --> 00:54:53.083
No time does she ask me
if her continuance no time
00:54:53.083 --> 00:54:55.460
that she asked the stay
off administrative hearings
00:54:55.460 --> 00:54:56.340
for convenience.
00:54:56.340 --> 00:54:59.750
I reply on Sunday, January 17th
00:54:59.750 --> 00:55:03.820
that the judge had reset
this case to January 25th.
00:55:03.820 --> 00:55:05.310
I give her,
00:55:05.310 --> 00:55:07.809
the orders were sitting
in the hearing date
00:55:07.809 --> 00:55:09.280
and providing the Zoom information.
00:55:09.280 --> 00:55:12.770
Board number she has
notice of when that hearing is.
00:55:12.770 --> 00:55:14.980
she does not show up to that hearing.
00:55:14.980 --> 00:55:18.640
Now, board members, counselors.
00:55:18.640 --> 00:55:20.661
It makes you think that,
00:55:20.661 --> 00:55:24.253
she thought that motion for
continuance had been filed
00:55:24.253 --> 00:55:26.714
and that that's all she had to do but,
00:55:26.714 --> 00:55:30.915
that ignores a series of steps
that actually Ms. Armstrong.
00:55:30.915 --> 00:55:35.540
Now, when she does not
show up the SOAH judge
00:55:37.140 --> 00:55:40.100
enters an order of dismissal.
00:55:40.100 --> 00:55:41.970
A default order dismissal,
00:55:41.970 --> 00:55:44.290
that was entered on February 1st, 2021.
00:55:44.290 --> 00:55:46.050
It's given to both parties.
00:55:46.050 --> 00:55:48.230
Now that tells Ms. Armstrong,
00:55:48.230 --> 00:55:52.150
that she has 15 days
to file that motion.
00:55:52.150 --> 00:55:53.000
She ignores that.
00:55:55.280 --> 00:55:56.593
And then once its,
00:55:57.524 --> 00:55:59.868
we're remanded back to the
board for further proceedings,
00:55:59.868 --> 00:56:01.620
it's only then on March 19th,
00:56:01.620 --> 00:56:06.620
that Ms. Armstrong finally
gets back with SOAH.
00:56:06.820 --> 00:56:10.207
Now board members
to believe Ms. Armstrong
00:56:10.207 --> 00:56:13.290
is to believe that she knows
how to answer a hearing,
00:56:13.290 --> 00:56:14.870
answer a notice of hearing
00:56:14.870 --> 00:56:18.810
that she knows when the
original hearing date was,
00:56:18.810 --> 00:56:21.760
but then she skips every
single other step that's required.
00:56:22.788 --> 00:56:27.683
That bears disbelief board members.
00:56:28.750 --> 00:56:31.947
To no time did the SOAH that she say
00:56:31.947 --> 00:56:35.303
that she wanted a
motion for continuance.
00:56:36.458 --> 00:56:39.740
Is this a mistake on
Ms. Armstrong's part?
00:56:39.740 --> 00:56:41.980
I don't think, I think it's
conscious indifference.
00:56:41.980 --> 00:56:43.790
I think she was ignoring it.
00:56:43.790 --> 00:56:45.190
Board members I
think she was ignoring it,
00:56:45.190 --> 00:56:46.520
hoping it would go away.
00:56:46.520 --> 00:56:48.930
Again, there were multiple steps.
00:56:48.930 --> 00:56:53.097
Where she had the opportunity
to come back and say,
00:56:53.097 --> 00:56:54.520
"Here's what's going on."
00:56:54.520 --> 00:56:56.380
She failed every single time.
00:56:56.380 --> 00:56:58.242
Did not respond, did
not do what was required.
00:56:58.242 --> 00:57:01.020
And she was indifferent to the law.
00:57:01.020 --> 00:57:02.030
Board members I do not believe
00:57:02.030 --> 00:57:04.756
it was a good call from Ms. Armstrong's
00:57:04.756 --> 00:57:05.589
motion for rehearing to be granted.
00:57:07.300 --> 00:57:09.360
So now it is
Mr. Shaeffer's opportunity
00:57:09.360 --> 00:57:11.623
to say any closing
remarks he might have.
00:57:12.627 --> 00:57:16.564
I think Mr. Hensley's actually
made my point by talking
00:57:16.564 --> 00:57:21.070
about where he said
he doesn't have a duty to
00:57:21.070 --> 00:57:22.910
provide discovery,
00:57:22.910 --> 00:57:25.991
and doesn't even need your reply to it,
00:57:25.991 --> 00:57:27.330
which he did not.
00:57:27.330 --> 00:57:30.830
And talked about her
incomprehensible discovery requests.
00:57:30.830 --> 00:57:33.880
That's precisely what I
argued in my opening.
00:57:33.880 --> 00:57:36.390
There is no conscious disregard.
00:57:36.390 --> 00:57:39.930
It's in no conscious indifference.
00:57:39.930 --> 00:57:43.703
This is maybe conscious
ignorance, if you will.
00:57:44.730 --> 00:57:49.480
And again, on the January 21st reply,
00:57:49.480 --> 00:57:53.223
she says, "Respectfully
I am waiting and through,
00:57:54.309 --> 00:57:55.280
to the questions and documents
00:57:56.899 --> 00:57:57.732
that are included in
the affidavit that I sent
00:57:59.858 --> 00:58:01.785
certified mail on January 6th.
00:58:01.785 --> 00:58:03.130
And in an email following
the request to appear in-person
00:58:04.667 --> 00:58:07.230
for a hearing on January
18th, on January 15th,
00:58:07.230 --> 00:58:08.630
based on the reason above,
00:58:08.630 --> 00:58:11.200
I'm unable to attend the rescheduling
00:58:11.200 --> 00:58:14.550
of the original hearing
date of January 25th."
00:58:14.550 --> 00:58:16.930
Now that syntax that's a little bit off
00:58:16.930 --> 00:58:18.240
but you get the gist.
00:58:18.240 --> 00:58:19.633
She understands and she's,
00:58:20.950 --> 00:58:24.350
but she said, "I'm unable to attend."
00:58:24.350 --> 00:58:28.670
Now she doesn't
understand what's going on.
00:58:28.670 --> 00:58:32.630
This is not conscious
indifference in any way on her part.
00:58:32.630 --> 00:58:37.130
This is just a very unfortunate
ignorance on her part.
00:58:37.130 --> 00:58:39.750
This is what has happened here.
00:58:39.750 --> 00:58:42.849
And again, I just think
Mr. Hensley made the point.
00:58:42.849 --> 00:58:46.600
I read her her affidavit which is,
00:58:46.600 --> 00:58:48.610
I'm calling it discovery request.
00:58:48.610 --> 00:58:50.990
And yes, it is a little bit
incomprehensible in some ways
00:58:50.990 --> 00:58:53.600
because she's trying to use legal words
00:58:53.600 --> 00:58:58.600
and trying to write like she
think a lawyer would write.
00:58:59.340 --> 00:59:04.187
And it shows, I just, again,
00:59:04.187 --> 00:59:08.309
I think it's disingenuous
for Mr. Hensley to say that,
00:59:08.309 --> 00:59:11.100
that she didn't ask for a reset.
00:59:11.100 --> 00:59:13.280
Now she didn't use the
words, continuance or reset.
00:59:13.280 --> 00:59:14.770
She says, I'm unable to attend.
00:59:14.770 --> 00:59:19.500
Again this is the person
who does not understand
00:59:19.500 --> 00:59:22.360
the parlance of hearings and lawyers.
00:59:22.360 --> 00:59:25.967
And so I, just think
this is a situation where,
00:59:25.967 --> 00:59:29.240
she thought she was
telling him she needed reset.
00:59:29.240 --> 00:59:31.410
She thought she was getting it.
00:59:31.410 --> 00:59:35.350
She replies very quickly
to the default dismissal
00:59:35.350 --> 00:59:38.840
and says, "Look, I've been in
communication with Mr. Hensley
00:59:38.840 --> 00:59:41.150
about dates and changes."
00:59:41.150 --> 00:59:44.020
You know, I, it's unfortunate.
00:59:44.020 --> 00:59:45.680
She didn't show up on the Zoom,
00:59:45.680 --> 00:59:48.100
but I think it's because
she just flat out thought
00:59:48.100 --> 00:59:49.343
that she didn't have to.
00:59:50.356 --> 00:59:52.810
So, because she thought
she had gotten the reset.
00:59:52.810 --> 00:59:56.460
Mr. Hensley does not reply
saying, "You gotta show up anyway
00:59:56.460 --> 00:59:57.420
or ask the judge."
00:59:57.420 --> 00:59:58.770
He never did that.
00:59:58.770 --> 01:00:02.210
So again, I know that's
not necessarily his place,
01:00:02.210 --> 01:00:06.690
but I think it illustrates her
ignorance of the situation.
01:00:06.690 --> 01:00:09.550
The board we're asking
for you and your discretion
01:00:09.550 --> 01:00:10.920
to look at the situation,
01:00:10.920 --> 01:00:13.900
understand if we
could get a gentle reset,
01:00:13.900 --> 01:00:16.850
we will take care of this expeditiously.
01:00:16.850 --> 01:00:17.683
Thank you.
01:00:20.157 --> 01:00:23.100
And now it's the opportunity
to ask any questions
01:00:23.100 --> 01:00:26.030
or make any comments you'd like.
01:00:26.030 --> 01:00:27.671
Thank you, Ms. Moriaty.
01:00:27.671 --> 01:00:29.913
I have, Mr. Coleman has a question.
01:00:33.350 --> 01:00:37.388
Hi, my question
initially is for Mr. Shaeffer.
01:00:37.388 --> 01:00:41.797
Mr. Schaeffer, you're
not here today contesting
01:00:42.910 --> 01:00:46.470
that your client did not
receive proper notice
01:00:46.470 --> 01:00:50.300
of the January 25th sending, correct?
01:00:50.300 --> 01:00:51.260
That's correct.
01:00:51.260 --> 01:00:52.310
She got it.
01:00:52.310 --> 01:00:56.530
You're not here today
contesting that the notice
01:00:56.530 --> 01:01:00.810
of that January 25th setting
01:01:00.810 --> 01:01:05.810
did not contain those
admonishments that Mr. Hensley,
01:01:05.880 --> 01:01:08.950
you mentioned that
referred to the consequences
01:01:08.950 --> 01:01:12.600
of not appearing when
scheduled to appear.
01:01:12.600 --> 01:01:14.470
You're not contesting that, correct?
01:01:14.470 --> 01:01:15.970
I'm not.
01:01:15.970 --> 01:01:20.220
And is it fair to say that
courts across the state
01:01:20.220 --> 01:01:24.920
and across the country
routinely hold pro se litigants.
01:01:24.920 --> 01:01:27.070
In other words, those
people who are represented
01:01:27.070 --> 01:01:27.943
by an attorney,
01:01:28.925 --> 01:01:31.000
they hold them to the
same standard as attorneys
01:01:31.000 --> 01:01:34.910
to follow the rules and to
follow the procedures, correct?
01:01:34.910 --> 01:01:38.210
Only after actually
admonishing them,
01:01:38.210 --> 01:01:39.560
of that very fact,
01:01:39.560 --> 01:01:42.380
And I've been present in three
or four of those proceedings
01:01:42.380 --> 01:01:45.300
where that has happened
but she was never admonished
01:01:45.300 --> 01:01:46.930
that she's held at the same standard
01:01:46.930 --> 01:01:48.780
because judges don't like to do that.
01:01:50.730 --> 01:01:53.400
I'm not, I don't want
to turn this into a debate
01:01:53.400 --> 01:01:57.170
Mr. Schaefer, but I've
been an attorney for 19 years
01:01:58.040 --> 01:01:59.930
licensed in the State of Texas.
01:01:59.930 --> 01:02:04.006
And I've seen judges
routinely hold pro se litigants
01:02:04.006 --> 01:02:07.011
to the same standards as attorneys,
01:02:07.011 --> 01:02:10.500
with regard to following
the rules of procedure
01:02:10.500 --> 01:02:12.540
and also the rules of the court.
01:02:12.540 --> 01:02:15.170
Not withstanding any admonishments.
01:02:15.170 --> 01:02:17.220
The same question for you, Mr. Hensley,
01:02:17.220 --> 01:02:19.950
has it been your experience that,
01:02:19.950 --> 01:02:22.903
you know if you're a litigant
in whatever proceeding,
01:02:22.903 --> 01:02:26.549
judges hold you up pro se
litigant to the same standard
01:02:26.549 --> 01:02:29.820
as they do attorney?
01:02:29.820 --> 01:02:31.843
Judge, I mean,
sorry, Mr. Coleman,
01:02:32.907 --> 01:02:33.813
I always try to promote you to judge.
01:02:35.729 --> 01:02:37.689
Mr. Coleman, I've
seen that in district court,
01:02:37.689 --> 01:02:39.206
when I was with the
Attorney General's office,
01:02:39.206 --> 01:02:41.065
I've seen that set off
(indistinct) to the hearing as well.
01:02:41.065 --> 01:02:42.444
I mean, because
let me follow up
01:02:42.444 --> 01:02:44.660
with Dr. Cavazos's
permission just a little bit more.
01:02:44.660 --> 01:02:48.370
I mean, because what would
prevent any pro se litigant
01:02:48.370 --> 01:02:49.497
from coming back later on
01:02:49.497 --> 01:02:51.830
and just simply saying as in this case,
01:02:51.830 --> 01:02:53.540
well, I believe that to be one thing
01:02:53.540 --> 01:02:55.520
or I believe the rules to be another,
01:02:55.520 --> 01:02:58.820
I mean what would prevent
them from essentially,
01:02:58.820 --> 01:03:00.470
putting forth their argument,
01:03:00.470 --> 01:03:02.650
in each and every case
when they've missed a deadline
01:03:02.650 --> 01:03:04.350
or they didn't follow a procedure?
01:03:05.720 --> 01:03:08.060
Well, as far as--
01:03:08.060 --> 01:03:10.272
No Mr. Schaefer my
question was for Mr. Hensley.
01:03:10.272 --> 01:03:11.407
Okay, sorry.
01:03:11.407 --> 01:03:15.700
Mr. Hensley, what would
prevent a pro se litigant
01:03:15.700 --> 01:03:19.530
from saying you know, If we
didn't have that rule in place,
01:03:19.530 --> 01:03:21.950
that they're required to
follow the same rules as the,
01:03:21.950 --> 01:03:25.120
as an attorney, if they
are involved in litigation.
01:03:25.120 --> 01:03:27.367
What prevent them from
coming back later on and saying,
01:03:27.367 --> 01:03:32.367
"Well, I need to do over
because I believe one thing
01:03:32.380 --> 01:03:34.130
or I thought another thing."
01:03:34.130 --> 01:03:36.380
Mr. Coleman, nothing
would prevent that.
01:03:36.380 --> 01:03:37.930
Alright, thanks, Mr. Hensley.
01:03:38.813 --> 01:03:40.340
I have no further questions, Dr. Cavazos
01:03:40.340 --> 01:03:41.310
Great, thank you.
01:03:41.310 --> 01:03:43.260
Any other questions from board members?
01:03:47.470 --> 01:03:49.520
Any other questions
from board members?
01:03:51.530 --> 01:03:52.823
Alright Ms. Moriaty.
01:03:53.990 --> 01:03:56.228
Well, now's your
opportunity to vote.
01:03:56.228 --> 01:03:58.823
Cameron if we could get the
good cause motion, please.
01:03:59.760 --> 01:04:00.912
I'm sorry.
01:04:00.912 --> 01:04:02.892
I have did or did not in here.
01:04:02.892 --> 01:04:05.614
If y'all will just pick
which one you want
01:04:05.614 --> 01:04:07.693
and I will delete,
01:04:07.693 --> 01:04:10.512
I will delete the one you don't use.
01:04:10.512 --> 01:04:11.345
Okay.
01:04:12.368 --> 01:04:14.220
Ms. Moriaty anything else?
01:04:14.220 --> 01:04:16.030
No we're just
looking for a motion.
01:04:16.030 --> 01:04:17.220
Alright.
01:04:17.220 --> 01:04:19.020
We ready for the motion Mr. Coleman?
01:04:21.760 --> 01:04:25.280
I moved it Sonya Armstrong
did not have good cause
01:04:25.280 --> 01:04:28.600
for failing to appear
at the State Office
01:04:28.600 --> 01:04:32.783
of Administrative Hearings
on January 25th, 2021.
01:04:33.800 --> 01:04:36.865
Alright there's some
motion that she did not have
01:04:36.865 --> 01:04:38.148
good cause.
01:04:38.148 --> 01:04:38.981
Do I have a second?
01:04:40.080 --> 01:04:41.463
Alright.
01:04:41.463 --> 01:04:43.263
Dr. Brooks-Sykes seconds the motion.
01:04:44.680 --> 01:04:46.520
All those in favor of the motion
01:04:46.520 --> 01:04:48.690
raise your right hand and hold it up
01:04:48.690 --> 01:04:50.483
so that the vote may be recorded.
01:04:53.760 --> 01:04:54.700
Alright.
01:04:54.700 --> 01:04:56.126
Thank you.
01:04:56.126 --> 01:04:58.670
All those in opposition do the same.
01:04:58.670 --> 01:05:03.640
We have one in opposition
and the vote has been recorded.
01:05:03.640 --> 01:05:05.000
Thank you.
01:05:05.000 --> 01:05:08.650
Moving on, the motion carries.
01:05:08.650 --> 01:05:10.076
Moving on Ms. Moriaty.
01:05:10.076 --> 01:05:12.868
Well, now that we've
found that she did not have
01:05:12.868 --> 01:05:13.701
good cause for default,
01:05:14.726 --> 01:05:15.559
we're gonna need to vote on the default.
01:05:17.605 --> 01:05:18.605
Okay.
01:05:18.605 --> 01:05:20.420
Cameron, if we can get motion.
01:05:20.420 --> 01:05:23.212
Yes, I'm just,
typing it up right now.
01:05:23.212 --> 01:05:25.400
You'll give me one minute.
01:05:25.400 --> 01:05:27.123
I will share the screen.
01:05:30.820 --> 01:05:35.116
The only staff member
juggling three things at one time.
01:05:35.116 --> 01:05:36.523
It's true.
01:05:37.670 --> 01:05:38.533
A super hero.
01:05:39.500 --> 01:05:41.113
Alright, go ahead Laura.
01:05:43.146 --> 01:05:45.230
So if we, this is the
default motion considering
01:05:45.230 --> 01:05:46.330
after we found a cause.
01:05:46.330 --> 01:05:49.700
So we're now deciding to
issue the default judgment
01:05:49.700 --> 01:05:52.250
and system with staff's recommendations.
01:05:52.250 --> 01:05:53.844
Alright.
01:05:53.844 --> 01:05:55.580
So I have a motion.
01:05:55.580 --> 01:05:57.210
Is it on the screen?
01:05:57.210 --> 01:05:58.625
Yes, it is.
01:05:58.625 --> 01:06:00.004
Okay.
01:06:00.004 --> 01:06:00.860
Alright
01:06:00.860 --> 01:06:03.561
Dr. Garcia.
01:06:03.561 --> 01:06:08.561
Oh, so if I may,
before you vote,
01:06:09.503 --> 01:06:12.310
just to be clear, staff's
recommendation in this case
01:06:12.310 --> 01:06:13.790
is permanent revocation.
01:06:13.790 --> 01:06:15.140
If we need to discuss that,
01:06:16.063 --> 01:06:18.500
I realize now that this is pulled,
01:06:18.500 --> 01:06:19.365
you wanna discuss that recommendation.
01:06:19.365 --> 01:06:20.571
We can, if you're comfortable with it,
01:06:20.571 --> 01:06:23.071
we can just go ahead and vote.
01:06:24.904 --> 01:06:26.710
Discussion or
questions for Ms. Moriaty
01:06:27.840 --> 01:06:29.463
Alright Dr. Bob, continue.
01:06:31.982 --> 01:06:34.723
You're muted, sir.
01:06:39.160 --> 01:06:41.200
I call the order
SOAH default case 1
01:06:41.200 --> 01:06:42.670
is listed on the agenda.
01:06:42.670 --> 01:06:46.280
I move that the board grant
staff's request for the issuance
01:06:46.280 --> 01:06:49.400
of SOAH default judgment
and enter final order consistent
01:06:49.400 --> 01:06:52.890
with staff's recommendation,
a permanent revocation.
01:06:52.890 --> 01:06:54.390
Alright, do I have a second?
01:06:55.830 --> 01:06:57.993
Mr. Coleman is seconding that motion.
01:06:59.000 --> 01:07:00.150
Any further discussion?
01:07:01.950 --> 01:07:03.367
Alright.
01:07:03.367 --> 01:07:05.232
All those in favor raise
your right hand and hold it up
01:07:05.232 --> 01:07:06.563
so that the board may be recorded.
01:07:09.870 --> 01:07:11.211
Alright.
01:07:11.211 --> 01:07:12.210
Thank you.
01:07:12.210 --> 01:07:13.420
All those in opposition do the same.
01:07:13.420 --> 01:07:15.710
We have one opposition.
01:07:15.710 --> 01:07:17.386
And it's been recorded.
01:07:17.386 --> 01:07:18.647
The motion carries.
01:07:18.647 --> 01:07:20.170
Thank you.
01:07:20.170 --> 01:07:21.980
Ms. Moriaty.
01:07:21.980 --> 01:07:24.503
Now we will move
into contested cases.
01:07:25.950 --> 01:07:28.870
So this is the moment
where I take a step back
01:07:28.870 --> 01:07:29.880
and remind everybody of the difference
01:07:31.945 --> 01:07:32.778
between your role and the role of SOAH.
01:07:32.778 --> 01:07:34.400
All of these cases that you'll
see now have gone through
01:07:36.117 --> 01:07:38.003
a SOAH hearing,
01:07:38.003 --> 01:07:40.668
which means that the judge
has listened to the witnesses,
01:07:40.668 --> 01:07:43.025
has reviewed the evidence,
has led in evidence,
01:07:43.025 --> 01:07:44.111
found witnesses to be believable or not
01:07:44.111 --> 01:07:45.643
and has made you findings
of fact and conclusions of law
01:07:45.643 --> 01:07:46.720
and a recommendation on sanction.
01:07:46.720 --> 01:07:49.170
So when you look at these,
01:07:49.170 --> 01:07:52.410
we have very limited powers
and what you can change.
01:07:52.410 --> 01:07:55.045
We essentially cannot
change a finding of fact
01:07:55.045 --> 01:07:56.590
and you can only change
your conclusion of law,
01:07:56.590 --> 01:08:01.163
if we can explain how
the judge got our rules
01:08:01.163 --> 01:08:03.300
or the statute wrong.
01:08:03.300 --> 01:08:04.900
They interpreted it wrong.
01:08:04.900 --> 01:08:08.560
And how that finding is
supported by the findings of fact.
01:08:08.560 --> 01:08:11.550
So we have to be able to explain
01:08:11.550 --> 01:08:14.030
how it's wrong and
what the legal authority is
01:08:14.030 --> 01:08:15.463
that supports our decision.
01:08:16.720 --> 01:08:19.790
You, we have with that
applies to sanction decisions too.
01:08:19.790 --> 01:08:21.530
So if we wanna go for a new sanction,
01:08:21.530 --> 01:08:23.942
other than what the ALJ recommended
01:08:23.942 --> 01:08:25.190
we need to explain how the sanction
01:08:26.303 --> 01:08:27.136
the ALJ recommended did not fit
01:08:28.561 --> 01:08:30.722
with our sanctioning
guidelines and our precedent
01:08:30.722 --> 01:08:32.620
and what the ALJ weighed wrong
01:08:32.620 --> 01:08:34.810
in making that section recommendation.
01:08:34.810 --> 01:08:38.273
So we're gonna have oral
argument from both sides here.
01:08:38.273 --> 01:08:41.300
Neither side can introduce new evidence.
01:08:41.300 --> 01:08:43.160
That was not part of the SOAH hearing.
01:08:43.160 --> 01:08:46.150
So if you, if anyone brings in evidence
01:08:46.150 --> 01:08:49.260
that was not, we've not
heard before please ignore it.
01:08:49.260 --> 01:08:51.563
If a party asks you tells you
01:08:51.563 --> 01:08:53.242
that that was not in the record
01:08:53.242 --> 01:08:54.710
and we have, we
cannot base your decision
01:08:54.710 --> 01:08:56.485
on evidences outside the record.
01:08:56.485 --> 01:08:59.243
Also, please do not ask for evidence
01:08:59.243 --> 01:09:00.740
that is outside of the record.
01:09:00.740 --> 01:09:02.930
A good rule of thumb is
that if it's not discussed
01:09:02.930 --> 01:09:05.300
in the PFD, it's probably
outside the record.
01:09:05.300 --> 01:09:07.070
So tread cautiously there
01:09:07.070 --> 01:09:09.761
because while you may be tempted to ask,
01:09:09.761 --> 01:09:11.810
you know, what's
happened after the hearing
01:09:11.810 --> 01:09:12.690
or something like that,
01:09:12.690 --> 01:09:14.650
all of that information
is outside of the record
01:09:14.650 --> 01:09:17.300
and therefore something
you cannot base your vote on.
01:09:18.930 --> 01:09:21.130
So the, just to be clear,
01:09:21.130 --> 01:09:23.460
the record is gonna be the
exhibits that came in at trial.
01:09:23.460 --> 01:09:25.742
The testimony at trial,
the arguments at trial,
01:09:25.742 --> 01:09:28.440
the findings of the judge and the PFD.
01:09:28.440 --> 01:09:30.740
That's all that we can
base our decision on.
01:09:30.740 --> 01:09:33.090
Y'all can base your decision on today.
01:09:33.090 --> 01:09:35.430
So each side is gonna get 10 minutes
01:09:35.430 --> 01:09:37.510
to do their oral argument.
01:09:37.510 --> 01:09:40.980
They, the state
representative will go first.
01:09:40.980 --> 01:09:43.570
The TEA attorney will go first.
01:09:43.570 --> 01:09:46.200
It'll be the opposite of what
you saw in our last motion.
01:09:46.200 --> 01:09:48.790
So the respondent will go next
01:09:48.790 --> 01:09:50.930
and be able to give
their full 10 minutes.
01:09:50.930 --> 01:09:53.850
And then staff, if they have
time leftover can respond.
01:09:53.850 --> 01:09:55.270
We try to cut it off after that.
01:09:55.270 --> 01:09:57.370
But if the board wishes
to hear further response
01:09:57.370 --> 01:10:02.090
they can ask questions or
requests for their argument.
01:10:02.090 --> 01:10:03.600
So with all of that said,
01:10:03.600 --> 01:10:05.350
if there are no
questions from the board,
01:10:05.350 --> 01:10:07.300
we're gonna start with Gilbert McClure.
01:10:09.160 --> 01:10:12.482
This is, staff is represented
by Margaret McGee.
01:10:12.482 --> 01:10:15.110
Respondent is represented
by Nicholas Enoch
01:10:15.110 --> 01:10:16.620
who I believe is here.
01:10:16.620 --> 01:10:18.086
I haven't seen him yet.
01:10:18.086 --> 01:10:19.222
Oh, okay.
01:10:19.222 --> 01:10:21.890
Is there anyone for
his from his firm here?
01:10:21.890 --> 01:10:23.020
No.
01:10:23.020 --> 01:10:24.024
Alright then.
01:10:24.024 --> 01:10:29.024
Well, the recommendation
is to accept the ALJ's
01:10:29.200 --> 01:10:30.627
recommendation fully.
01:10:30.627 --> 01:10:33.540
The recommendation from
the ALJ is permanent revocation.
01:10:33.540 --> 01:10:35.810
So if Mr. Enoch is not here
01:10:35.810 --> 01:10:39.530
and you don't have any
other questions for Ms. McGee,
01:10:39.530 --> 01:10:41.970
I think we could go
ahead and vote on this.
01:10:44.204 --> 01:10:45.860
Okay.
01:10:45.860 --> 01:10:47.603
Thank you, Ms. Moriaty.
01:10:48.481 --> 01:10:50.880
Cameron, you wanna do another check?
01:10:50.880 --> 01:10:53.170
Make sure they're not here.
01:10:53.170 --> 01:10:54.560
I'm looking at the waiting room
01:10:54.560 --> 01:10:56.750
and I have it live next to me.
01:10:56.750 --> 01:10:58.140
They are not here.
01:10:58.140 --> 01:10:59.643
Okay.
01:10:59.643 --> 01:11:01.767
Thank you Cameron.
01:11:01.767 --> 01:11:03.120
Mr. Coleman.
01:11:03.120 --> 01:11:06.210
Ms. Moriaty maybe just out
of an abundance of caution.
01:11:06.210 --> 01:11:09.640
Could we just recall default number 1
01:11:09.640 --> 01:11:12.000
after we've taken two and three,
01:11:12.000 --> 01:11:13.900
just to give, you know,
01:11:13.900 --> 01:11:17.976
a full opportunity for
Mr, for counsel to log on.
01:11:17.976 --> 01:11:19.220
Absolutely.
01:11:19.220 --> 01:11:21.340
I'm happy to do that.
01:11:21.340 --> 01:11:22.994
Okay.
01:11:22.994 --> 01:11:25.490
So I will move on to Robert Marion
01:11:25.490 --> 01:11:27.502
which is our second PFD for today.
01:11:27.502 --> 01:11:31.153
Ms, still has Margaret
McGee representing staff.
01:11:31.153 --> 01:11:34.010
Our responding attorney.
01:11:34.010 --> 01:11:35.660
This time is Mark Robinett.
01:11:35.660 --> 01:11:37.020
Is Mr. Robinett here?
01:11:37.020 --> 01:11:37.853
Yes.
01:11:38.761 --> 01:11:39.901
I just let him into the room.
01:11:39.901 --> 01:11:41.059
Okay, excellent.
01:11:41.059 --> 01:11:44.063
So Mr. Robinett is
representing Mr. Marion,
01:11:44.063 --> 01:11:47.424
the ALJs recommended, excuse me.
01:11:47.424 --> 01:11:49.860
The ALJs recommendation in this case
01:11:49.860 --> 01:11:51.627
is not inscribed reprimand.
01:11:51.627 --> 01:11:55.720
But staff's recommendation
is a one-year suspension.
01:11:55.720 --> 01:12:00.720
So with that being said,
if Mr. Robinett is present
01:12:01.330 --> 01:12:03.003
in the room now.
01:12:04.425 --> 01:12:05.258
He is.
01:12:05.258 --> 01:12:06.330
Okay, great.
01:12:06.330 --> 01:12:07.640
Alright.
01:12:07.640 --> 01:12:10.493
So Ms. McGee we'll start
with her oral argument.
01:12:14.263 --> 01:12:16.063
Good morning and thank
you for the opportunity
01:12:16.063 --> 01:12:18.170
to present this to you this morning.
01:12:18.170 --> 01:12:21.490
The ALJ found that the
respondent violated your rule,
01:12:21.490 --> 01:12:25.400
when he failed to maintain
appropriate professional educator
01:12:25.400 --> 01:12:27.502
student relationships and boundaries.
01:12:27.502 --> 01:12:30.813
Based on the reasonably
prudent agitator standard.
01:12:30.813 --> 01:12:34.820
From 2016 to 2019,
01:12:34.820 --> 01:12:37.090
the respondent worked
at an elementary school
01:12:37.090 --> 01:12:39.910
with children from
kindergarten through fifth grade.
01:12:39.910 --> 01:12:43.410
And repeatedly touched and
played with the children's hair.
01:12:43.410 --> 01:12:46.674
Even after receiving a
written directive to stop.
01:12:46.674 --> 01:12:49.210
After receiving a
complaint from a parent,
01:12:49.210 --> 01:12:52.040
about the respondent in 2017,
01:12:52.040 --> 01:12:55.050
the respondent's principal
issued him a written directive
01:12:55.050 --> 01:12:57.410
to stop flipping children's hair.
01:12:57.410 --> 01:12:59.230
The principal also
informed the respondent
01:12:59.230 --> 01:13:01.680
that his behavior was unprofessional.
01:13:01.680 --> 01:13:02.870
At that time,
01:13:02.870 --> 01:13:07.040
the respondent agreed to
discontinue his behavior.
01:13:07.040 --> 01:13:09.470
But he didn't stop
playing with children's hair.
01:13:09.470 --> 01:13:13.121
He continued through
the 2018/2019 school year.
01:13:13.121 --> 01:13:16.870
Time after time, the
respondent violated boundaries
01:13:16.870 --> 01:13:19.520
despite receiving a
written directive by his
01:13:19.520 --> 01:13:21.240
principle to stop doing it.
01:13:21.240 --> 01:13:24.090
He just could not stop himself.
01:13:24.090 --> 01:13:27.328
The ALJ may findings of
fact, and conclusions of law.
01:13:27.328 --> 01:13:30.090
She recommended a
non inscribed reprimand.
01:13:30.090 --> 01:13:33.640
A type of reprimand that
does not appear to the public.
01:13:33.640 --> 01:13:34.880
Staff is asking the board
01:13:34.880 --> 01:13:37.420
to consider a sanction that will appear
01:13:37.420 --> 01:13:39.745
on his certificate and properly reflects
01:13:39.745 --> 01:13:44.070
the nature of the respondent's
inappropriate behavior.
01:13:44.070 --> 01:13:47.800
A sanction on his certificate
would serve as a deterrent
01:13:47.800 --> 01:13:50.050
for the respondent and other educators
01:13:50.050 --> 01:13:53.230
that may cross educator
student boundaries.
01:13:53.230 --> 01:13:55.040
It also allows the other schools
01:13:55.040 --> 01:13:57.220
and districts to have notice
01:13:57.220 --> 01:13:59.770
of the respondents prior misconduct.
01:13:59.770 --> 01:14:01.820
Staff asks that the
board consider sanctions
01:14:01.820 --> 01:14:03.923
of at least a year suspension.
01:14:04.890 --> 01:14:07.330
One of your operating policies,
01:14:07.330 --> 01:14:10.600
is to act in the best
interest of school children,
01:14:10.600 --> 01:14:11.660
their parents,
01:14:11.660 --> 01:14:14.600
professional educators and the public.
01:14:14.600 --> 01:14:17.790
A non inscribed reprimand
by its very definition,
01:14:17.790 --> 01:14:19.180
is not written.
01:14:19.180 --> 01:14:21.407
Therefore an inscribed reprimand
01:14:21.407 --> 01:14:23.729
does nothing to alert
parents, the public
01:14:23.729 --> 01:14:26.486
or administrative personnel
of an educator's violations
01:14:26.486 --> 01:14:29.153
of the educators code of ethics.
01:14:30.004 --> 01:14:31.763
Issuing a non inscribed reprimand
01:14:31.763 --> 01:14:34.740
does not allow other schools
or districts to weigh the risks
01:14:34.740 --> 01:14:38.880
of hiring a person who has
previously violated your rules.
01:14:38.880 --> 01:14:40.750
When making hiring decisions,
01:14:40.750 --> 01:14:44.290
school should have all of
the information necessary
01:14:44.290 --> 01:14:46.373
to make those well-informed decisions.
01:14:47.228 --> 01:14:50.360
Schools should not have
to blindly take a hiring risk
01:14:50.360 --> 01:14:53.770
on an educator who is
already proven unable
01:14:53.770 --> 01:14:55.900
to follow rules over and over.
01:14:55.900 --> 01:14:57.960
Just because the
schools were not informed
01:14:57.960 --> 01:15:01.110
of the educator's prior SBEC violations
01:15:01.110 --> 01:15:05.260
Schools need to have that
notice of an educator's private,
01:15:05.260 --> 01:15:07.270
excuse me, previous misconduct,
01:15:07.270 --> 01:15:10.960
so that they can decide if
they are willing to take a risk
01:15:10.960 --> 01:15:13.030
that the educators misconduct,
01:15:13.030 --> 01:15:14.740
does not continue or progress
01:15:15.742 --> 01:15:16.930
to more serious transgressions.
01:15:16.930 --> 01:15:19.980
In determining a proper
sanction for this violation,
01:15:19.980 --> 01:15:22.840
you have decision
making rules to consider.
01:15:22.840 --> 01:15:25.340
For example, the respondent in this case
01:15:25.340 --> 01:15:27.470
acted with intention and premeditation
01:15:27.470 --> 01:15:30.040
when he continued
playing with students' hair.
01:15:30.040 --> 01:15:31.960
He was told and even acknowledged
01:15:31.960 --> 01:15:33.950
that he was directed not to do so.
01:15:33.950 --> 01:15:37.963
And yet continued even
after agreeing to the directive.
01:15:38.810 --> 01:15:40.480
The respondent received
the initial directing
01:15:40.480 --> 01:15:42.290
because he violated school policy
01:15:42.290 --> 01:15:45.280
and engaged in misconduct
of playing with children's hair.
01:15:45.280 --> 01:15:48.030
When he chose to continue
violating school policy.
01:15:48.030 --> 01:15:49.550
After the previous warning,
01:15:49.550 --> 01:15:50.920
the respondent showed that,
01:15:50.920 --> 01:15:53.080
although he had many opportunities
01:15:53.080 --> 01:15:56.450
to correct this misconduct,
he chose not to.
01:15:56.450 --> 01:15:57.690
His conscious decision,
01:15:57.690 --> 01:16:00.440
was to continue engaging in behavior
01:16:00.440 --> 01:16:04.086
that violates your rules
by having inappropriate
01:16:04.086 --> 01:16:06.990
professional educator student
relationships and boundaries.
01:16:06.990 --> 01:16:09.410
His behavior posed a potential danger
01:16:09.410 --> 01:16:11.080
to the health and welfare of students.
01:16:11.080 --> 01:16:14.090
From the time he was doing it in 2017
01:16:14.090 --> 01:16:16.890
and remained a potential
danger when he persisted
01:16:16.890 --> 01:16:21.890
and engaging in the same
behavior in 2018, in 2019.
01:16:22.240 --> 01:16:26.212
If allowed, he could continue
posing a potential danger
01:16:26.212 --> 01:16:27.620
to children,
01:16:27.620 --> 01:16:28.780
touching and playing
with children's hair
01:16:29.628 --> 01:16:30.887
is not appropriate.
01:16:30.887 --> 01:16:32.861
And it can be a type
of date way misbehavior
01:16:32.861 --> 01:16:35.370
that leads to other types
of dangerous misconduct.
01:16:35.370 --> 01:16:37.530
Obviously the respondent has not shown
01:16:37.530 --> 01:16:39.420
that he has been rehabilitated,
01:16:39.420 --> 01:16:42.520
since he was given a directive
about his unprofessional
01:16:42.520 --> 01:16:45.780
and inappropriate behavior
once, agreed to stop.
01:16:45.780 --> 01:16:47.600
And then violated the directive
01:16:48.939 --> 01:16:50.930
by continuing to engage
in the same conduct.
01:16:50.930 --> 01:16:54.340
He has shown that he
cannot stop this on his own.
01:16:54.340 --> 01:16:57.380
He needs sufficient time
to reflect on his behavior,
01:16:57.380 --> 01:16:59.420
by staying away from school children.
01:16:59.420 --> 01:17:01.021
During reflection,
01:17:01.021 --> 01:17:03.116
the respondent would
have a chance to really
01:17:03.116 --> 01:17:05.840
consider whether he wants
to finally choose to engage
01:17:05.840 --> 01:17:09.150
in appropriate educators,
student boundaries.
01:17:09.150 --> 01:17:12.445
That's far as the respondent
can not be deterred
01:17:12.445 --> 01:17:14.102
from this behaving around children.
01:17:14.102 --> 01:17:15.070
He wasn't deterred
by it written directive
01:17:15.070 --> 01:17:16.510
from a supervisor.
01:17:16.510 --> 01:17:18.480
and a non inscribed reprimand
01:17:18.480 --> 01:17:20.828
has no deterrence
effect on the respondent
01:17:20.828 --> 01:17:24.820
or any educator because it
will never be seen by schools,
01:17:24.820 --> 01:17:26.313
educators or the public.
01:17:27.360 --> 01:17:30.191
We have already seen
what the respondent will do
01:17:30.191 --> 01:17:32.600
after receiving an
inscribed written directive
01:17:32.600 --> 01:17:34.150
from his supervisor.
01:17:34.150 --> 01:17:35.680
There was no reason to believe,
01:17:35.680 --> 01:17:37.740
that a non inscribed reprimand sanction
01:17:37.740 --> 01:17:40.810
would be any deterrence
to the respondent.
01:17:40.810 --> 01:17:43.250
It's time to break the cycle.
01:17:43.250 --> 01:17:46.030
And show the respondent
that his inappropriate conduct
01:17:46.030 --> 01:17:49.680
has real consequences
in the form of a sanction of
01:17:49.680 --> 01:17:51.343
at least a one-year suspension.
01:17:55.120 --> 01:17:57.440
It's Mr. Robinett turn to speak.
01:17:57.440 --> 01:18:00.233
McGee have four minutes
and 30 seconds remaining.
01:18:04.030 --> 01:18:05.513
Let me unmute.
01:18:05.513 --> 01:18:06.506
Okay.
01:18:06.506 --> 01:18:07.943
Everything that you
just heard is ridiculous.
01:18:08.823 --> 01:18:12.220
The Administrative Law Judge,
01:18:12.220 --> 01:18:14.511
who heard the facts found that,
01:18:14.511 --> 01:18:17.600
what was being alleged
against Mr. Marion,
01:18:17.600 --> 01:18:22.600
was so minimal that it
deserved nothing worse
01:18:24.260 --> 01:18:26.767
than an scribed reprimand.
01:18:26.767 --> 01:18:29.408
And I don't even think
that we deserve that
01:18:29.408 --> 01:18:33.147
because all that you keep
hearing from Ms. McGee is,
01:18:33.147 --> 01:18:34.930
"Oh, he touched the student's hair
01:18:34.930 --> 01:18:36.767
after being told to stop.
01:18:36.767 --> 01:18:38.015
Yes.
01:18:38.015 --> 01:18:39.867
He admitted that that's what happened.
01:18:39.867 --> 01:18:42.460
That he used to
playfully flip the girl's hair.
01:18:42.460 --> 01:18:45.087
And he was told don't do
that a couple of years later.
01:18:45.087 --> 01:18:48.834
Again did it, but in
a different context.
01:18:48.834 --> 01:18:52.010
And he said, "I wasn't
playing with her hair.
01:18:52.010 --> 01:18:54.910
I was getting their attention
when I touched their hair.
01:18:54.910 --> 01:18:57.090
And the agency,
01:18:57.090 --> 01:18:59.890
because they couldn't
prove the primary allegation
01:18:59.890 --> 01:19:02.590
that they made against Mr. Marion,
01:19:02.590 --> 01:19:05.177
decided to focus on how terrible
01:19:05.177 --> 01:19:07.050
this touching of the hair was.
01:19:07.050 --> 01:19:11.630
There's no evidence that he
had any untoward motivation,
01:19:11.630 --> 01:19:14.146
that it was setting him up for anything,
01:19:14.146 --> 01:19:16.420
worst to do a students in the future.
01:19:16.420 --> 01:19:19.610
They also said, "Oh, he
called students nicknames."
01:19:19.610 --> 01:19:21.000
Well, on the hearing,
01:19:21.000 --> 01:19:24.840
the Administrative Law
Judge noted that yes,
01:19:24.840 --> 01:19:28.760
but he had 1,000 students
to watch over in PE class.
01:19:28.760 --> 01:19:29.960
And so sometimes yes,
01:19:29.960 --> 01:19:32.330
he would give students nick names
01:19:32.330 --> 01:19:34.260
to help him remember
who those students were.
01:19:34.260 --> 01:19:38.370
Now, the Administrative Law Judge,
01:19:38.370 --> 01:19:43.163
did acknowledge that thing
happened about touching the hair.
01:19:46.858 --> 01:19:50.885
But then her conclusion was
01:19:50.885 --> 01:19:55.373
that there was insufficient evidence.
01:19:56.330 --> 01:19:58.680
And the staff did not
meet its burden of proof
01:19:58.680 --> 01:20:01.706
to show that Mr. Marion committed an act
01:20:01.706 --> 01:20:03.327
that would constitute an offense
01:20:03.327 --> 01:20:05.346
that is considered to
relate directly to the duties
01:20:05.346 --> 01:20:07.740
and responsibilities of
the education profession.
01:20:07.740 --> 01:20:09.670
Or fail to comply with
state or federal law
01:20:09.670 --> 01:20:12.490
or written local school
board policies that he
01:20:12.490 --> 01:20:13.760
lacked good moral character,
01:20:13.760 --> 01:20:17.760
or was unworthy to
instruct or supervise youth.
01:20:17.760 --> 01:20:20.026
Or that he intentionally knowingly
01:20:20.026 --> 01:20:22.232
or recklessly treated a student or minor
01:20:22.232 --> 01:20:23.991
in a manner that adversely affected
01:20:23.991 --> 01:20:26.049
or endangered the
learning physical health,
01:20:26.049 --> 01:20:27.303
mental health or safety of the student.
01:20:28.414 --> 01:20:30.928
Now that's what the
hearing examiner found
01:20:30.928 --> 01:20:33.979
after also stating that
allegation after allegation,
01:20:33.979 --> 01:20:37.993
except for the touching the hair thing
01:20:37.993 --> 01:20:42.162
that the staff had not proven its case.
01:20:42.162 --> 01:20:45.506
Now, in fact, I was surprised
we're in here today because,
01:20:45.506 --> 01:20:48.470
the staff did not file any proposed,
01:20:48.470 --> 01:20:51.100
any exceptions to the proposal.
01:20:51.100 --> 01:20:52.123
Your rules.
01:20:53.092 --> 01:20:56.180
That I was talking about
complying with your own rules,
01:20:56.180 --> 01:20:57.530
the rules of the agency.
01:20:57.530 --> 01:21:00.893
This is rule 290, 249.37.
01:21:02.890 --> 01:21:05.183
A, no, it's actually B.
01:21:06.520 --> 01:21:10.430
Any disagreement with a
factual finding or conclusion of law
01:21:10.430 --> 01:21:12.160
in the proposal for decision,
01:21:12.160 --> 01:21:14.570
not contained in an
exception to the proposal
01:21:14.570 --> 01:21:15.990
shall be waived.
01:21:15.990 --> 01:21:18.390
So all of the arguments
you've heard by Ms. McGee
01:21:18.390 --> 01:21:19.400
have been waived.
01:21:19.400 --> 01:21:21.670
Now, if this were a
case where Mr. Marion
01:21:21.670 --> 01:21:23.150
had done something terrible
01:21:23.991 --> 01:21:25.843
or had been found to do
something terrible to a student,
01:21:28.861 --> 01:21:29.694
I don't know whether you'd say we,
01:21:31.068 --> 01:21:32.949
won't pay any attention to that or not.
01:21:32.949 --> 01:21:33.803
But your rule will say that
those arguments are waived.
01:21:36.501 --> 01:21:38.760
And it's the board's duty to go ahead
01:21:38.760 --> 01:21:42.608
and affirm the decision
or the recommendation
01:21:42.608 --> 01:21:47.608
of the Administrative Law Judge.
01:21:47.680 --> 01:21:50.580
And we would argue that
there should be no penalty
01:21:50.580 --> 01:21:53.070
because he has already
been penalized enough.
01:21:53.070 --> 01:21:55.710
Ms. McGee is saying
there's no deterrent.
01:21:55.710 --> 01:21:56.950
He's already been
suspended for two years
01:21:56.950 --> 01:21:58.053
as a practical matter.
01:21:59.510 --> 01:22:00.820
Well, this matter was pending.
01:22:00.820 --> 01:22:02.810
And that notice was on his certificate
01:22:02.810 --> 01:22:04.797
that he was under investigation,
01:22:04.797 --> 01:22:06.360
he like every teacher in
the state who gets that notice
01:22:06.360 --> 01:22:07.800
put it on their certificate,
01:22:07.800 --> 01:22:10.720
is virtually unemployable.
01:22:10.720 --> 01:22:13.440
And he has been
unemployed now for two years.
01:22:13.440 --> 01:22:17.000
So he's played a stiff
consequence for these minor actions
01:22:17.000 --> 01:22:20.340
and the board should not make them pay
01:22:20.340 --> 01:22:24.093
by way of a third year
of actual suspension.
01:22:25.230 --> 01:22:26.063
Okay.
01:22:26.063 --> 01:22:26.896
That's all I have.
01:22:28.017 --> 01:22:29.310
Thanks.
01:22:29.310 --> 01:22:31.940
Ms. McGee it's your
opportunity to rebut.
01:22:31.940 --> 01:22:33.480
Thank you.
01:22:33.480 --> 01:22:36.396
I just have a couple of items.
01:22:36.396 --> 01:22:39.339
To call this ridiculous is horrible.
01:22:39.339 --> 01:22:43.823
Is it ridiculous to care
about the students
01:22:43.823 --> 01:22:46.328
in Texas and the people,
01:22:46.328 --> 01:22:48.624
the adults that are put in charge
01:22:48.624 --> 01:22:51.304
of watching children every day?
01:22:51.304 --> 01:22:53.713
I don't think that's ridiculous.
01:22:56.700 --> 01:22:59.240
As for the items that were alleged,
01:22:59.240 --> 01:23:01.550
and the items that were proven.
01:23:01.550 --> 01:23:05.980
The ALJ is the sole
source of the determination
01:23:05.980 --> 01:23:08.900
of what findings of facts they can make
01:23:08.900 --> 01:23:11.700
and what conclusions of law they have.
01:23:11.700 --> 01:23:15.780
Those are, as you know, in
certain certain circumstances,
01:23:15.780 --> 01:23:18.240
we can change the typo for example
01:23:18.240 --> 01:23:21.400
or if a law is misapplied.
01:23:21.400 --> 01:23:23.430
But when it comes to sanctions,
01:23:23.430 --> 01:23:27.677
you are the sole deciders
of what a sanction is,
01:23:27.677 --> 01:23:29.692
not the ALJ.
01:23:29.692 --> 01:23:33.460
They can give a recommendation
as she did in this case,
01:23:33.460 --> 01:23:37.600
but it is absolutely staff's job
01:23:37.600 --> 01:23:40.340
to bring you all of the information,
01:23:40.340 --> 01:23:43.290
that you would need to
make a decision on a sanction
01:23:43.290 --> 01:23:46.280
because that is your sole role.
01:23:46.280 --> 01:23:47.913
In this context.
01:23:49.500 --> 01:23:54.500
I also wanna address this
alleged two year suspension.
01:23:54.880 --> 01:23:58.450
That is something that
happens procedurally,
01:23:58.450 --> 01:24:00.730
that is not an actual suspension.
01:24:00.730 --> 01:24:03.220
Once again, that shows up anywhere.
01:24:03.220 --> 01:24:06.560
So the idea that a two year suspension,
01:24:06.560 --> 01:24:11.410
meaning he didn't have
a job doing teaching,
01:24:11.410 --> 01:24:15.070
is not exactly true.
01:24:15.070 --> 01:24:18.860
And I am looking to see,
01:24:18.860 --> 01:24:21.463
I disagree with Mr. Robinett
01:24:21.463 --> 01:24:23.853
that he was unemployed during this time.
01:24:25.150 --> 01:24:30.150
I believe that he did have
a job just not in teaching.
01:24:30.210 --> 01:24:35.210
And so again, as I wanted
to just kind of state as well.
01:24:36.563 --> 01:24:41.563
The very idea that the
only way that an educator
01:24:41.810 --> 01:24:45.520
can get students' attention
is by flipping their hair,
01:24:45.520 --> 01:24:49.410
which we already know the
respondent knew was inappropriate
01:24:49.410 --> 01:24:50.623
and unprofessional.
01:24:51.610 --> 01:24:56.400
I would submit that there are other ways
01:24:56.400 --> 01:24:58.820
that educators can
get students' attention
01:24:58.820 --> 01:25:01.480
and trying to write
this off as he needed
01:25:01.480 --> 01:25:02.803
to get their attention,
01:25:04.277 --> 01:25:05.423
that I believe is ridiculous.
01:25:06.363 --> 01:25:08.715
And we do ask that
you increase the sanction
01:25:08.715 --> 01:25:09.753
to at least a year suspension.
01:25:12.620 --> 01:25:13.730
If I may, Dr. Cavazos,
01:25:13.730 --> 01:25:17.130
I just wanted to address
one aspect of this.
01:25:17.130 --> 01:25:18.220
Mr. Robinett brought up.
01:25:18.220 --> 01:25:20.740
the question of when we do
exceptions and when we don't.
01:25:20.740 --> 01:25:23.260
You'll see if you look
at the PFD on page 30
01:25:23.260 --> 01:25:26.170
that the recommendation
is set out separately.
01:25:26.170 --> 01:25:27.340
It is not a conclusion of law.
01:25:27.340 --> 01:25:29.300
And indeed conclusions of law
01:25:29.300 --> 01:25:31.731
do not include sanction recommendations.
01:25:31.731 --> 01:25:35.309
As Ms. McGee said, those are
a separate aspect of ALJs job.
01:25:35.309 --> 01:25:37.907
Which have less, have
more discretion for the board
01:25:37.907 --> 01:25:41.260
and has less deference to
what the ALJ recommends.
01:25:41.260 --> 01:25:44.827
So, we did not have to do exceptions
01:25:44.827 --> 01:25:47.286
because this was not a conclusion of law
01:25:47.286 --> 01:25:48.119
that we're asking you to change.
01:25:49.094 --> 01:25:50.554
It's just the sanctuary recommendation.
01:25:50.554 --> 01:25:51.990
If anyone has any questions about that
01:25:51.990 --> 01:25:53.406
you're welcome to talk with.
01:25:53.406 --> 01:25:54.550
I mean, if you want to
go into executive session
01:25:55.674 --> 01:25:56.630
to discuss it I certainly want
everyone to be comfortable
01:25:57.911 --> 01:25:59.119
with the legality of
what you're doing today.
01:25:59.119 --> 01:26:00.880
So Ms. Wolf is always
here if you need him.
01:26:00.880 --> 01:26:03.728
But that being said it
is in your hands now.
01:26:03.728 --> 01:26:04.561
Right.
01:26:04.561 --> 01:26:06.651
Do I have any questions
from board members,
01:26:06.651 --> 01:26:08.513
Mr. Coleman?
01:26:10.710 --> 01:26:12.170
Thanks Ms. Moriaty
01:26:12.170 --> 01:26:16.113
for explaining the
situation with the PFD
01:26:16.113 --> 01:26:18.810
because I did have some
concerns about the lack of a PFD.
01:26:18.810 --> 01:26:22.716
So just so I'm clear a
PFD as you put it as,
01:26:22.716 --> 01:26:25.770
is just so I'm understanding.
01:26:25.770 --> 01:26:28.330
a PFD is only necessary if we, if you,
01:26:28.330 --> 01:26:31.940
if the agency has an issue
with the conclusion of law,
01:26:31.940 --> 01:26:32.820
correct?
01:26:32.820 --> 01:26:35.156
I think you've been
exceptions, right?
01:26:35.156 --> 01:26:36.610
We need to file exceptions
If we have a problem
01:26:36.610 --> 01:26:39.350
with the conclusions of
law or the findings of fact.
01:26:39.350 --> 01:26:41.532
If it's just the sanction
recommendation.
01:26:41.532 --> 01:26:43.110
In this case the sanction,
01:26:43.110 --> 01:26:45.260
sometimes judges couch
that as a conclusion of law
01:26:45.260 --> 01:26:46.880
and you'll see us make exceptions there,
01:26:46.880 --> 01:26:48.580
but she hasn't even couched it as one.
01:26:48.580 --> 01:26:50.750
It's totally separate legally.
01:26:50.750 --> 01:26:53.470
It's also totally separate,
conclusions of law
01:26:53.470 --> 01:26:55.830
and the sanction recommendation
are two different creatures
01:26:55.830 --> 01:26:57.520
under the Administrative Procedure Act.
01:26:57.520 --> 01:26:59.410
But again, if anyone is
uncomfortable with this,
01:26:59.410 --> 01:27:01.937
please feel free to go into
executive sessions with Ms.
01:27:01.937 --> 01:27:03.759
(indistinct) and talk about it.
01:27:03.759 --> 01:27:04.970
One of the things
along that line,
01:27:04.970 --> 01:27:08.260
Ms. Moriaty is, so there's
nothing that would have,
01:27:08.260 --> 01:27:12.240
but there's nothing that
would have prevented the filing
01:27:12.240 --> 01:27:13.740
of an exception though.
01:27:13.740 --> 01:27:16.200
You still could have
done that if you wanted to.
01:27:16.200 --> 01:27:17.093
Right?
01:27:17.093 --> 01:27:17.960
Well, yes, we
could have done that.
01:27:17.960 --> 01:27:18.793
Okay.
01:27:18.793 --> 01:27:23.793
Exceptions on the judge's
determination of penalty
01:27:23.930 --> 01:27:26.219
are usually especially feudal.
01:27:26.219 --> 01:27:28.620
So we tend to not do
them for that reason.
01:27:28.620 --> 01:27:29.920
But the board's preference
01:27:29.920 --> 01:27:31.970
is that we file exceptions always,
01:27:31.970 --> 01:27:34.979
regardless of whether it's
a finding of fact conclusion
01:27:34.979 --> 01:27:38.070
of law or recommendation,
we can start doing that.
01:27:38.070 --> 01:27:39.583
I just was curious,
I, I'm not trying to,
01:27:39.583 --> 01:27:44.583
looking to create
additional work for staff,
01:27:44.740 --> 01:27:47.150
Dr. Cavazos I do have
something for Ms. McGee,
01:27:47.150 --> 01:27:48.340
if that's okay.
01:27:48.340 --> 01:27:49.520
Okay.
01:27:49.520 --> 01:27:54.520
Ms. McGee, I am troubled
like you with this behavior
01:27:56.160 --> 01:28:01.160
and I'm not, I'm not persuaded
by Mr. Robinett's attempts
01:28:02.300 --> 01:28:07.090
to characterize these hair
flipping as being diminimous acts
01:28:07.090 --> 01:28:09.158
on the part of the respondent.
01:28:09.158 --> 01:28:13.760
But I see that separate and
apart from the insubordination.
01:28:13.760 --> 01:28:15.654
You know, the fact that he was told
01:28:15.654 --> 01:28:19.830
or the respondent was
told to stop this action
01:28:19.830 --> 01:28:23.130
and the respondent persisted,
01:28:23.130 --> 01:28:28.087
in going forward with this behavior.
01:28:29.703 --> 01:28:33.300
So that's, it's not
necessarily a question.
01:28:33.300 --> 01:28:36.580
I just that's, I'm sorry.
01:28:36.580 --> 01:28:37.740
It's not a question in here.
01:28:37.740 --> 01:28:39.100
I just, that's my concern.
01:28:39.100 --> 01:28:41.639
Is that there are two
separate things here.
01:28:41.639 --> 01:28:44.698
One, their, what I considered
to be inappropriate touching,
01:28:44.698 --> 01:28:47.197
and it's not a minimal act.
01:28:47.197 --> 01:28:51.118
And then there's also
the insubordination
01:28:51.118 --> 01:28:53.070
that goes along along with that.
01:28:53.070 --> 01:28:55.540
And I had another point and I just,
01:28:55.540 --> 01:28:57.205
it just left my mind.
01:28:57.205 --> 01:28:59.450
But that's all I have not Dr. Cavazos.
01:28:59.450 --> 01:29:00.283
Okay.
01:29:00.283 --> 01:29:01.116
Dr. Kelly.
01:29:02.275 --> 01:29:03.460
Yes, sir.
01:29:03.460 --> 01:29:08.460
One of the more compelling
points that Ms. McGee made
01:29:09.270 --> 01:29:12.916
is that not inscribed reprimand
01:29:12.916 --> 01:29:17.916
is not recorded and available
to a potential new employer.
01:29:20.130 --> 01:29:25.130
And my, I guess my question
or my point to everyone is,
01:29:26.514 --> 01:29:30.679
rather than a non inscribed reprimand
01:29:30.679 --> 01:29:35.450
would a possibility be
an inscribed reprimand,
01:29:35.450 --> 01:29:39.230
so that a potential employer
would be able to know
01:29:39.230 --> 01:29:43.470
of it and question it and
decide whether or not
01:29:43.470 --> 01:29:48.470
his actions merited
continued employment.
01:29:48.696 --> 01:29:51.690
So I guess I'm kind of saying,
01:29:51.690 --> 01:29:53.970
is there a value to an
inscribed reprimand
01:29:54.890 --> 01:29:59.630
as a middle course between
a one-year suspension
01:29:59.630 --> 01:30:01.833
and a non inscribed reprimand?
01:30:04.300 --> 01:30:05.393
Ms. Moriaty.
01:30:07.230 --> 01:30:08.063
Absolutely.
01:30:08.063 --> 01:30:10.840
I mean, the, the only aspect of I,
01:30:10.840 --> 01:30:11.930
Ms. McGee made the point
01:30:11.930 --> 01:30:14.527
that this person has already
received a written reprimand
01:30:14.527 --> 01:30:16.750
and she felt that therefore
might not be effective,
01:30:16.750 --> 01:30:18.260
but the board has
complete discretion here.
01:30:18.260 --> 01:30:20.720
If you feel an inscribed
recommends the appropriate
01:30:20.720 --> 01:30:21.553
way to go.
01:30:21.553 --> 01:30:23.699
Do we just need to
add that to the motion
01:30:23.699 --> 01:30:25.103
and make it.
01:30:27.237 --> 01:30:28.241
Okay.
01:30:28.241 --> 01:30:29.324
Ms. Streepey.
01:30:31.450 --> 01:30:33.780
I was gonna concur
with Mr. Coleman
01:30:33.780 --> 01:30:36.522
and the conclusion of law, number six.
01:30:36.522 --> 01:30:39.460
That the touching and flipping of hair
01:30:39.460 --> 01:30:44.460
did violate standard
3.8 of the code of ethics.
01:30:44.680 --> 01:30:46.600
And that he had already had a reprimand
01:30:46.600 --> 01:30:49.669
and the behavior did not change.
01:30:49.669 --> 01:30:51.890
Mr. Coleman.
01:30:51.890 --> 01:30:54.179
Thank you Ms. Streepey.
01:30:54.179 --> 01:30:55.012
Dr. Cavazos,
01:30:55.012 --> 01:30:57.832
I just remembered my
second point I'll be brief.
01:30:57.832 --> 01:30:59.780
Ms. Moriaty maybe you can speak to this,
01:30:59.780 --> 01:31:01.846
but counsel made in argument that
01:31:01.846 --> 01:31:04.280
there's been some practical effect
01:31:04.280 --> 01:31:07.667
of these allegations
resulting in what is turning out
01:31:07.667 --> 01:31:10.438
to like already a two year suspension,
01:31:10.438 --> 01:31:12.539
In my mind I think that's inappropriate
01:31:12.539 --> 01:31:14.990
for us to consider at this junction.
01:31:14.990 --> 01:31:17.120
I don't know how to articulate that.
01:31:17.120 --> 01:31:19.776
I mean, maybe you can
articulate it better than me
01:31:19.776 --> 01:31:22.578
but am I correct in saying
that that's not something
01:31:22.578 --> 01:31:26.113
that the board should be
considering at this juncture?
01:31:28.130 --> 01:31:32.299
Well, I don't think it's
completely outside the record.
01:31:32.299 --> 01:31:34.240
Because the fact that he,
01:31:34.240 --> 01:31:36.630
so what counsel is
referring to is the fact
01:31:36.630 --> 01:31:38.450
that when you are under investigation
01:31:38.450 --> 01:31:40.862
and while you're going
through the (indistinct) process,
01:31:40.862 --> 01:31:42.690
you get a mark on your,
01:31:42.690 --> 01:31:45.698
the face of your virtual
educator's certificate
01:31:45.698 --> 01:31:47.300
that says you're under investigation.
01:31:47.300 --> 01:31:52.300
Counsel's argument that
that creates a red letter
01:31:52.500 --> 01:31:54.910
that keeps you from from getting fired,
01:31:54.910 --> 01:31:57.360
it well, I mean, gets
you from being hired is,
01:31:57.360 --> 01:31:59.240
I mean, it's frankly just false, right?
01:31:59.240 --> 01:32:01.700
Those school districts
always have the opportunity
01:32:01.700 --> 01:32:02.657
to hire you.
01:32:03.788 --> 01:32:06.680
I am pretty sure he probably made
01:32:06.680 --> 01:32:09.270
that argument at at the hearing level.
01:32:09.270 --> 01:32:10.920
Is that correct Mr. Robinette?
01:32:10.920 --> 01:32:12.598
No It's not.
01:32:12.598 --> 01:32:15.779
And it is because it
wasn't, well, actually
01:32:15.779 --> 01:32:19.040
I don't remember word for
word what argument I made
01:32:19.040 --> 01:32:21.890
but it's just a truth of the matter.
01:32:21.890 --> 01:32:25.220
No district in the state
is going to hire a teacher
01:32:25.220 --> 01:32:28.160
who has this investigation
note on a certificate.
01:32:28.160 --> 01:32:31.960
Now it might be an occasional
exception if there's a coach
01:32:31.960 --> 01:32:34.600
or someone who has
connections in a school district
01:32:34.600 --> 01:32:36.530
but the vast majority of teaching,
01:32:36.530 --> 01:32:38.612
I wouldn't suggest the board ask
01:32:38.612 --> 01:32:43.612
for an investigation on
this or some research on it
01:32:45.239 --> 01:32:47.620
and find out how many
teachers do get hired
01:32:47.620 --> 01:32:51.230
while that notice of
investigation is on their certificate.
01:32:51.230 --> 01:32:52.790
And I have represented
hundreds of teachers
01:32:52.790 --> 01:32:55.430
over the years and it
just doesn't happen.
01:32:55.430 --> 01:32:59.413
And if it does happen, the
exception is proof of the rule.
01:32:59.413 --> 01:33:02.020
So now that it's
there, Mr. Robinett
01:33:02.020 --> 01:33:04.320
didn't raise it at the
hearing you're right.
01:33:04.320 --> 01:33:05.899
Mr. Coleman, I think it, the argument
01:33:05.899 --> 01:33:07.501
is probably outside the record.
01:33:07.501 --> 01:33:08.480
And the board should
be aware of the fact
01:33:09.783 --> 01:33:11.622
that there are marks
our investigation warnings
01:33:11.622 --> 01:33:12.455
that go on educators certificates.
01:33:12.455 --> 01:33:14.241
But the argument that that is prevented
01:33:14.241 --> 01:33:16.010
this particular educator
from getting a job
01:33:16.010 --> 01:33:17.890
is not part of the record.
01:33:17.890 --> 01:33:19.900
No, actually I don't
remember if it's part of the record
01:33:19.900 --> 01:33:21.620
because I don't have a
photographic memory.
01:33:21.620 --> 01:33:23.220
I don't remember if that was something
01:33:23.220 --> 01:33:25.177
that was said it may have been
01:33:25.177 --> 01:33:26.600
it might not have been.
01:33:26.600 --> 01:33:27.433
That was a number of months ago
01:33:29.221 --> 01:33:30.054
but as a practical
matter, it's the truth.
01:33:33.800 --> 01:33:34.633
Okay.
01:33:35.539 --> 01:33:37.377
Any other questions from board members?
01:33:37.377 --> 01:33:39.677
Oh, and if I could
add one other thing,
01:33:39.677 --> 01:33:42.197
the reason it's true Is there a times--
01:33:42.197 --> 01:33:43.817
Hold on Mr. Robinette.
01:33:43.817 --> 01:33:46.238
Board members turn
Okay, sorry.
01:33:46.238 --> 01:33:47.544
Go ahead.
01:33:47.544 --> 01:33:48.537
Ms. Dvorak.
01:33:48.537 --> 01:33:49.541
Thank you.
01:33:49.541 --> 01:33:50.539
This case was particularly
concerning for me
01:33:50.539 --> 01:33:52.610
especially looking at
the different findings
01:33:52.610 --> 01:33:55.140
of facts that he was
told to stop something
01:33:55.140 --> 01:33:57.410
and he didn't is so disrespectful.
01:33:57.410 --> 01:34:01.944
Especially when you're talking
about elementary age students
01:34:01.944 --> 01:34:04.500
you can go through, look
at all the findings of facts.
01:34:04.500 --> 01:34:07.860
I mean, five is especially
concerning to me,
01:34:07.860 --> 01:34:11.090
seven nicknames, nine giving candy.
01:34:11.090 --> 01:34:13.610
This pattern of behavior,
he's being told to stop.
01:34:13.610 --> 01:34:15.360
He's been reprimanded already.
01:34:15.360 --> 01:34:19.540
I would like to see a higher
reprimand from us as the board.
01:34:19.540 --> 01:34:21.960
Our job is to protect the students.
01:34:21.960 --> 01:34:24.030
These things are concerning to me.
01:34:24.030 --> 01:34:27.040
And I would really, really
like to see definitely higher
01:34:27.040 --> 01:34:28.323
than inscribed reprimand.
01:34:29.462 --> 01:34:31.357
I would go for higher than
a one-year suspension.
01:34:31.357 --> 01:34:32.580
And I'm just wondering my question,
01:34:32.580 --> 01:34:35.330
I guess could be what was the highest
01:34:35.330 --> 01:34:37.430
that we could go with
years of suspension?
01:34:38.914 --> 01:34:40.310
Ms. Moriaty.
01:34:40.310 --> 01:34:42.459
Well, you have
to be able to base it
01:34:42.459 --> 01:34:43.800
on the findings of fact
and conclusions of law.
01:34:43.800 --> 01:34:47.080
So what you lay, as you pointed out,
01:34:47.080 --> 01:34:48.770
the findings of fact you have here are
01:34:48.770 --> 01:34:52.078
that he flipped student's hair.
01:34:52.078 --> 01:34:54.412
He had got a reprimand
from his principal
01:34:54.412 --> 01:34:56.970
a written reprimand
had been a directive not
01:34:56.970 --> 01:34:58.592
to do that anymore.
01:34:58.592 --> 01:35:02.800
He used nicknames for both
male and female students
01:35:02.800 --> 01:35:05.250
because he had trouble
remembering names.
01:35:05.250 --> 01:35:09.490
He gave candy to members
of the safety patrol group
01:35:09.490 --> 01:35:12.700
that he ran to reward
them for helping him.
01:35:12.700 --> 01:35:15.850
He called the safety patrol
members out of class to help him
01:35:15.850 --> 01:35:18.760
because they knew how
to handle the equipment.
01:35:18.760 --> 01:35:21.440
And that's the findings you have.
01:35:21.440 --> 01:35:24.670
So we have to base
whatever decision you make
01:35:24.670 --> 01:35:25.720
just on those findings.
01:35:25.720 --> 01:35:29.353
And we have to be able to explain what
01:35:29.353 --> 01:35:30.940
about those findings
merits as turning it up?
01:35:30.940 --> 01:35:33.317
So is it that they're serious
01:35:33.317 --> 01:35:37.990
that they are showing
a lack of deterrence
01:35:37.990 --> 01:35:40.930
that they are, you
know, premeditated, all
01:35:40.930 --> 01:35:43.890
of these factors that
you look at under 24917C
01:35:43.890 --> 01:35:45.440
that you have in your materials
01:35:45.440 --> 01:35:47.360
are the ones we have to look to.
01:35:47.360 --> 01:35:48.760
My concern is that we need
01:35:48.760 --> 01:35:51.930
to distinguish like you have
other cases on this agenda,
01:35:51.930 --> 01:35:54.000
even that are that have
more severe conduct than this.
01:35:54.000 --> 01:35:56.020
I think we can all agree on that.
01:35:56.020 --> 01:35:59.175
So we do need to make
sure that we are noting
01:35:59.175 --> 01:36:02.980
that this is the findings
we got from the ALJ
01:36:02.980 --> 01:36:05.941
are not a permanent
revocation findings, right?
01:36:05.941 --> 01:36:09.091
We didn't, we can get
solicitation for example.
01:36:09.091 --> 01:36:13.040
And so the board
has a lot of discretion,
01:36:13.040 --> 01:36:14.962
but we need to make sure
01:36:14.962 --> 01:36:16.680
that we're basing our
decisions on the findings
01:36:16.680 --> 01:36:18.520
of fact and the
factors that you all look
01:36:18.520 --> 01:36:20.420
to in making sanctioning
decisions so that we will be
01:36:20.420 --> 01:36:24.213
sure your decision is not
arbitrary and capricious.
01:36:24.213 --> 01:36:25.813
Can I respond?
01:36:26.830 --> 01:36:29.230
No. Ms Moriaty,
thank you for that.
01:36:29.230 --> 01:36:31.620
And I do want to say Ms.Dvorak,
01:36:31.620 --> 01:36:34.978
that I think that staff bringing it from
01:36:34.978 --> 01:36:37.393
from a non inscribed reprimand
01:36:37.393 --> 01:36:40.390
to a one year suspension notes, the fact
01:36:41.670 --> 01:36:44.398
that those findings, that
backpack are a little concerning.
01:36:44.398 --> 01:36:46.720
So any other questions
from board members?
01:36:46.720 --> 01:36:47.630
Well, can I respond
01:36:47.630 --> 01:36:49.550
to what has been
said that at this point?
01:36:49.550 --> 01:36:51.412
No, I don't think
you can respond.
01:36:51.412 --> 01:36:52.245
Is that correct?
01:36:52.245 --> 01:36:53.704
I'm sorry
01:36:53.704 --> 01:36:55.484
(indistinct) Fresh
out of the board.
01:36:55.484 --> 01:36:58.852
So Mr. Robinette, I'm just
gonna put you on hold right now
01:36:58.852 --> 01:37:00.270
because I've got board members
01:37:00.270 --> 01:37:02.283
that still have questions at this point.
01:37:03.170 --> 01:37:05.622
Make one sentence of
concern about the reference
01:37:05.622 --> 01:37:06.925
to finding a fact number five
01:37:06.925 --> 01:37:09.426
that finding was that's an allegation.
01:37:09.426 --> 01:37:13.940
It was an allegation that was rejected.
01:37:13.940 --> 01:37:16.760
The allegations were found
were about flipping here
01:37:16.760 --> 01:37:19.682
giving candy to kids who
helped him as Ms. Moriarty said,
01:37:19.682 --> 01:37:23.210
and having nicknames for
students that didn't turn anyone.
01:37:23.210 --> 01:37:24.890
They were just a mnemonic device.
01:37:24.890 --> 01:37:25.900
That's all I have.
01:37:25.900 --> 01:37:26.733
Okay.
01:37:27.716 --> 01:37:28.549
Dr. Bob.
01:37:28.549 --> 01:37:30.003
Yes.
01:37:30.003 --> 01:37:32.577
I wanted to say as a teacher,
basically that, you know
01:37:32.577 --> 01:37:35.110
I'm a little surprised
that this case in particular
01:37:35.110 --> 01:37:39.030
because we have obviously our training
01:37:39.030 --> 01:37:40.940
and what we can do and what we can't do.
01:37:40.940 --> 01:37:41.773
And while most
01:37:41.773 --> 01:37:44.742
of us have candy in the
classroom, that's true.
01:37:44.742 --> 01:37:47.750
It would never, ever come to my mind
01:37:47.750 --> 01:37:52.750
to play with the young students
hair and 1,000,000 years.
01:37:52.910 --> 01:37:55.460
I would this kind of behavior never
01:37:55.460 --> 01:37:58.200
even enter into my mind.
01:37:58.200 --> 01:38:01.110
Add to that, the fact
that this individual
01:38:01.110 --> 01:38:04.017
was told by his principal
some administrator.
01:38:04.017 --> 01:38:05.450
"Hey, you need to stop this."
01:38:05.450 --> 01:38:07.240
And he kept on with it indicates
01:38:07.240 --> 01:38:09.070
that he has no intent.
01:38:09.070 --> 01:38:13.138
No intent of, you know
prescribing to the laws of
01:38:13.138 --> 01:38:18.138
that the school district
has, or the TEA is set forth.
01:38:19.730 --> 01:38:21.650
And I find it incredulous
01:38:21.650 --> 01:38:26.036
that the ALJ only gave him
a non ascribed, you know
01:38:26.036 --> 01:38:30.250
non-written punishment in this case.
01:38:30.250 --> 01:38:34.672
I kind of agree with
Julia and Mr. Coleman.
01:38:34.672 --> 01:38:38.980
But I understand also that, you know
01:38:38.980 --> 01:38:41.170
this kind of stuff is incremental.
01:38:41.170 --> 01:38:44.860
So what's the next
level up from a verbal
01:38:44.860 --> 01:38:47.080
maybe it is a written or will, you know
01:38:47.080 --> 01:38:49.840
if you wanna jump to
a one-year suspension
01:38:49.840 --> 01:38:50.900
maybe that's what it takes
01:38:50.900 --> 01:38:53.390
for this guy to realize that, you know,
01:38:53.390 --> 01:38:55.730
he can't be a lone Wolf out there
01:38:55.730 --> 01:38:57.130
with this type of behavior.
01:38:57.130 --> 01:39:00.000
If we're to protect the kids,
01:39:00.000 --> 01:39:01.810
we have to put some teeth into it.
01:39:01.810 --> 01:39:05.560
So I guess you all know
how I feel about it as a teacher
01:39:05.560 --> 01:39:07.036
it would never come
01:39:07.036 --> 01:39:08.910
to my mind to even
come close to anything
01:39:08.910 --> 01:39:10.410
like this individual has done.
01:39:12.522 --> 01:39:14.215
Okay.
01:39:14.215 --> 01:39:16.165
Any other questions from board members?
01:39:18.144 --> 01:39:19.390
All right Ms. Moriaty,
01:39:19.390 --> 01:39:22.073
I think that the recommendation uptake
01:39:25.210 --> 01:39:28.330
to a one year suspension,
there are no other questions.
01:39:28.330 --> 01:39:32.570
The motion is on the slide deck.
01:39:32.570 --> 01:39:33.403
I'm sorry.
01:39:34.237 --> 01:39:36.730
Ms. Rohanna Sykes,
if you have a question?
01:39:36.730 --> 01:39:38.170
No I was ready to make the motion?
01:39:38.170 --> 01:39:39.073
Okay, thank you.
01:39:40.100 --> 01:39:42.561
Go ahead and put the
motion up on the slide deck.
01:39:42.561 --> 01:39:45.283
Go ahead, miss Rohanna.
01:39:46.700 --> 01:39:47.860
Yes.
01:39:47.860 --> 01:39:52.107
I called to order docket
number 701-20-3931
01:39:52.107 --> 01:39:54.957
that EC State Board
01:39:54.957 --> 01:39:57.110
for Educator Certification
versus Robert Marrion.
01:39:57.110 --> 01:39:58.820
I moved that the board
adopt the proposal
01:39:58.820 --> 01:40:02.472
for decision including
findings of fact, number 1-15
01:40:02.472 --> 01:40:04.993
and conclusions of law numbers 1-8.
01:40:04.993 --> 01:40:07.930
I made that the board modify
the recommended sanction
01:40:07.930 --> 01:40:10.430
of a non inscribed reprimand as follows.
01:40:10.430 --> 01:40:12.250
Robert Marion's educator
01:40:12.250 --> 01:40:15.320
certification should be
suspended for one year.
01:40:15.320 --> 01:40:17.980
This modification of sanction
is permissible pursuant
01:40:17.980 --> 01:40:22.647
to Texas government code two
2001.058(e) and it's necessary
01:40:24.400 --> 01:40:26.750
because the Administrative
Law Judge did not
01:40:26.750 --> 01:40:28.360
properly apply board rules
01:40:29.357 --> 01:40:31.160
and non inscribed
reprimand does not appear
01:40:31.160 --> 01:40:34.500
on an educator's public
facing certification records.
01:40:34.500 --> 01:40:36.290
So it cannot achieve the board's goal
01:40:36.290 --> 01:40:38.913
of protecting the safety and welfare
01:40:38.913 --> 01:40:41.060
of school children
upholding the public trust
01:40:41.060 --> 01:40:43.340
and deterring future violations.
01:40:43.340 --> 01:40:46.185
The board's rules require a
stronger sanction in this case
01:40:46.185 --> 01:40:48.207
and findings the fact No. 3
01:40:48.207 --> 01:40:50.290
the ALJ found proper misconduct.
01:40:50.290 --> 01:40:53.200
Mr. Marion had received
a written directive in 2017
01:40:53.200 --> 01:40:55.890
from Ms. Principles to stop
flipping the hair of students
01:40:55.890 --> 01:40:58.090
because the behavior was unprofessional
01:40:58.090 --> 01:41:01.651
and respondent agreed
not to continue the behavior.
01:41:01.651 --> 01:41:03.300
And finding a fact, Number. 4,
01:41:03.300 --> 01:41:05.870
the ALJ found that the
respondent never less continued
01:41:05.870 --> 01:41:08.180
to touch and flip students' hair.
01:41:08.180 --> 01:41:11.360
During the 2018/2019 school year
01:41:11.360 --> 01:41:13.560
the LJ did not make any findings
01:41:13.560 --> 01:41:16.000
to suggest that Mr. Marion
had been rehabilitated
01:41:16.000 --> 01:41:17.643
from this continuing misconduct.
01:41:18.570 --> 01:41:21.550
And conclusion of law
No. 6, the ALJ found
01:41:21.550 --> 01:41:23.640
that by touching and
flipping student's hair,
01:41:23.640 --> 01:41:26.080
Mr. Marion violated standard 3.8
01:41:26.080 --> 01:41:28.090
of the educators code of ethics,
01:41:28.090 --> 01:41:29.900
which requires that all educators
01:41:29.900 --> 01:41:32.360
maintain appropriate
professional educators
01:41:32.360 --> 01:41:34.637
student relationships and boundaries.
01:41:34.637 --> 01:41:37.255
Mr. Marion's violation of
educator/student boundaries
01:41:37.255 --> 01:41:40.450
after he had been given
a written directive to stop
01:41:40.450 --> 01:41:43.810
so that he is not shows
that he is not deterred
01:41:43.810 --> 01:41:47.060
by mere written warnings,
making a non inscribed reprimand
01:41:47.060 --> 01:41:50.420
as a sanction is an
insufficient deterrence.
01:41:50.420 --> 01:41:51.540
His prior misconduct
01:41:51.540 --> 01:41:53.450
and his lack of
evidence of rehabilitation
01:41:53.450 --> 01:41:55.300
also require a strong sanction.
01:41:55.300 --> 01:41:58.410
or these reasons, the
appropriate sanction in this case,
01:41:58.410 --> 01:42:01.823
in keeping with the board's
role is a one-year suspension.
01:42:03.239 --> 01:42:04.860
Thank you Ms. Rohanna Sykes.
01:42:04.860 --> 01:42:06.586
Do I have a second?
01:42:06.586 --> 01:42:09.618
will have a second motion,
any set of the questions?
01:42:09.618 --> 01:42:14.599
Alright, all those in
favor, raise your right hand
01:42:14.599 --> 01:42:16.813
and hold it up so that
the vote may be recorded.
01:42:18.260 --> 01:42:20.183
Any opposition do the same?
01:42:21.230 --> 01:42:24.230
There was no opposition
motion carries unanimous.
01:42:24.230 --> 01:42:25.363
Ms. Moriaty.
01:42:26.960 --> 01:42:29.750
So that takes us
onto Reginald Young .
01:42:29.750 --> 01:42:32.210
Your third PFD for the day.
01:42:32.210 --> 01:42:35.100
The recommendation from
staff there is to take well
01:42:35.100 --> 01:42:36.581
from the ALJs to take no action.
01:42:36.581 --> 01:42:39.730
And staff's recommendation is to accept
01:42:39.730 --> 01:42:42.660
that the parties have
agreed to waive oral argument
01:42:42.660 --> 01:42:45.630
if the board is inclined to
accept that recommendation.
01:42:45.630 --> 01:42:47.240
But if the board has questions
01:42:47.240 --> 01:42:49.280
or wants to take a different path
01:42:49.280 --> 01:42:53.410
than the parties request
oral argument in that situation.
01:42:53.410 --> 01:42:54.580
So it's up to the board.
01:42:54.580 --> 01:42:56.580
Do you wanna go ahead
01:42:56.580 --> 01:42:58.317
and vote this based on
staff's recommendation?
01:42:58.317 --> 01:42:59.480
Or would you like oral arguments?
01:42:59.480 --> 01:43:00.962
Okay.
01:43:00.962 --> 01:43:02.883
Board members, any
questions for Ms. Moriaty?
01:43:04.810 --> 01:43:05.643
Alright.
01:43:05.643 --> 01:43:08.130
Let's see the motion, Laura.
01:43:08.130 --> 01:43:13.083
Alright, board members.
01:43:13.083 --> 01:43:15.663
I see a motion.
01:43:17.986 --> 01:43:20.210
Do you wanna make the motion.
01:43:20.210 --> 01:43:21.393
Mr. Palmer please?
01:43:24.500 --> 01:43:26.046
I called to order
01:43:26.046 --> 01:43:28.190
docket number is 701-20-4650.EC.
01:43:30.660 --> 01:43:33.050
State Board for Educator Certification
01:43:33.050 --> 01:43:34.520
versus Reginald Young.
01:43:34.520 --> 01:43:37.170
I moved at the board except
the proposal for decision
01:43:38.242 --> 01:43:39.885
and issue a final order consistent
01:43:39.885 --> 01:43:40.718
with the ALJs recommendation.
01:43:40.718 --> 01:43:41.780
No disciplinary action
01:43:41.780 --> 01:43:45.510
should be taken against
Mr. Young's educator certificates.
01:43:45.510 --> 01:43:46.983
Greg, do I have a second?
01:43:49.970 --> 01:43:50.993
Dr. Kelly seconds?
01:43:52.098 --> 01:43:53.198
Any further questions?
01:43:54.410 --> 01:43:55.540
Alright, all those in favor,
01:43:55.540 --> 01:43:56.640
raise your right hand.
01:43:57.516 --> 01:43:59.323
Hold it up so that the vote
may be recorded, please.
01:44:01.070 --> 01:44:01.903
Alright.
01:44:01.903 --> 01:44:03.360
Thank you.
01:44:03.360 --> 01:44:04.900
All those in opposition to the same.
01:44:04.900 --> 01:44:07.270
No opposition motion
carries unanimously.
01:44:07.270 --> 01:44:08.460
Ms. Moriaty.
01:44:08.460 --> 01:44:09.900
You're up.
01:44:09.900 --> 01:44:11.990
That takes us back
to Gilbert McClure.
01:44:11.990 --> 01:44:13.233
Your first PFD.
01:44:14.720 --> 01:44:16.560
Cameron has Mr.(indistinct)
01:44:16.560 --> 01:44:18.293
or anybody from his firm arrived?
01:44:18.293 --> 01:44:19.560
No, no one is here.
01:44:19.560 --> 01:44:20.393
Okay.
01:44:21.321 --> 01:44:23.421
So in that case, staff's
recommendation is
01:44:24.449 --> 01:44:26.699
that we accept the ALJs recommendation
01:44:26.699 --> 01:44:29.363
of a current revocation
and we can vote that motion.
01:44:30.220 --> 01:44:31.659
Okay.
01:44:31.659 --> 01:44:32.780
Thank you, Laura.
01:44:32.780 --> 01:44:33.913
Cameron, do you want
to put that motion up?
01:44:34.900 --> 01:44:36.524
Alright.
01:44:36.524 --> 01:44:37.693
The Ms. Rohanna Sykes.
01:44:39.131 --> 01:44:43.740
Call to order docket
No. 701-20-3193.EC,
01:44:45.931 --> 01:44:46.929
State Board
01:44:46.929 --> 01:44:47.762
for Educator Certification
versus Gilbert McLure.
01:44:47.762 --> 01:44:50.244
I'm at the board accept
the proposal for decision
01:44:50.244 --> 01:44:52.726
and issue a final order consistent
01:44:52.726 --> 01:44:54.950
with the ALJs recommendation.
01:44:54.950 --> 01:44:56.930
Mr. McLure educators certificates
01:44:56.930 --> 01:44:58.763
should be permanently revoked.
01:44:59.770 --> 01:45:00.603
Alright.
01:45:01.689 --> 01:45:03.136
Do I have a second?
01:45:03.136 --> 01:45:03.969
Ms. Dvorak seconds that motion.
01:45:03.969 --> 01:45:05.073
Any further questions?
01:45:06.640 --> 01:45:07.473
Seeing none,
01:45:07.473 --> 01:45:09.000
all those in favor,
raise your right hand
01:45:09.000 --> 01:45:11.803
hold it up high so that
the vote may be recorded.
01:45:14.070 --> 01:45:15.345
Alright.
01:45:15.345 --> 01:45:16.178
Thank you all.
01:45:16.178 --> 01:45:17.260
Those in opposition do the same.
01:45:17.260 --> 01:45:19.307
No opposition motion
carries unanimously.
01:45:19.307 --> 01:45:20.940
Ms. Moriaty.
01:45:20.940 --> 01:45:21.813
You're up again.
01:45:22.689 --> 01:45:24.087
So that takes us back
01:45:24.087 --> 01:45:25.960
to the first item on this agenda item
01:45:25.960 --> 01:45:29.850
which was the, the
Banjos case and the motion
01:45:29.850 --> 01:45:33.370
to extend time for the
motion for rehearing.
01:45:33.370 --> 01:45:36.510
I believe that your
attorney has requested
01:45:36.510 --> 01:45:38.210
to take you into executive session
01:45:39.451 --> 01:45:41.488
to explain the legal procedure,
01:45:41.488 --> 01:45:43.850
because this is such a weird thing
01:45:43.850 --> 01:45:45.320
that we're about to do.
01:45:45.320 --> 01:45:50.219
So, Ms. Wolf, is that, is that the plan?
01:45:50.219 --> 01:45:51.960
Yes, that is the plan.
01:45:51.960 --> 01:45:55.400
And I will send Cameron
the link right now to the Zoom.
01:45:55.400 --> 01:45:56.600
So she gets him now too.
01:45:57.830 --> 01:46:01.202
So Cameron will need
the language for Dr. Cavazos
01:46:01.202 --> 01:46:03.330
to read, to go into executive session.
01:46:03.330 --> 01:46:04.430
So I'm sorry, Jessica.
01:46:05.704 --> 01:46:07.357
It's not the slide deck right now.
01:46:07.357 --> 01:46:08.190
I'm just putting in
the time to the motion
01:46:08.190 --> 01:46:10.280
and then I'll share
it in just one second
01:46:11.370 --> 01:46:13.740
And Laura, while
she's doing that.
01:46:13.740 --> 01:46:16.499
So we're gonna go
into executive session.
01:46:16.499 --> 01:46:18.373
So we're gonna Zoom
into a different name
01:46:18.373 --> 01:46:22.330
or you're just gonna move
us to executive session.
01:46:22.330 --> 01:46:26.710
I am going to email the
group, a separate Zoom link.
01:46:26.710 --> 01:46:29.830
You will leave this Zoom, enter
01:46:29.830 --> 01:46:31.990
into the other Zoom to
discuss the case with Sarah.
01:46:31.990 --> 01:46:33.900
And then you will come back to the link.
01:46:33.900 --> 01:46:37.440
Kristi Pogue sent you this
morning and rejoin us here.
01:46:37.440 --> 01:46:38.300
Perfect.
01:46:38.300 --> 01:46:39.300
And during that time
01:46:39.300 --> 01:46:41.453
we're gonna take a little break too Cam.
01:46:42.753 --> 01:46:44.365
That is great.
01:46:44.365 --> 01:46:46.650
Let me if y'all are ready
01:46:46.650 --> 01:46:48.050
for the executive session language
01:46:48.050 --> 01:46:49.650
I will share the screen now.
01:46:49.650 --> 01:46:51.122
Yes.
01:46:51.122 --> 01:46:52.314
And board members.
01:46:52.314 --> 01:46:53.150
So we will go into executive session.
01:46:53.150 --> 01:46:54.814
It's about 10:20.
01:46:54.814 --> 01:46:58.710
So you can zoom back in
about 10:30 to executive session.
01:46:58.710 --> 01:47:00.298
Sarah, is that okay?
01:47:00.298 --> 01:47:02.520
Do you have time for us at 10:30?
01:47:02.520 --> 01:47:03.630
Yes.
01:47:03.630 --> 01:47:04.463
That's actually a perfect Dr. Carvazos.
01:47:04.463 --> 01:47:06.850
Because the Zoom link says 10:30 so.
01:47:06.850 --> 01:47:07.810
Okay, perfect.
01:47:07.810 --> 01:47:10.020
See, we are Cameron.
01:47:10.020 --> 01:47:11.805
You were gonna go
as a break anyways, so.
01:47:11.805 --> 01:47:15.930
I wasn't but it's
hard to do that for us.
01:47:15.930 --> 01:47:17.090
Alright.
01:47:17.090 --> 01:47:18.430
It is 10:20 AM.
01:47:18.430 --> 01:47:21.590
And the board will now go
into closed session pursuant
01:47:21.590 --> 01:47:25.500
to government code, section 551.071
01:47:25.500 --> 01:47:28.230
to obtain advice of legal counsel
01:47:28.230 --> 01:47:31.208
under agenda item number 11.
01:47:31.208 --> 01:47:32.803
So we're gonna zoom off of this.
01:47:35.627 --> 01:47:36.460
Yes.
01:47:36.460 --> 01:47:38.046
Check your email, I
will send you a link.
01:47:38.046 --> 01:47:39.713
Thank you Cameron.
01:47:45.047 --> 01:47:46.214
Are we live?
01:47:47.131 --> 01:47:48.860
You are live, yes.
01:47:48.860 --> 01:47:50.250
Okay.
01:47:50.250 --> 01:47:51.629
Thank you.
01:47:51.629 --> 01:47:54.657
Is it is now 10:38 AM
on April 30th, 2021.
01:47:54.657 --> 01:47:57.000
And the board is now in open session.
01:47:57.000 --> 01:47:59.343
No action was taken in closed session.
01:48:00.760 --> 01:48:04.430
And I think Ms. Mariaty, you're up.
01:48:04.430 --> 01:48:05.263
Right.
01:48:06.287 --> 01:48:07.993
So we're gonna take up the Fantas case.
01:48:07.993 --> 01:48:09.369
We will start with the
motion to extend time
01:48:09.369 --> 01:48:13.171
for the motion for rehearing.
01:48:13.171 --> 01:48:18.171
So the motion to extend
time as the first step
01:48:18.630 --> 01:48:21.853
we are gonna take
these one level at a time.
01:48:22.920 --> 01:48:26.232
So we'll start with that one.
01:48:26.232 --> 01:48:29.150
The party that is making the motion gets
01:48:29.150 --> 01:48:30.350
to do the oral argument.
01:48:30.350 --> 01:48:32.960
I'll be responding on
behalf of staff in this one
01:48:34.040 --> 01:48:36.500
but we will start with
Mr. (indistinct) attorney
01:48:38.290 --> 01:48:39.343
soon as she can hear.
01:48:40.230 --> 01:48:41.443
Yes, I'm here.
01:48:43.023 --> 01:48:45.708
Thank you Ms. Smith.
01:48:45.708 --> 01:48:47.287
I will give you a 10 minute timer.
01:48:47.287 --> 01:48:49.000
If you get down to a minute,
01:48:49.000 --> 01:48:50.370
I will let you know you have a minute
01:48:50.370 --> 01:48:52.050
and when you're done,
I will let you know how
01:48:52.050 --> 01:48:55.830
much time you have for rebuttal
out of your full 10 minutes.
01:48:55.830 --> 01:48:57.248
Okay.
01:48:57.248 --> 01:48:58.081
Thank you.
01:49:00.250 --> 01:49:05.250
So Texas government code 2001.14C states
01:49:05.729 --> 01:49:09.514
that if an adversely affected
party or the party's attorney
01:49:09.514 --> 01:49:14.514
of record does not receive
notice required by subsections A
01:49:15.120 --> 01:49:18.490
and B or require actual
knowledge of assigned decision
01:49:18.490 --> 01:49:21.660
or order before the
15th day after the date
01:49:21.660 --> 01:49:23.821
the decision or order is signed,
01:49:23.821 --> 01:49:26.580
or another period agreed
01:49:27.579 --> 01:49:30.825
to under sections
2001.144146147 or relating
01:49:30.825 --> 01:49:35.825
to a decision or motion for
hearing B begins with respect
01:49:40.440 --> 01:49:43.050
to that party on the
date, the party or parties
01:49:43.050 --> 01:49:46.140
attorney of record receives
notice or actual knowledge
01:49:46.140 --> 01:49:50.120
of the signed decision or
order whichever occurs first.
01:49:50.120 --> 01:49:52.850
And so what happened in this case is
01:49:52.850 --> 01:49:56.200
that the notice was not received
01:49:56.200 --> 01:50:01.200
by our office until March 4 2021.
01:50:03.790 --> 01:50:08.790
And so this was after our office reached
01:50:09.150 --> 01:50:11.390
out to a petitioner's attorney
01:50:11.390 --> 01:50:14.903
to get a copy of that
signed motion for hearing
01:50:14.903 --> 01:50:16.452
and then it was re received.
01:50:16.452 --> 01:50:21.452
So we acquired actual
notice on March 4th
01:50:21.670 --> 01:50:25.730
which would grant the
extension or the revision
01:50:25.730 --> 01:50:30.087
of that deadline to start on March 4th.
01:50:30.087 --> 01:50:33.240
You know, this case kind of fits
01:50:33.240 --> 01:50:36.151
that statutory example perfectly.
01:50:36.151 --> 01:50:40.530
There was not notice
we did not have a copy
01:50:40.530 --> 01:50:41.380
of the signed order.
01:50:41.380 --> 01:50:44.980
So we couldn't know
based on what happened
01:50:44.980 --> 01:50:48.320
during the hearing,
what the actual revisions
01:50:48.320 --> 01:50:51.510
to the final order were going to be.
01:50:51.510 --> 01:50:54.350
And we did not get a copy
01:50:54.350 --> 01:50:59.350
of that until we reached out
to Tia's attorney on March 4th.
01:51:02.081 --> 01:51:04.740
Therefore the motion for the revision
01:51:04.740 --> 01:51:06.440
of the deadline should be granted.
01:51:06.440 --> 01:51:08.630
Thank you.
01:51:08.630 --> 01:51:09.705
Thank you.
01:51:09.705 --> 01:51:10.966
Ms. Moriaty.
01:51:10.966 --> 01:51:12.005
Yeah.
01:51:12.005 --> 01:51:14.171
So I want you as a board to know
01:51:14.171 --> 01:51:17.430
that we did mail this order timely
01:51:17.430 --> 01:51:19.708
and we did fulfill the requirements
01:51:19.708 --> 01:51:21.270
the administrative procedure act,
01:51:21.270 --> 01:51:23.030
but I as a lawyer also want
01:51:23.030 --> 01:51:24.496
to acknowledge that the cleanest thing
01:51:24.496 --> 01:51:26.673
from a legal appellate perspective is
01:51:26.673 --> 01:51:28.912
for you to grant this
motion for extension of time.
01:51:28.912 --> 01:51:32.695
That being said, I just wanna walk you
01:51:32.695 --> 01:51:36.150
through how much notice
we gave these people.
01:51:36.150 --> 01:51:39.966
Just so you're clear that
we are running a tight ship
01:51:39.966 --> 01:51:44.237
and that this is not a problem.
01:51:44.237 --> 01:51:46.040
So first, as she pointed out
01:51:46.040 --> 01:51:47.510
they were present at the meeting.
01:51:47.510 --> 01:51:51.363
They heard your motion and
your vote on February 12th.
01:51:52.690 --> 01:51:54.890
And typically if we were
in an in-person meeting
01:51:54.890 --> 01:51:56.200
they would have received a copy
01:51:56.200 --> 01:51:57.600
of the signed order right then
01:51:57.600 --> 01:51:59.270
but we weren't because we were on Zoom
01:51:59.270 --> 01:52:01.100
and everyone knows
what happened the next day
01:52:01.100 --> 01:52:03.650
on Saturday Snowmageddon started.
01:52:03.650 --> 01:52:05.450
So we all lost power.
01:52:05.450 --> 01:52:08.460
We all lost water TA closed.
01:52:08.460 --> 01:52:10.130
The next time we were able to get
01:52:10.130 --> 01:52:14.770
into the office to do
anything was February 22nd.
01:52:14.770 --> 01:52:16.900
We sent this order by first class mail
01:52:16.900 --> 01:52:19.410
on that date to her law firm.
01:52:19.410 --> 01:52:22.500
And that's all we have
to do under the statute.
01:52:22.500 --> 01:52:24.010
They claim they didn't get it.
01:52:24.010 --> 01:52:25.880
And the first time they
let us know that was
01:52:25.880 --> 01:52:28.025
on March 4th, 2021.
01:52:28.025 --> 01:52:30.320
So they sent us a email.
01:52:30.320 --> 01:52:34.160
We immediately replied
on the fifth, got them a, well
01:52:34.160 --> 01:52:35.260
actually on the fourth
01:52:36.133 --> 01:52:38.817
we emailed them back and
responded with an email.
01:52:38.817 --> 01:52:41.570
We then also mailed them
another hard copy of the thing.
01:52:41.570 --> 01:52:43.570
They could have filed a
motion for a hearing right thing.
01:52:43.570 --> 01:52:45.370
'Cause it wasn't actually
due until March 9th
01:52:45.370 --> 01:52:47.970
but instead they've
chosen to take this path.
01:52:47.970 --> 01:52:49.850
I agree again, that it's cleaner
01:52:49.850 --> 01:52:51.410
from an appellate perspective
01:52:51.410 --> 01:52:52.970
to grant their motion for time.
01:52:52.970 --> 01:52:54.883
But I just want you to know
01:52:54.883 --> 01:52:57.360
that we've fulfilled our
statutory obligations.
01:52:57.360 --> 01:53:00.210
We did as much as we
possibly could humanly
01:53:00.210 --> 01:53:01.910
get this thing mailed to them.
01:53:01.910 --> 01:53:03.327
to get this thing mailed to them.
01:53:03.327 --> 01:53:05.740
And it was mailed
timely under the statute.
01:53:05.740 --> 01:53:07.040
So those are
01:53:07.040 --> 01:53:09.890
that's all the position I
needed to present to you today.
01:53:11.830 --> 01:53:12.663
Okay.
01:53:14.540 --> 01:53:16.593
Any questions from board members?
01:53:18.470 --> 01:53:19.420
Alright.
01:53:19.420 --> 01:53:22.680
So Ms. Cameron, do we have a motion
01:53:25.353 --> 01:53:29.110
You'll need to just
pick grant or deny?
01:53:29.110 --> 01:53:32.080
I will remove the one
that you don't pick.
01:53:32.080 --> 01:53:33.230
Okay.
01:53:33.230 --> 01:53:34.240
Alright.
01:53:34.240 --> 01:53:38.013
Board members, anyone
ready to make the motion?
01:53:41.470 --> 01:53:43.423
Alright, Ms. Rohanna Sykes please.
01:53:45.450 --> 01:53:47.310
I move that the
board board grant
01:53:47.310 --> 01:53:50.273
Mr. Banas' motion to extend time.
01:53:50.273 --> 01:53:51.350
Okay.
01:53:51.350 --> 01:53:53.344
Thank you, Ms. Sykes.
01:53:53.344 --> 01:53:54.670
Do I see a second?
01:53:54.670 --> 01:53:57.110
Mr. (indistinct) seconds that motion.
01:53:57.110 --> 01:53:58.433
Any further discussion?
01:53:59.720 --> 01:54:01.258
Hearing none.
01:54:01.258 --> 01:54:02.464
All those in favor.
01:54:02.464 --> 01:54:03.730
raise your right hand and hold it up
01:54:03.730 --> 01:54:05.623
so that the vote may be recorded.
01:54:07.120 --> 01:54:08.261
Alright.
01:54:08.261 --> 01:54:09.297
Thank you.
01:54:09.297 --> 01:54:11.100
All those in opposition do the same.
01:54:11.100 --> 01:54:13.204
No opposition motion carries next.
01:54:13.204 --> 01:54:15.883
Ms. Moriaty.
01:54:15.883 --> 01:54:20.530
So that means we next take
up the motion for rehearing.
01:54:20.530 --> 01:54:22.870
Jessica, if I could just have
the slides for one moment
01:54:22.870 --> 01:54:24.100
I think we have a slide setting
01:54:24.100 --> 01:54:26.920
out your options on
the motion for rehearing.
01:54:26.920 --> 01:54:29.810
'Cause I just want to
make sure it's clear.
01:54:29.810 --> 01:54:31.720
We're gonna go into oral
argument in a moment
01:54:31.720 --> 01:54:33.320
but these are gonna be your options.
01:54:33.320 --> 01:54:35.980
When we're done, you're
gonna get to rehear the case.
01:54:35.980 --> 01:54:37.970
You can move to not re hear the case
01:54:37.970 --> 01:54:40.370
or you can make no
motion and allow the motion
01:54:40.370 --> 01:54:42.500
for a hearing to be
overruled by operation of law.
01:54:42.500 --> 01:54:45.860
So again, you have three
options instead of the usual two.
01:54:45.860 --> 01:54:46.810
When we come out of this
01:54:46.810 --> 01:54:50.760
I just wanted to make that super clear.
01:54:50.760 --> 01:54:51.860
So thank you, Jessica.
01:54:52.901 --> 01:54:54.813
That's all I needed there.
01:54:54.813 --> 01:54:56.011
So now we will go
01:54:56.011 --> 01:54:57.123
into oral argument on
the motion for rehearing.
01:54:58.159 --> 01:54:59.040
Ms. Smith will still be making
01:55:00.301 --> 01:55:02.403
representing the respondent
and she it's her emotion.
01:55:02.403 --> 01:55:03.473
So she'll get to go first.
01:55:03.473 --> 01:55:04.727
But this time Sonaligo clay
is representing the agency
01:55:04.727 --> 01:55:07.693
because she was the
trial attorney on this case.
01:55:09.000 --> 01:55:10.523
So Ms. Smith taken away.
01:55:12.610 --> 01:55:13.840
Thank you.
01:55:13.840 --> 01:55:18.840
So this case is if this
motion for rehearing
01:55:19.160 --> 01:55:23.610
is not granted we are gonna
have a very strong case
01:55:23.610 --> 01:55:28.560
and a civil district court
to make these arguments.
01:55:28.560 --> 01:55:31.870
And I think that we will
be successful on that
01:55:31.870 --> 01:55:36.870
because the agency has
interpreted this meaning
01:55:38.130 --> 01:55:41.600
of good cause to show that
01:55:41.600 --> 01:55:45.180
if someone knows of a reason, you know,
01:55:45.180 --> 01:55:48.280
knows of an illness knows
that they're taking care
01:55:48.280 --> 01:55:51.240
of a sick family member,
something like that.
01:55:51.240 --> 01:55:53.160
If they know of the situation
01:55:53.160 --> 01:55:56.540
at the time that they
sign their contract
01:55:56.540 --> 01:56:01.430
and then that situation
changes significantly
01:56:01.430 --> 01:56:04.400
meaning that someone gets sicker,
01:56:04.400 --> 01:56:08.687
it becomes more of a burden
to take care of this person.
01:56:08.687 --> 01:56:12.360
Traffic has changed, you know,
01:56:12.360 --> 01:56:15.030
a wide variety of circumstances
01:56:15.030 --> 01:56:19.870
can cause a significant change
in an experience, you know
01:56:19.870 --> 01:56:22.956
in a situation that a teacher may know
01:56:22.956 --> 01:56:27.010
about at the time of
signing their contract
01:56:27.010 --> 01:56:31.870
but they can't foresee how
it's gonna impact their lives.
01:56:31.870 --> 01:56:36.120
And so they need
to have this flexibility
01:56:36.120 --> 01:56:41.120
in order to, you know, work,
why would you sign a contract
01:56:41.270 --> 01:56:43.030
if you have any kind of, you know,
01:56:43.030 --> 01:56:48.030
situation and then you could
get dinged for it and suspended
01:56:48.420 --> 01:56:51.360
for a year when you're trying
to make the right decision.
01:56:51.360 --> 01:56:54.920
And there's nothing in the
law and the agency never cited
01:56:54.920 --> 01:56:57.000
to anything to support this contention.
01:56:57.000 --> 01:57:00.340
That just because
Mr. Banas knew that his wife
01:57:00.340 --> 01:57:03.281
had this issue at the
time of signing his contract
01:57:03.281 --> 01:57:05.740
that it wasn't a significant change.
01:57:05.740 --> 01:57:09.060
The record shows that
it was a wide variety
01:57:09.060 --> 01:57:13.990
of circumstances that led
to his leaving his position
01:57:13.990 --> 01:57:16.536
at HISD for a lower
paying substitute position.
01:57:16.536 --> 01:57:18.115
So the I'm sorry.
01:57:18.115 --> 01:57:22.251
So, you know,
01:57:22.251 --> 01:57:26.174
for example so it wasn't
just that his wife was hurt.
01:57:26.174 --> 01:57:31.174
It was that his children
left, that she started going
01:57:31.440 --> 01:57:33.470
she herself went back to work
01:57:33.470 --> 01:57:35.740
and then she couldn't
drive herself anymore
01:57:35.740 --> 01:57:37.970
because she was in so much pain.
01:57:37.970 --> 01:57:39.860
Traffic, he couldn't have first seen
01:57:39.860 --> 01:57:42.700
at the time how bad
the traffic was gonna be.
01:57:42.700 --> 01:57:44.260
And that commuting four hours
01:57:44.260 --> 01:57:46.940
was going to negatively impact his wife.
01:57:46.940 --> 01:57:50.500
She needed him to help
out around the house
01:57:50.500 --> 01:57:51.540
because she wasn't paying.
01:57:51.540 --> 01:57:55.040
And she didn't know at the
time that he signed the contract
01:57:55.040 --> 01:57:57.740
they all thought that her
back pain was gonna go away
01:57:57.740 --> 01:57:58.950
that she was gonna be healed
01:57:58.950 --> 01:58:01.480
that she could be back to work normal.
01:58:01.480 --> 01:58:02.810
That's not what happened.
01:58:02.810 --> 01:58:07.010
So just because he
knew about this condition
01:58:07.010 --> 01:58:09.260
at the time that he signed the contract
01:58:09.260 --> 01:58:12.420
it shouldn't preclude him from stating
01:58:12.420 --> 01:58:17.190
that he from having good
cause to leave his contract.
01:58:17.190 --> 01:58:18.023
Thank you.
01:58:21.077 --> 01:58:24.413
Now is Mr. Clay's opportunity.
01:58:28.660 --> 01:58:30.580
Good morning board.
01:58:30.580 --> 01:58:32.350
Respondent's motion for rehearing
01:58:32.350 --> 01:58:34.250
is predicated on the assumption
01:58:34.250 --> 01:58:36.990
that SBEC has somehow misinterpreted
01:58:36.990 --> 01:58:40.720
or misapplied the law,
that is simply not true.
01:58:40.720 --> 01:58:43.470
Respondent attempts to
re-litigate the entire case
01:58:43.470 --> 01:58:46.550
and his motion for rehearing
by re arguing the case
01:58:46.550 --> 01:58:49.800
twisting facts and taking
them out of context.
01:58:49.800 --> 01:58:51.860
But this board's decision was fully
01:58:51.860 --> 01:58:54.811
within the agency's
authority and discretion.
01:58:54.811 --> 01:58:59.110
An agency's findings and
decision are presumed to be valid
01:58:59.110 --> 01:59:01.280
and supported by substantial evidence.
01:59:01.280 --> 01:59:03.390
And the burden to prove otherwise is
01:59:03.390 --> 01:59:06.290
on the party challenging the decision.
01:59:06.290 --> 01:59:08.690
What matters here is the reasonableness
01:59:08.690 --> 01:59:11.673
of the agency's decision,
not its correctness.
01:59:12.550 --> 01:59:13.970
In this case, the findings
01:59:13.970 --> 01:59:16.550
of fact were determined by
the Administrative Law Judge
01:59:16.550 --> 01:59:18.580
after hearing testimony of witnesses
01:59:18.580 --> 01:59:20.310
and considering all the evidence.
01:59:20.310 --> 01:59:22.972
As SBEC adopted all of the findings
01:59:22.972 --> 01:59:25.756
of fact as set forth in the PFD.
01:59:25.756 --> 01:59:29.667
SBEC only modified conclusions
of law, number six and seven
01:59:29.667 --> 01:59:33.853
which related to whether or
not respondent had cause.
01:59:33.853 --> 01:59:38.853
And if it warranted a
sanction after it determined
01:59:38.910 --> 01:59:41.140
that the ALJ had not properly applied
01:59:41.140 --> 01:59:45.060
and interpreted applicable
law and agency rules.
01:59:45.060 --> 01:59:47.530
These modified conclusions of law
01:59:47.530 --> 01:59:50.230
were based on the unmodified findings
01:59:50.230 --> 01:59:52.580
of fact made by the ALJ.
01:59:52.580 --> 01:59:54.831
And they are therefore supported
01:59:54.831 --> 01:59:56.031
by substantial evidence.
01:59:56.952 --> 01:59:59.544
SBEC As a state
agency has the discretion
01:59:59.544 --> 02:00:01.600
to change a conclusion of law
02:00:01.600 --> 02:00:04.920
if it determines that an
ALJ did not properly interpret
02:00:04.920 --> 02:00:07.798
and apply agency rules as a state agency
02:00:07.798 --> 02:00:12.110
SBEC makes its own rules
and interprets its own rules.
02:00:12.110 --> 02:00:13.760
There is simply no better authority
02:00:13.760 --> 02:00:17.870
on the meaning of an agency's
rules than the agency itself.
02:00:17.870 --> 02:00:19.850
In this case, SBEC determined
02:00:19.850 --> 02:00:23.800
that the ALJ had
incorrectly interpreted title 19
02:00:23.800 --> 02:00:25.750
of the Texas Administrative Code,
02:00:25.750 --> 02:00:30.750
rule 24917D1C and SBEC
change the conclusions
02:00:31.260 --> 02:00:33.510
of law six and seven in keeping
02:00:33.510 --> 02:00:37.393
with the Texas government
code section 2001.058.
02:00:39.581 --> 02:00:41.580
He responded simply does not agree
02:00:41.580 --> 02:00:43.410
with the SBECs interpretation
of its own rules and believes
02:00:43.410 --> 02:00:46.780
that he knows better what
constitutes good cause.
02:00:46.780 --> 02:00:48.860
However, respondent's interpretation
02:00:48.860 --> 02:00:51.290
of good cause is irrelevant to the case.
02:00:51.290 --> 02:00:52.990
It's the board's role to interpret.
02:00:52.990 --> 02:00:56.900
And the board has reasonably
interpreted the rule to require
02:00:56.900 --> 02:00:59.120
that a significant change be something
02:00:59.120 --> 02:01:00.780
that was unknown to the educator.
02:01:00.780 --> 02:01:03.030
At the time the educator
signed the contract.
02:01:04.470 --> 02:01:07.570
He has not shown any reason
that the board's interpretation
02:01:07.570 --> 02:01:09.460
of what constitutes significant change
02:01:09.460 --> 02:01:11.460
for good cause was not reasonable.
02:01:11.460 --> 02:01:14.198
In this case, in this particular case,
02:01:14.198 --> 02:01:16.620
the findings of fact showed
02:01:16.620 --> 02:01:18.680
that when the respondent
signs his contract
02:01:18.680 --> 02:01:21.930
with the Houston
Independent School District,
02:01:21.930 --> 02:01:23.886
he knew his wife had a back injury.
02:01:23.886 --> 02:01:26.680
He knew she did not
pursue treatment options.
02:01:26.680 --> 02:01:28.760
He knew his children
were returning to college
02:01:28.760 --> 02:01:30.999
the next month, he
knew his wife would return
02:01:30.999 --> 02:01:32.960
to work the next month.
02:01:32.960 --> 02:01:36.440
And he knew that if the
accepted the (indistinct) position
02:01:36.440 --> 02:01:38.360
this commute would be longer.
02:01:38.360 --> 02:01:39.820
These are five facts
02:01:39.820 --> 02:01:42.330
at the time that he signed his contract.
02:01:42.330 --> 02:01:45.160
Respondent's wife had
a five minute commute.
02:01:45.160 --> 02:01:46.830
And the testimony at the hearing showed
02:01:46.830 --> 02:01:49.080
that she did not ask for FMLA leave
02:01:49.080 --> 02:01:52.830
from her employer or ask for
any workplace accommodations.
02:01:52.830 --> 02:01:57.680
There was no evidence or
testimony of any significant change
02:01:57.680 --> 02:02:01.750
in the respondent's
personal life circumstances
02:02:01.750 --> 02:02:03.370
that had changed.
02:02:03.370 --> 02:02:07.220
There was no significant change
in his family circumstances.
02:02:07.220 --> 02:02:08.610
And the three week span
02:02:08.610 --> 02:02:11.270
between when he signed
the contract with HSD.
02:02:11.270 --> 02:02:12.453
And when he resigned.
02:02:13.470 --> 02:02:16.160
All of these were known
anticipated developments
02:02:16.160 --> 02:02:17.850
that respondent should
have accounted for
02:02:17.850 --> 02:02:19.803
in his decision making process.
02:02:21.350 --> 02:02:22.840
Respondent would have the board belief
02:02:22.840 --> 02:02:24.540
that any change should be sufficient
02:02:24.540 --> 02:02:25.860
to constitute good cause.
02:02:25.860 --> 02:02:27.680
And that two or more minor changes
02:02:27.680 --> 02:02:29.853
would constitute a significant change.
02:02:31.670 --> 02:02:33.860
However, life is full
of constant change.
02:02:33.860 --> 02:02:35.570
Nothing ever stays the same.
02:02:35.570 --> 02:02:39.030
If it did, every change
would constitute good cause
02:02:39.030 --> 02:02:40.330
and there would be no need
02:02:41.824 --> 02:02:42.970
for educators to sign
a one-year contract.
02:02:42.970 --> 02:02:44.620
A revolving door of educators
02:02:44.620 --> 02:02:47.450
and long-term substitutes
would open that schools
02:02:47.450 --> 02:02:49.973
leaving students without
a consistent education.
02:02:50.840 --> 02:02:53.290
Clearly this is not what the
legislature intended when
02:02:53.290 --> 02:02:56.220
it codified contract abandonment
and the education code.
02:02:56.220 --> 02:02:58.230
And it is not what SBEC intended when
02:02:58.230 --> 02:03:00.980
the promulgated created
rules for contract abandonment.
02:03:02.870 --> 02:03:05.570
This was a case of first
impression for the board
02:03:05.570 --> 02:03:07.980
which had not previously
had the opportunity
02:03:07.980 --> 02:03:09.820
to interpret its role on good cause
02:03:09.820 --> 02:03:11.930
for contract abandonment.
02:03:11.930 --> 02:03:15.500
In the context of when
an educator who is aware
02:03:15.500 --> 02:03:18.020
of a coming change
in family circumstance
02:03:18.020 --> 02:03:20.683
at the time the educator
signs the contract.
02:03:21.570 --> 02:03:22.810
The board's interpretation
02:03:22.810 --> 02:03:26.870
in this case was not
arbitrary nor capricious.
02:03:26.870 --> 02:03:28.560
It does not contradict any clear
02:03:28.560 --> 02:03:30.970
and ambiguous language
and the board's regulations.
02:03:30.970 --> 02:03:33.857
And it does not defy
any prior precedent SBEC
02:03:34.800 --> 02:03:37.140
did not misinterpret
the applicable rules.
02:03:37.140 --> 02:03:41.750
The ALJ did aspects simply
apply the correct legal analysis
02:03:41.750 --> 02:03:45.200
to the facts situation and
reached a different conclusion.
02:03:45.200 --> 02:03:47.750
It properly changed
the conclusions to law
02:03:47.750 --> 02:03:51.900
and recommended sanction
as is within its discretion.
02:03:51.900 --> 02:03:54.490
As long as the decision
is reasonable and based
02:03:54.490 --> 02:03:58.290
on substantial evidence
aspect is able to modify the ALJ
02:03:58.290 --> 02:04:00.823
recommendation, and
change the conclusion of law.
02:04:01.697 --> 02:04:04.597
Having found there was no good cause
02:04:04.597 --> 02:04:06.060
for the contract abandonment
02:04:06.060 --> 02:04:08.930
the board gave respondent
the mandatory minimum
02:04:08.930 --> 02:04:11.563
one-year suspension
as required by its rule.
02:04:12.840 --> 02:04:15.367
The board has followed all
the requirements of the law
02:04:15.367 --> 02:04:17.900
and making its decision
and should therefore
02:04:17.900 --> 02:04:21.060
deny the petitioner's
motion for rehearing.
02:04:21.060 --> 02:04:21.893
Thank you.
02:04:24.260 --> 02:04:26.407
So now Ms. Smith has
the opportunity for (indistinct).
02:04:29.750 --> 02:04:33.050
So I want to zero
in on something
02:04:33.050 --> 02:04:34.990
that Ms. Gokhale mentioned
02:04:34.990 --> 02:04:37.490
and she mentioned legal analysis
02:04:37.490 --> 02:04:41.410
and that the board made
the correct legal analysis
02:04:41.410 --> 02:04:44.641
of the statute and wolves
when they had determined
02:04:44.641 --> 02:04:48.100
that Mr. Banas did not have good cause
02:04:48.100 --> 02:04:49.500
for contract abandonment
02:04:49.500 --> 02:04:52.520
because he knew about his wife's illness
02:04:52.520 --> 02:04:54.810
at the time he signed the contract
02:04:54.810 --> 02:05:01.370
and that, you know, she
didn't have requests FMLA
02:05:01.370 --> 02:05:05.150
or any workplace accommodations.
02:05:05.150 --> 02:05:08.630
But what we do when
we're doing a legal analysis
02:05:08.630 --> 02:05:11.750
is you're looking to case law
02:05:11.750 --> 02:05:13.630
and the plain language of the statute.
02:05:13.630 --> 02:05:15.680
And there's nothing
in the plain language
02:05:16.916 --> 02:05:20.000
of the statute that
requires this situation
02:05:20.000 --> 02:05:22.654
to be unknown of at the time.
02:05:22.654 --> 02:05:24.150
It just says significant change.
02:05:24.150 --> 02:05:28.650
And the record shows that
there was a significant change.
02:05:28.650 --> 02:05:33.100
It was a bunch of different
factors coming together
02:05:33.100 --> 02:05:36.690
at this time that created the change.
02:05:36.690 --> 02:05:38.890
Additionally, there's
nothing in the statute
02:05:39.759 --> 02:05:41.780
that says that someone
has to take the MLA
02:05:41.780 --> 02:05:45.410
or get workplace
accommodations to have an illness.
02:05:45.410 --> 02:05:50.000
Why would someone take
unpaid leave if they had the option
02:05:50.000 --> 02:05:54.490
of trying to continue working
and instead of, you know
02:05:54.490 --> 02:05:57.230
reaching out to the school
to get accommodations
02:05:57.230 --> 02:06:00.350
she thought that she could
have her husband help her out
02:06:00.350 --> 02:06:02.770
and have her husband, you know,
02:06:02.770 --> 02:06:06.930
work as a substitute teacher
and help her when he was there
02:06:06.930 --> 02:06:08.580
and help her with commuting.
02:06:08.580 --> 02:06:11.340
And so that's what she
did to accommodate herself
02:06:11.340 --> 02:06:13.490
rather than going on unpaid leave.
02:06:13.490 --> 02:06:15.620
So for these reasons,
02:06:15.620 --> 02:06:18.620
the motion for rehearing
should be granted.
02:06:18.620 --> 02:06:19.453
Thank you.
02:06:20.530 --> 02:06:21.590
Great.
02:06:21.590 --> 02:06:22.910
Ms. Moriaty,
02:06:22.910 --> 02:06:26.670
Well, so now it's in
the board's hands y'all
02:06:28.382 --> 02:06:30.872
can ask any questions you want,
02:06:30.872 --> 02:06:32.239
or we can make a motion
02:06:32.239 --> 02:06:33.072
or not make a motion
as we've talked about.
02:06:34.471 --> 02:06:35.310
There are again, three
options coming out of this.
02:06:35.310 --> 02:06:36.830
Okay.
02:06:36.830 --> 02:06:37.830
Mr. Coleman.
02:06:40.071 --> 02:06:41.540
Thank you, Dr. Cavazos.
02:06:41.540 --> 02:06:45.390
I feel like it would
benefit the new board
02:06:45.390 --> 02:06:49.657
members to know that because Dr. Bresha
02:06:51.253 --> 02:06:53.530
and Ms. Isaacs, they
weren't on the board
02:06:53.530 --> 02:06:55.710
when we initially heard this issue.
02:06:55.710 --> 02:06:57.500
And if I remember
correctly and correct me
02:06:57.500 --> 02:06:59.214
if I'm wrong is go play.
02:06:59.214 --> 02:07:03.370
This matter of was fully discussed
02:07:03.370 --> 02:07:08.140
and each side had a full
opportunity to make their case.
02:07:08.140 --> 02:07:10.530
And if I'm not mistaken,
02:07:10.530 --> 02:07:13.470
the board deliberated
at length on this case
02:07:13.470 --> 02:07:15.400
before we made our determination
02:07:15.400 --> 02:07:18.940
that a good cause did
not exist is my recollection
02:07:18.940 --> 02:07:20.014
correct?
02:07:20.014 --> 02:07:21.294
Let me just go back.
02:07:21.294 --> 02:07:22.127
That is correct.
02:07:22.127 --> 02:07:23.570
There was extensive discussion
02:07:23.570 --> 02:07:28.180
and both parties had full
opportunity to present an argue.
02:07:28.180 --> 02:07:30.979
So I just wanted to make
sure that Ms. Isaacs and Dr.
02:07:30.979 --> 02:07:34.415
Bresha were aware that.
02:07:34.415 --> 02:07:36.660
My 2 cents on this Is I seen this
02:07:36.660 --> 02:07:39.437
as an attempt to take a
second bite at the apple.
02:07:39.437 --> 02:07:42.595
We made our determination, you know,
02:07:42.595 --> 02:07:46.554
notwithstanding Ms. Smith's argument.
02:07:46.554 --> 02:07:49.480
But quite frankly, the
way I see it is good
02:07:49.480 --> 02:07:51.840
cause is what this
board says good cause is.
02:07:51.840 --> 02:07:53.330
And we made a determination
02:07:53.330 --> 02:07:55.570
that there was not
good cause in that case.
02:07:55.570 --> 02:07:56.940
Thank you, Dr. Cavazos.
02:07:56.940 --> 02:07:59.900
Thank you, Mr. Coleman,
any other questions?
02:07:59.900 --> 02:08:00.733
Comments?
02:08:01.618 --> 02:08:04.650
Seeing I'm Cameron
02:08:04.650 --> 02:08:07.660
you wanna put the motions on the screen?
02:08:07.660 --> 02:08:08.493
Sure.
02:08:10.750 --> 02:08:13.910
Same rules you can pick either.
02:08:13.910 --> 02:08:16.883
Or you may, as Laura
said, you may pick none.
02:08:19.740 --> 02:08:21.076
Okay.
02:08:21.076 --> 02:08:23.973
So we can either choose to grant,
02:08:23.973 --> 02:08:27.854
choose to deny or not take
any action board members.
02:08:27.854 --> 02:08:30.254
Is that correct Laura?
02:08:30.254 --> 02:08:31.087
That is correct.
02:08:31.087 --> 02:08:32.373
Okay.
02:08:32.373 --> 02:08:33.529
If no one makes a motion,
02:08:33.529 --> 02:08:34.800
it would be taking no action.
02:08:34.800 --> 02:08:36.120
Alright.
02:08:36.120 --> 02:08:38.470
Board members, anybody
want to make the motion?
02:08:40.600 --> 02:08:41.493
Mr. Coleman?
02:08:44.560 --> 02:08:45.680
I move that the board
02:08:45.680 --> 02:08:48.659
deny Mr. Banas' motion for rehearing.
02:08:48.659 --> 02:08:50.323
Alright.
02:08:51.256 --> 02:08:53.538
There's a motion to deny the request
02:08:53.538 --> 02:08:55.825
for rehearing the motion for rehearing.
02:08:55.825 --> 02:08:57.408
Can I see a second?
02:09:04.800 --> 02:09:06.094
Alright.
02:09:06.094 --> 02:09:06.927
There is no second.
02:09:06.927 --> 02:09:10.918
So the motion dies that correct?
02:09:10.918 --> 02:09:11.751
Laura.
02:09:12.775 --> 02:09:13.608
Sara.
02:09:15.489 --> 02:09:16.578
Okay.
02:09:16.578 --> 02:09:18.023
Anyone want to make another motion?
02:09:20.400 --> 02:09:21.814
Alright.
02:09:21.814 --> 02:09:22.647
There is no motion.
02:09:22.647 --> 02:09:23.977
Let's move onto the next step.
02:09:25.045 --> 02:09:26.377
Okay.
02:09:26.377 --> 02:09:27.570
Alright.
02:09:27.570 --> 02:09:30.210
So that would be the end
of our contested cases.
02:09:30.210 --> 02:09:31.480
I just wanted to update y'all
02:09:31.480 --> 02:09:34.210
on the court cases that
we always have listed
02:09:34.210 --> 02:09:35.790
all the folks that are
appealing their cases
02:09:35.790 --> 02:09:38.270
up through the various Texas courts.
02:09:38.270 --> 02:09:40.960
We had a victory in the Salas case
02:09:40.960 --> 02:09:45.320
the Travis County district
court affirmed SBEC's decision
02:09:45.320 --> 02:09:46.263
in that case.
02:09:48.157 --> 02:09:50.410
So here I'll think they
still have time to appeal.
02:09:50.410 --> 02:09:52.610
So it's not final, but you
may remember this case.
02:09:52.610 --> 02:09:54.873
Mr. Salas had a long criminal record.
02:09:54.873 --> 02:09:56.270
He had a prior aspect sanction as part
02:09:56.270 --> 02:09:59.680
of that criminal record, we
changed the LGS recommendation
02:09:59.680 --> 02:10:01.230
from two years to revocation.
02:10:01.230 --> 02:10:03.435
We didn't change any other findings
02:10:03.435 --> 02:10:04.270
of fact or conclusions of law.
02:10:04.270 --> 02:10:05.800
So that got affirmed on appeal
02:10:05.800 --> 02:10:07.370
by the Travis County district court.
02:10:07.370 --> 02:10:08.770
They could appeal it to the third court
02:10:08.770 --> 02:10:10.200
but they have not yet.
02:10:10.200 --> 02:10:12.113
They still have a little bit more time.
02:10:13.870 --> 02:10:16.250
But with that, if there's
no other questions
02:10:16.250 --> 02:10:18.273
then cases are complete.
02:10:18.273 --> 02:10:19.280
Alright.
02:10:19.280 --> 02:10:20.856
Thank you, Laura.
02:10:20.856 --> 02:10:22.213
And thank you to the staff.
02:10:22.213 --> 02:10:23.335
Great job.
02:10:23.335 --> 02:10:24.168
Next item .
02:10:26.360 --> 02:10:31.093
Items 12: Chapter 229
Discussion and we have Mark.
02:10:33.256 --> 02:10:34.089
Good morning board.
02:10:34.089 --> 02:10:35.030
Thank you, Dr. Cavazos.
02:10:35.030 --> 02:10:37.190
So I'm here with a
discussion item related
02:10:37.190 --> 02:10:39.853
to Chapter 229.
02:10:39.853 --> 02:10:42.960
This item begins on
page one 56 of your PDF.
02:10:42.960 --> 02:10:44.560
If you're following along there.
02:10:44.560 --> 02:10:46.030
And it provides an opportunity for us
02:10:46.030 --> 02:10:48.400
to discuss updates related to 229,
02:10:48.400 --> 02:10:50.230
which is the accountability system
02:10:50.230 --> 02:10:52.282
for educator preparation programs.
02:10:52.282 --> 02:10:55.760
So on the next slide,
we have a few definitions.
02:10:55.760 --> 02:10:56.900
Keep in mind you know,
02:10:56.900 --> 02:10:58.910
we only bring up 229
every once in a while.
02:10:58.910 --> 02:11:01.307
And I know we do have
some folks who are joining us
02:11:01.307 --> 02:11:03.730
for the first time, so
wanted to make sure
02:11:03.730 --> 02:11:06.370
that we provided some
good background here.
02:11:06.370 --> 02:11:09.440
So as a reminder, Chapter
229 contains the performance
02:11:09.440 --> 02:11:12.580
standards and procedures for
educator preparation program
02:11:12.580 --> 02:11:14.454
or EPP accountability.
02:11:14.454 --> 02:11:17.620
That includes the accountability
system for educator
02:11:17.620 --> 02:11:20.874
preparation programs,
or we'll call it ASEP.
02:11:20.874 --> 02:11:23.270
And that system of
indicators and standards
02:11:23.270 --> 02:11:26.221
for EPP accountability,
they inform the EPP actually
02:11:26.221 --> 02:11:27.940
installed that slide.
02:11:27.940 --> 02:11:28.773
Sorry--
02:11:31.196 --> 02:11:36.196
It was just, Jessica was
finished with no, I'm kidding.
02:11:38.156 --> 02:11:40.640
I'm kidding.
02:11:40.640 --> 02:11:42.241
Go ahead and Mark.
02:11:42.241 --> 02:11:43.719
She's not even on the screen.
02:11:43.719 --> 02:11:46.300
That's okay.
02:11:46.300 --> 02:11:48.180
They generally tell me that much slower
02:11:48.180 --> 02:11:50.210
and I guess I'm supposed
to talk faster on this one.
02:11:50.210 --> 02:11:51.518
I don't know.
02:11:51.518 --> 02:11:52.351
No, we got it.
02:11:52.351 --> 02:11:53.820
So anyhow
02:11:53.820 --> 02:11:56.860
the accreditation status
that the indicators tell us
02:11:56.860 --> 02:11:58.390
about the accreditation status.
02:11:58.390 --> 02:12:00.670
The accreditation
status is the annual rating
02:12:00.670 --> 02:12:02.960
for EPPs based on ASEP.
02:12:02.960 --> 02:12:05.730
And then Chapter 229 is the code Chapter
02:12:05.730 --> 02:12:07.180
that contains all the rules.
02:12:07.180 --> 02:12:12.130
Also a useful one for us
today is a certificate category.
02:12:12.130 --> 02:12:15.130
So a distinct certificate category
02:12:15.130 --> 02:12:18.090
is a distinct certificate
that's offered by an EPP
02:12:18.090 --> 02:12:20.403
such as like a, the core subjects
02:12:20.403 --> 02:12:23.767
EC-6 certificate, or the
chemistry 7-12 certificate
02:12:23.767 --> 02:12:25.023
and that sort of thing.
02:12:26.230 --> 02:12:27.987
So some useful definitions here.
02:12:27.987 --> 02:12:31.060
On the next slide are
the ASEP indicators.
02:12:31.060 --> 02:12:33.440
So these are your ACEP indicators
02:12:33.440 --> 02:12:36.650
and they're written out
and contained in Chapter 29.
02:12:36.650 --> 02:12:38.910
And all the related
calculations are contained
02:12:38.910 --> 02:12:41.280
in the ASEP manual, which is included
02:12:41.280 --> 02:12:43.614
as a figure in the Chapter.
02:12:43.614 --> 02:12:46.640
We use these indicators
and the procedures in
02:12:46.640 --> 02:12:51.305
the manual to complete the
annual ASEP cycle of activities.
02:12:51.305 --> 02:12:54.585
The next slide is that
annual cycle of activities.
02:12:54.585 --> 02:12:57.183
So for the academic year,
02:12:58.184 --> 02:12:59.300
there are data
generating activities, right?
02:12:59.300 --> 02:13:01.100
Candidates are taking exams,
02:13:01.100 --> 02:13:03.370
teachers and principals
are completing surveys.
02:13:03.370 --> 02:13:05.770
EPPs are conducting observations.
02:13:05.770 --> 02:13:07.700
All these things are happening.
02:13:07.700 --> 02:13:09.660
UPPs finished reporting their data
02:13:09.660 --> 02:13:14.440
and confirm the accuracy of
that data after October 31st.
02:13:14.440 --> 02:13:16.990
They actually haven't till September 15
02:13:16.990 --> 02:13:18.610
to finish finalizing all their data
02:13:18.610 --> 02:13:20.330
for the prior academic year.
02:13:20.330 --> 02:13:23.470
At that point, TEA performs the analysis
02:13:23.470 --> 02:13:25.120
that are contained in the manual,
02:13:25.120 --> 02:13:27.275
and we inform preparation programs
02:13:27.275 --> 02:13:30.182
of the ASEP status that we
will recommend the board.
02:13:30.182 --> 02:13:32.761
We then recommend
those statuses to the board
02:13:32.761 --> 02:13:35.830
and at the following February meeting
02:13:35.830 --> 02:13:39.604
which is actually what
we did at our last meeting.
02:13:39.604 --> 02:13:43.270
These statuses provide
important information
02:13:43.270 --> 02:13:45.090
to preparation programs into,
02:13:45.090 --> 02:13:47.713
to the field and certainly to the board.
02:13:48.980 --> 02:13:51.010
Our next slide, we
do just have a briefly
02:13:51.010 --> 02:13:53.990
how does this ASEP
status impact programs?
02:13:53.990 --> 02:13:54.870
Right?
02:13:54.870 --> 02:13:57.160
So the status is, which are, you know,
02:13:57.160 --> 02:14:00.236
accredited warrant,
accredited probation, not rated
02:14:00.236 --> 02:14:02.810
and not ready to
declare a state of disaster
02:14:02.810 --> 02:14:04.330
which is what we have this year.
02:14:04.330 --> 02:14:05.640
They provide useful sort
02:14:05.640 --> 02:14:09.420
of alert lights to
EPPs and to the board.
02:14:09.420 --> 02:14:12.320
Functionally prpper EPP statuses
02:14:12.320 --> 02:14:14.360
are used in both Chapter 228
02:14:14.360 --> 02:14:17.920
and two 29 and interact
with some other pieces.
02:14:17.920 --> 02:14:19.790
So currently preparation programs
02:14:19.790 --> 02:14:21.380
with a status other than accredited
02:14:21.380 --> 02:14:23.580
are not allowed to
formally change their name.
02:14:23.580 --> 02:14:25.630
They can not add certificate categories
02:14:25.630 --> 02:14:28.140
or classes and any program amendments
02:14:28.140 --> 02:14:30.690
that they might make get to be reviewed.
02:14:30.690 --> 02:14:33.610
Additionally, they're not
eligible for commendations.
02:14:33.610 --> 02:14:37.680
This status, this ASEP status
is also used as a risk factor
02:14:37.680 --> 02:14:40.690
in the model that differentiates
on the five-year reviews.
02:14:40.690 --> 02:14:44.510
And if an EPP has a status
of probation for three years
02:14:44.510 --> 02:14:47.580
in a row, they're
recommended for revocation.
02:14:47.580 --> 02:14:50.670
The idea here is that the
system serves as a useful
02:14:50.670 --> 02:14:53.699
you know, ground or
floor level for performance
02:14:53.699 --> 02:14:57.280
that if EPP is fall below,
it, it should raise an alarm
02:14:57.280 --> 02:14:59.740
identifying some necessary
points for improvement
02:14:59.740 --> 02:15:02.890
while providing a timeline
for that improvement.
02:15:02.890 --> 02:15:06.140
So this is my last introductory slide
02:15:06.140 --> 02:15:07.810
where back at the October meeting,
02:15:07.810 --> 02:15:11.110
just a reminding about some
recent actions related here,
02:15:11.110 --> 02:15:13.110
back to the October
meeting the board approved
02:15:13.110 --> 02:15:15.880
that all preparation
programs will get a rated.
02:15:15.880 --> 02:15:19.840
Will get a rating of not rated
declared state of disaster.
02:15:19.840 --> 02:15:23.420
The data generated during
1920 is reported reported
02:15:23.420 --> 02:15:24.560
to preparation programs
02:15:24.560 --> 02:15:26.790
but not used for
accountability purposes.
02:15:26.790 --> 02:15:28.840
And then at the February
meeting the board approved
02:15:28.840 --> 02:15:31.830
if those statuses have not
rated declared state disaster
02:15:31.830 --> 02:15:33.600
for our preparation programs.
02:15:33.600 --> 02:15:35.730
We also preview the
conversation about ASEP
02:15:35.730 --> 02:15:38.180
on the 2020/2021 year.
02:15:38.180 --> 02:15:41.790
And that's the content of
today's posted discussion.
02:15:41.790 --> 02:15:45.023
So on the next slide,
there's two big pieces here.
02:15:46.059 --> 02:15:48.610
The first are adjustments
in rural language
02:15:48.610 --> 02:15:50.460
to provide for another year
02:15:50.460 --> 02:15:53.830
of that status related to
the emergency declaration.
02:15:53.830 --> 02:15:55.310
And then the second category
02:15:55.310 --> 02:15:58.870
are the related updates
to the ASEP manual.
02:15:58.870 --> 02:16:02.510
So a little bit of background
about the first piece.
02:16:02.510 --> 02:16:05.260
As we previewed at our last meeting.
02:16:05.260 --> 02:16:07.250
Staff has continued
to hear from the board
02:16:07.250 --> 02:16:10.200
and from stakeholders
throughout this reporting year.
02:16:10.200 --> 02:16:12.470
There's been continued
effects on our public health
02:16:12.470 --> 02:16:14.710
crisis that have impacted
multiple components
02:16:14.710 --> 02:16:18.110
of the data generating
activities related to ASEP.
02:16:18.110 --> 02:16:20.970
Specifically, we've heard
about continued challenges
02:16:20.970 --> 02:16:23.220
with access to campuses, for candidates
02:16:23.220 --> 02:16:26.348
and for field supervisors who
conduct those observations.
02:16:26.348 --> 02:16:28.400
We've heard that in some cases,
02:16:28.400 --> 02:16:30.400
teacher evaluations have been waived
02:16:30.400 --> 02:16:32.550
at the campus or district level
02:16:32.550 --> 02:16:34.450
which changes a
little bit the interaction
02:16:34.450 --> 02:16:37.650
between the the
candidates and the principals.
02:16:37.650 --> 02:16:39.640
We've also heard that candidates
02:16:39.640 --> 02:16:40.530
with waiver probationary certificates
02:16:40.530 --> 02:16:41.930
while we know the candidates
02:16:42.874 --> 02:16:44.918
with waiver probationary
certificates are excluded
02:16:44.918 --> 02:16:46.398
from our test pass rate data.
02:16:46.398 --> 02:16:48.095
And that limits the total number
02:16:48.095 --> 02:16:50.520
of folks who would be
included in our calculations.
02:16:50.520 --> 02:16:52.621
We've also heard from
preparation programs
02:16:52.621 --> 02:16:55.710
a continued desire for
access to these data
02:16:55.710 --> 02:16:57.270
to inform their programming,
02:16:57.270 --> 02:16:59.780
to the extent that it does exist.
02:16:59.780 --> 02:17:02.770
We have had a question
about commendation eligibility
02:17:02.770 --> 02:17:04.890
and we've had some questions
02:17:04.890 --> 02:17:07.090
from the field related
to the ongoing use
02:17:07.090 --> 02:17:10.876
of prior statuses for other
provisions in Chapter 228.
02:17:10.876 --> 02:17:14.430
So related to those
last couple of pieces
02:17:14.430 --> 02:17:18.020
I would note this has just
been from a few programs
02:17:18.020 --> 02:17:20.259
and specifically on the last piece.
02:17:20.259 --> 02:17:22.590
Well, this item during this item,
02:17:22.590 --> 02:17:25.040
we're not discussing Chapter 228
02:17:25.040 --> 02:17:27.910
right now we do plan to
incorporate the discussion
02:17:27.910 --> 02:17:31.540
about these pieces in a
discussion item about 228
02:17:31.540 --> 02:17:32.890
so that the board can consider
02:17:32.890 --> 02:17:35.370
and implement those desired updates
02:17:35.370 --> 02:17:38.080
in the rule Chapter where they exist.
02:17:38.080 --> 02:17:41.980
So the just briefly talking through that
02:17:41.980 --> 02:17:43.560
the pieces that were
02:17:43.560 --> 02:17:46.150
in the discussion item in the rule text.
02:17:46.150 --> 02:17:51.150
So the first is an update to 229.4(b)(C)
02:17:51.620 --> 02:17:54.140
that's on page 13 of the item.
02:17:54.140 --> 02:17:56.764
I think it might be PDF page 168.
02:17:56.764 --> 02:18:00.030
What this does is
this extends the status
02:18:00.030 --> 02:18:04.270
of not rated declared state
of disaster for the next year.
02:18:04.270 --> 02:18:07.250
As noted previously
our preparation programs
02:18:07.250 --> 02:18:10.530
I've raised question as to, so this kind
02:18:10.530 --> 02:18:13.770
of aligns with the discussion
in what we've heard
02:18:13.770 --> 02:18:15.920
from the board from stakeholders.
02:18:15.920 --> 02:18:18.680
As noted previously UPP stakeholders
02:18:18.680 --> 02:18:20.272
have raised the question
02:18:20.272 --> 02:18:22.050
as to whether or not the
provisions in Chapter 228
02:18:22.050 --> 02:18:25.295
should continue to employ
the status from 1819.
02:18:25.295 --> 02:18:28.500
And again, these are
potential changes for 228
02:18:28.500 --> 02:18:32.743
which we can discuss at the
next meeting where we have that.
02:18:32.743 --> 02:18:35.930
That'll allow the board
again to discuss more deeply
02:18:35.930 --> 02:18:39.090
that existing rule language
related to those provisions.
02:18:39.090 --> 02:18:42.630
I would also know there
was a written comment
02:18:42.630 --> 02:18:45.570
from an individual at an
educator preparation program
02:18:45.570 --> 02:18:48.440
that came in for y'all's
consideration on the site.
02:18:48.440 --> 02:18:52.400
And it was related to resetting
the accountability system.
02:18:52.400 --> 02:18:56.069
So staff suggest
following the current path
02:18:56.069 --> 02:18:57.661
that the board has set
02:18:57.661 --> 02:18:59.640
out where these not rated declared state
02:18:59.640 --> 02:19:02.210
of disaster years do not count as a year
02:19:02.210 --> 02:19:05.280
and do not interrupt any count of years.
02:19:05.280 --> 02:19:08.610
As we're thinking about
council years for statuses.
02:19:08.610 --> 02:19:09.730
We think there's utility
02:19:09.730 --> 02:19:11.010
in the accountability system
02:19:11.010 --> 02:19:14.660
that was in place prior to
the disruption from COVID.
02:19:14.660 --> 02:19:18.010
And I would also note that this approach
02:19:18.010 --> 02:19:21.330
of sort of like allowing
for these years not to count
02:19:21.330 --> 02:19:23.300
but then picking up where we left off
02:19:23.300 --> 02:19:25.410
that does align with the K12 approach
02:19:25.410 --> 02:19:28.423
to the continuity got the
accountability system.
02:19:29.640 --> 02:19:31.730
The second update is a, would be to...
02:19:31.730 --> 02:19:33.290
Sorry it's still sitting there, sorry.
02:19:33.290 --> 02:19:36.820
The second rule update is on 229.4(a)
02:19:36.820 --> 02:19:38.940
which is on page 12 of the item.
02:19:38.940 --> 02:19:41.188
This allows for continuation
of that data being reported
02:19:41.188 --> 02:19:44.449
back to preparation programs
02:19:44.449 --> 02:19:47.913
for that they like that data
being reported back to them.
02:19:47.913 --> 02:19:51.395
So that would extend that piece as well.
02:19:51.395 --> 02:19:53.410
And then finally,
02:19:53.410 --> 02:19:55.340
following the pattern
that we took last year,
02:19:55.340 --> 02:19:58.090
we further extended the
rollout of the implementation
02:19:58.090 --> 02:20:02.010
of the ASEP index that'll
provide for an overlap year
02:20:02.010 --> 02:20:05.040
once accountability system
is again consequential.
02:20:05.040 --> 02:20:07.130
It's on pages, 13 and 14 of the item
02:20:07.130 --> 02:20:10.200
that follows the board's
approach with the
02:20:10.200 --> 02:20:12.300
from last year with putting
02:20:12.300 --> 02:20:15.082
into place the not rated declared state
02:20:15.082 --> 02:20:17.170
of disaster and pausing on
the implementation of the index.
02:20:17.170 --> 02:20:19.620
So again, just following
what's been done before.
02:20:21.199 --> 02:20:24.917
We have not at this time, I'll just note
02:20:24.917 --> 02:20:26.970
since it did come from stakeholders,
02:20:26.970 --> 02:20:29.700
we have not at this time
drafted and update to carve
02:20:29.700 --> 02:20:32.490
out a new eligibility for commendations,
02:20:32.490 --> 02:20:33.830
for preparation programs
02:20:33.830 --> 02:20:37.270
that have an operate operative
status other than accredited.
02:20:37.270 --> 02:20:40.000
The board has communicated
to staff on a number of occasions
02:20:40.000 --> 02:20:42.057
that commendations are really
02:20:42.057 --> 02:20:44.379
to highlight those
brightest shining stars.
02:20:44.379 --> 02:20:47.160
And even recently directed
staff to update language
02:20:47.160 --> 02:20:49.755
to ensure only programs
with a status of accredited
02:20:49.755 --> 02:20:53.260
and not under any aspect
sanctioned were eligible.
02:20:53.260 --> 02:20:55.410
So following that
direction from the board,
02:20:55.410 --> 02:20:58.913
we've not drafted an update
to commendation eligibility.
02:21:00.118 --> 02:21:03.220
So these are the
updates that extend the not
02:21:03.220 --> 02:21:07.033
rated declared disaster for 2020/2021.
02:21:08.480 --> 02:21:12.520
Second category dates are
updates to the ASEP manual.
02:21:12.520 --> 02:21:15.830
So these include further updates
02:21:15.830 --> 02:21:17.380
to align our procedures with
02:21:17.380 --> 02:21:19.360
what's in rule and rule language
02:21:19.360 --> 02:21:23.400
in updating to add
additional transparency
02:21:23.400 --> 02:21:25.220
to the calculations.
02:21:25.220 --> 02:21:27.350
The second one is to update our examples
02:21:27.350 --> 02:21:28.370
and dates throughout.
02:21:28.370 --> 02:21:31.040
So every time we go through this,
02:21:31.040 --> 02:21:34.030
I work on removing more dates
02:21:34.030 --> 02:21:36.550
so that we may necessarily do not,
02:21:36.550 --> 02:21:39.130
hopefully in the future won't
have to continue to return
02:21:39.130 --> 02:21:41.650
and make updates to dates.
02:21:41.650 --> 02:21:45.110
Third, we're adding additional
clarity on the calculations
02:21:45.110 --> 02:21:48.210
for certificate category pass rates.
02:21:48.210 --> 02:21:50.730
This actually came up in a
discussion with our stakeholders
02:21:50.730 --> 02:21:53.380
and it's an issue with
certificate categories
02:21:53.380 --> 02:21:56.220
with multiple non PPR exams.
02:21:56.220 --> 02:21:58.000
In the past that's been very limited
02:21:58.000 --> 02:22:03.000
but it's surfaced further
from the new STR exam.
02:22:03.070 --> 02:22:04.070
So on our next slide,
02:22:04.070 --> 02:22:05.770
just a little bit more about this.
02:22:06.677 --> 02:22:09.330
We did some initial work on this issue.
02:22:09.330 --> 02:22:11.350
We did draft some
language into the manual
02:22:11.350 --> 02:22:13.750
but I feel like we've gotten
some really good feedback
02:22:13.750 --> 02:22:15.710
since that initial run and we'll plan
02:22:15.710 --> 02:22:18.070
on continuing our work in this space.
02:22:18.070 --> 02:22:20.300
We do just wanna note a few points
02:22:20.300 --> 02:22:22.610
that are kind of directing our thinking
02:22:22.610 --> 02:22:25.870
per feedback that have come
from our discussion so far.
02:22:25.870 --> 02:22:26.703
So keeping in mind
02:22:26.703 --> 02:22:29.215
that these are the
certificate categories
02:22:29.215 --> 02:22:31.030
that are by and large related
02:22:31.030 --> 02:22:32.220
to the science and
teaching reading exam.
02:22:32.220 --> 02:22:34.697
We want to ensure that the importance
02:22:34.697 --> 02:22:35.916
of reading instruction
02:22:35.916 --> 02:22:37.350
that this board has
put into place into rule
02:22:37.350 --> 02:22:39.020
with those new certificates
02:22:39.020 --> 02:22:42.130
that have science teaching,
reading, that it's not managed.
02:22:42.130 --> 02:22:45.540
Second, we wanna ensure that
EPP standards have alignment
02:22:45.540 --> 02:22:48.330
or relation to those certain
certification requirements
02:22:48.330 --> 02:22:51.140
for candidates that
this concept is related
02:22:51.140 --> 02:22:53.600
to why there's an EPP
performance manager
02:22:53.600 --> 02:22:56.567
for certificate certification
exams in the first place.
02:22:56.567 --> 02:22:58.580
The candidates have to pass exams.
02:22:58.580 --> 02:23:01.130
So preparation programs
have a standard related
02:23:01.130 --> 02:23:03.620
to candidates passing those exams.
02:23:03.620 --> 02:23:06.220
Finally, we wanna ensure that
the performance of candidates
02:23:06.220 --> 02:23:08.370
in a certificate category is used
02:23:08.370 --> 02:23:11.618
for the EPP results within
that certificate category
02:23:11.618 --> 02:23:13.990
to make sure that it's aligned.
02:23:13.990 --> 02:23:16.730
So we've gotten good feedback
02:23:16.730 --> 02:23:18.590
and I feel like we're in a good place
02:23:18.590 --> 02:23:20.860
to have a good guiding lights on this.
02:23:20.860 --> 02:23:24.679
So we do expect we've got
next steps related to this issue.
02:23:24.679 --> 02:23:27.970
We'll continue to gather
our stakeholder input
02:23:27.970 --> 02:23:30.380
particularly we've got
a chance with the iPack
02:23:30.380 --> 02:23:31.680
to talk through this piece
02:23:33.537 --> 02:23:36.257
and then we'll plan on returning
with updated manual texts
02:23:36.257 --> 02:23:37.490
at the July meeting, again,
02:23:37.490 --> 02:23:39.610
to provide clarity to the field about
02:23:39.610 --> 02:23:41.430
how these calculations are happening
02:23:41.430 --> 02:23:44.061
particularly with our
certification categories
02:23:44.061 --> 02:23:46.863
and now have the STR examine them.
02:23:48.150 --> 02:23:51.850
My final piece of updates
that we'll be bringing
02:23:51.850 --> 02:23:54.280
in there in the ASEP manual are related
02:23:54.280 --> 02:23:57.540
to the area of innovation
for commendations.
02:23:57.540 --> 02:23:59.970
So this was discussed
at I'm just gonna go ahead
02:23:59.970 --> 02:24:02.539
and call it a great meeting yesterday.
02:24:02.539 --> 02:24:05.183
I got to meet with the
committee of the board
02:24:05.183 --> 02:24:07.080
that does this work.
02:24:07.080 --> 02:24:08.910
The commendation committee.
02:24:08.910 --> 02:24:11.210
We have really good direction
02:24:11.210 --> 02:24:13.560
from the committee on this topic area,
02:24:13.560 --> 02:24:16.440
specifically on the next slide,
02:24:16.440 --> 02:24:19.216
we got two pieces of direction.
02:24:19.216 --> 02:24:22.810
They took two actions.
02:24:22.810 --> 02:24:25.758
The first was to recommend
a one-year timeline
02:24:25.758 --> 02:24:27.730
for the commendation work.
02:24:27.730 --> 02:24:31.530
This was important for us
to get clarity on previously
02:24:31.530 --> 02:24:33.840
this commendation sort of
the first time that we did it.
02:24:33.840 --> 02:24:37.663
It took us a couple of years
to actually go from getting.
02:24:41.662 --> 02:24:44.560
Well we think we can do
it on a one-year timeline.
02:24:44.560 --> 02:24:46.560
So we'll move forward that way.
02:24:46.560 --> 02:24:49.840
The second was to
approve a recommendation
02:24:49.840 --> 02:24:53.432
of the innovative education area.
02:24:53.432 --> 02:24:56.430
This is what you see here on the right
02:24:56.430 --> 02:24:59.400
and this was approved by the committee.
02:24:59.400 --> 02:25:02.016
So this is the area for innovation
02:25:02.016 --> 02:25:05.560
that is in thinking about
preparation programs here.
02:25:05.560 --> 02:25:08.500
Preparation programs that
are forming partnerships
02:25:08.500 --> 02:25:11.280
with LEAs to support
district specific needs
02:25:11.280 --> 02:25:12.760
in more and more of the fall
02:25:12.760 --> 02:25:14.660
of the following areas.
02:25:14.660 --> 02:25:16.520
Supporting districts and mentor teachers
02:25:16.520 --> 02:25:18.530
for a pandemic, accelerating,
02:25:18.530 --> 02:25:21.480
learning and response to
COVID related learning loss.
02:25:21.480 --> 02:25:23.380
Addressing staffing challenges
02:25:23.380 --> 02:25:25.690
and implementing best
practices that emerged
02:25:25.690 --> 02:25:30.496
from EPP or district responses
to the COVID pandemic.
02:25:30.496 --> 02:25:34.320
So again, great meeting yesterday,
02:25:34.320 --> 02:25:37.040
we approved this for inclusion.
02:25:37.040 --> 02:25:39.030
And so staff next steps
02:25:39.030 --> 02:25:42.410
on this thing is to draft
a descriptive paragraph
02:25:42.410 --> 02:25:46.360
for the manual and to return
with updated manual texts.
02:25:46.360 --> 02:25:47.860
So I recognize I talked
02:25:47.860 --> 02:25:49.100
through a number of pieces there,
02:25:49.100 --> 02:25:51.210
but basically the headline is there are
02:25:51.210 --> 02:25:53.030
two categories of changes.
02:25:53.030 --> 02:25:56.020
One is extending the not
rented declared state of disaster
02:25:56.020 --> 02:25:56.880
sort of aligned
02:25:58.360 --> 02:26:00.730
with our current continuing
status of what's going on.
02:26:00.730 --> 02:26:02.330
And the second is those updates
02:26:02.330 --> 02:26:04.220
to the manual that support that
02:26:04.220 --> 02:26:06.590
and provide additional
clarity that field
02:26:06.590 --> 02:26:09.543
and introduce this new
commendation area.
02:26:11.560 --> 02:26:12.990
Thank you, Mark.
02:26:12.990 --> 02:26:14.927
Any public testimony Cameron?
02:26:14.927 --> 02:26:16.590
No, sir.
02:26:16.590 --> 02:26:17.423
Okay.
02:26:17.423 --> 02:26:18.740
Any questions from board members?
02:26:21.140 --> 02:26:22.620
Dr. Rodriguez
02:26:26.010 --> 02:26:27.393
Thank you.
02:26:27.393 --> 02:26:28.290
Chairman Cavazos.
02:26:28.290 --> 02:26:31.600
Dr. Olufsen, I would like
to thank you and your staff
02:26:31.600 --> 02:26:34.870
or recognizing the continued
challenges that EPPs
02:26:34.870 --> 02:26:37.530
have been facing during
this continued state
02:26:37.530 --> 02:26:41.420
of disaster and bringing
forth the opportunity
02:26:41.420 --> 02:26:45.960
to consider the an additional year of
02:26:45.960 --> 02:26:47.670
the not rated state of disaster.
02:26:47.670 --> 02:26:52.670
I think that staff is
showing responsiveness
02:26:53.570 --> 02:26:55.810
in listening to the field
02:26:55.810 --> 02:26:58.575
and recognizing the
continued challenges.
02:26:58.575 --> 02:26:59.408
So thank you for that.
02:27:00.311 --> 02:27:03.237
I also like to ask... I also thank you
02:27:05.040 --> 02:27:10.040
for recognizing the complexity
of the accountability system
02:27:13.201 --> 02:27:15.800
in regards to the
addition of the science
02:27:15.800 --> 02:27:19.589
of teaching reading
exam and how that impacts
02:27:19.589 --> 02:27:24.589
the new calculate
calculation of, you know
02:27:24.610 --> 02:27:29.357
how these particular
certification categories.
02:27:31.956 --> 02:27:34.809
Categories am I using the right term?
02:27:34.809 --> 02:27:38.313
Impacted not only by
one certification exam by
02:27:38.313 --> 02:27:43.313
but now two with the addition of STR.
02:27:45.624 --> 02:27:50.624
So my question is I
heard you make reference
02:27:53.470 --> 02:27:57.810
to receiving feedback
from the field and going back
02:27:57.810 --> 02:28:02.810
to (indistinct) with further
ideas and possible refinement
02:28:04.790 --> 02:28:09.790
to what is being presented
today in the ASEP manual.
02:28:10.230 --> 02:28:14.620
And so I'd like to know in what ways
02:28:14.620 --> 02:28:18.149
are you PPS going to be informed
02:28:18.149 --> 02:28:22.770
along the way of, of how you
02:28:22.770 --> 02:28:26.190
and your staff are thinking about
02:28:26.190 --> 02:28:28.960
combining these pass rates
02:28:28.960 --> 02:28:31.581
in two different certification exams?
02:28:31.581 --> 02:28:33.822
I'm sure you're recognized
02:28:33.822 --> 02:28:38.822
that this percents very
high stakes for EPPs
02:28:38.910 --> 02:28:42.990
and I think it is important for EPPs
02:28:42.990 --> 02:28:47.950
to be well-informed as
to how these pass rates
02:28:47.950 --> 02:28:52.061
will be combined in what
formulas will be used just
02:28:52.061 --> 02:28:57.061
for the purpose of of being
fully cognizant and aware
02:28:59.375 --> 02:29:04.375
of what will happen
to it that will ultimately
02:29:04.750 --> 02:29:09.750
impact pass rates on these
very important categories,
02:29:11.450 --> 02:29:16.450
because it impacts all of
the elementary teachers
02:29:17.700 --> 02:29:21.110
that we will be
recommending for certification.
02:29:21.110 --> 02:29:23.899
In addition to the
English language arts four
02:29:23.899 --> 02:29:25.113
to eight, of course, any challenge.
02:29:26.550 --> 02:29:28.997
So thank you so
much for that question.
02:29:28.997 --> 02:29:32.046
And for that sorta
continued guidance there
02:29:32.046 --> 02:29:34.180
as we noted this, does, you know,
02:29:34.180 --> 02:29:36.232
the introduction of the science
02:29:36.232 --> 02:29:37.938
of teaching reading exam does
02:29:37.938 --> 02:29:39.755
introduce some additional complexity,
02:29:39.755 --> 02:29:42.720
not as much to the sort of
the ASEP level indicator one a
02:29:42.720 --> 02:29:44.915
but particularly with
those calculations related
02:29:44.915 --> 02:29:47.910
to the individual certain
certificate category.
02:29:47.910 --> 02:29:49.875
So thank you for calling that out.
02:29:49.875 --> 02:29:52.230
I think we've got two sort
02:29:52.230 --> 02:29:53.774
of clear opportunities here
02:29:53.774 --> 02:29:56.390
to talk with educator
preparation programs
02:29:56.390 --> 02:29:58.080
as we continue to move forward,
02:29:58.080 --> 02:30:00.303
kind of a in the development of these.
02:30:01.730 --> 02:30:04.770
The first is utilizing our (indistinct)
02:30:04.770 --> 02:30:07.600
with that new structure
at the educator prep
02:30:07.600 --> 02:30:09.450
of the advisory committee.
02:30:09.450 --> 02:30:13.267
So if you all remember if the,
02:30:13.267 --> 02:30:15.170
a couple of meetings ago
02:30:15.170 --> 02:30:17.696
we approved new
membership to the (indistinct)
02:30:17.696 --> 02:30:20.010
that specifically has folks
02:30:20.010 --> 02:30:23.620
from membership organizations related
02:30:23.620 --> 02:30:26.075
to educator preparation
programs with the
02:30:26.075 --> 02:30:28.120
with the idea that they would be charged
02:30:29.756 --> 02:30:32.100
with communicating back
to the larger membership
02:30:33.894 --> 02:30:35.870
of their organizations to
potentially widened the number
02:30:37.073 --> 02:30:39.355
of educator preparation programs
02:30:39.355 --> 02:30:41.080
that are informed of you
know, proposed changes.
02:30:41.080 --> 02:30:43.360
And the thinking around this.
02:30:43.360 --> 02:30:45.220
Additionally, there are ed
prep programs that kind of
02:30:45.220 --> 02:30:47.220
have at-large seats on there as well
02:30:47.220 --> 02:30:49.870
that to provide additional
specific, targeted feedback.
02:30:49.870 --> 02:30:52.940
But we really do think that
that's a really good group.
02:30:52.940 --> 02:30:55.420
And I know we've got an
upcoming meeting in may I
02:30:55.420 --> 02:30:57.670
where we'll get to talk
through these changes
02:30:58.838 --> 02:31:00.760
receive updates and guidance on that.
02:31:00.760 --> 02:31:05.490
We, of course also have a
group of educator preparation sort
02:31:05.490 --> 02:31:09.730
of data folks that help us
to think through these issues
02:31:09.730 --> 02:31:12.919
and talk about them and
develop these ideas further.
02:31:12.919 --> 02:31:16.298
We talked to them on
one pass on this thing,
02:31:16.298 --> 02:31:18.022
and I think we'll go back with them
02:31:18.022 --> 02:31:19.397
and talk with them again.
02:31:19.397 --> 02:31:22.422
And now that we've got
additional developed thinking
02:31:22.422 --> 02:31:24.810
I think that, of course,
there's the, you know,
02:31:24.810 --> 02:31:26.550
the public notice that we use
02:31:26.550 --> 02:31:30.053
around the updates to the text of rules
02:31:30.053 --> 02:31:33.030
and all that sort of stuff
through the formal channels.
02:31:33.030 --> 02:31:35.437
But I think that those, you know
02:31:35.437 --> 02:31:37.596
we've got a good
chance here to make sure
02:31:37.596 --> 02:31:38.893
that we're talking with
preparation programs,
02:31:41.411 --> 02:31:43.135
as well as you know,
in that (indistinct)
02:31:43.135 --> 02:31:44.540
folks from districts folks,
from teacher teachers
02:31:44.540 --> 02:31:47.040
folks from with different
perspectives as well
02:31:47.040 --> 02:31:49.160
to help us think, you
know, about not only
02:31:49.160 --> 02:31:51.630
about sort of like the nuts
and bolts in these calculations
02:31:51.630 --> 02:31:54.380
but the larger piece
of like, conceptually
02:31:54.380 --> 02:31:55.839
where are we going with
02:31:55.839 --> 02:31:59.493
with this accountability
piece in particular?
02:32:01.950 --> 02:32:03.030
Okay.
02:32:03.030 --> 02:32:03.863
Dr. Jody please.
02:32:05.000 --> 02:32:06.754
Thank you, Dr. Cavazos.
02:32:06.754 --> 02:32:11.754
I have a follow-up
question about a common,
02:32:11.880 --> 02:32:14.880
I thought I heard you say,
but I want to make sure
02:32:14.880 --> 02:32:17.345
I understood that correctly.
02:32:17.345 --> 02:32:22.345
I thought I heard that you've
already made some edits
02:32:24.730 --> 02:32:27.660
to the ASEP manual,
but that those are not final.
02:32:27.660 --> 02:32:31.520
And that you're still
thinking about this process
02:32:31.520 --> 02:32:36.520
of the, you know, STR in
particular, is that correct?
02:32:38.210 --> 02:32:41.847
What we read here
is that still not final?
02:32:44.570 --> 02:32:48.120
That yet, so of course at
this discussion paid phase
02:32:48.120 --> 02:32:49.610
it is a draft text.
02:32:49.610 --> 02:32:51.970
And since the time that
we went to, you know
02:32:51.970 --> 02:32:53.750
print on this discussion item,
02:32:53.750 --> 02:32:55.730
and since now I think
we've gotten, you know,
02:32:55.730 --> 02:32:58.140
some additional and this is
related to some of those guiding
02:32:58.140 --> 02:33:00.630
light pieces that we've gotten
some additional feedback
02:33:00.630 --> 02:33:05.153
about ensuring that
you know, we're keeping,
02:33:06.267 --> 02:33:09.120
making sure that we're continuing
02:33:09.120 --> 02:33:10.975
to highlight the importance
02:33:10.975 --> 02:33:12.550
of the science of teaching reading exam.
02:33:12.550 --> 02:33:16.430
So I think that there
are definitely options
02:33:16.430 --> 02:33:19.648
that are captured in this
text that we will be presenting
02:33:19.648 --> 02:33:22.300
with those stakeholder
groups and discussing
02:33:22.300 --> 02:33:24.680
with those stakeholder
groups moving forward.
02:33:24.680 --> 02:33:26.140
This is an option
02:33:26.140 --> 02:33:28.343
but it's definitely not the only option.
02:33:29.240 --> 02:33:31.390
Thank you for
that clarification.
02:33:31.390 --> 02:33:34.536
Chairman Cavazos,
specific question, Dr.Olufsen
02:33:34.536 --> 02:33:37.700
All looks in on page
on page 30, item 12.
02:33:37.700 --> 02:33:40.780
There is language
02:33:40.780 --> 02:33:45.536
that I appreciate some clarification on
02:33:45.536 --> 02:33:50.536
regarding the update
on how data is reported
02:33:51.293 --> 02:33:55.020
to TEA from the test vendor
02:33:55.020 --> 02:34:00.020
and core subjects are no longer
necessitating an adjustment.
02:34:00.900 --> 02:34:03.770
Could you please elaborate further
02:34:03.770 --> 02:34:06.633
on whether that is particularly
on the 291 core subjects
02:34:10.510 --> 02:34:14.870
or will that impact 391
core subjects, please?
02:34:14.870 --> 02:34:18.779
Yeah, I'm happy to I'll
try not to go too far into our
02:34:18.779 --> 02:34:21.168
behind the scenes technical pieces.
02:34:21.168 --> 02:34:25.100
But previously data that was reported
02:34:25.100 --> 02:34:26.740
for the 291 core subjects
02:34:26.740 --> 02:34:30.280
and 211 core subjects, 408
02:34:30.280 --> 02:34:32.190
when it was reported back to us
02:34:32.190 --> 02:34:34.620
from our testing vendor it
was reported in such a way.
02:34:34.620 --> 02:34:37.100
And if you're familiar
with those tests, you know
02:34:37.100 --> 02:34:38.858
that there there's a number of subtests.
02:34:38.858 --> 02:34:41.064
I think there's five subtests on the 291
02:34:41.064 --> 02:34:42.413
and four sub tests on the 211.
02:34:43.288 --> 02:34:45.819
So when we received that data back,
02:34:45.819 --> 02:34:49.580
it was reported both at
the individual test level
02:34:49.580 --> 02:34:51.461
and then rolled up
02:34:51.461 --> 02:34:53.802
at the overall exam
level test number level.
02:34:53.802 --> 02:34:56.280
When individuals is, again previously
02:34:56.280 --> 02:34:59.263
when individuals were
completing one individual exam
02:34:59.263 --> 02:35:02.968
which they're allowed to do for the 291
02:35:02.968 --> 02:35:07.968
and 211 they can complete
just a component exam
02:35:08.050 --> 02:35:09.540
after they take that
02:35:09.540 --> 02:35:11.190
after they take their first swing
02:35:12.057 --> 02:35:13.290
at the comprehensive exam.
02:35:13.290 --> 02:35:15.769
Those results were
being reported back to us
02:35:15.769 --> 02:35:18.640
in such a way that the data made it look
02:35:18.640 --> 02:35:20.620
like that they were not passes.
02:35:20.620 --> 02:35:23.420
If the person had not
passed for the entire exam
02:35:23.420 --> 02:35:26.600
if the person had not pass
the individual component exam.
02:35:26.600 --> 02:35:31.600
Now, so what we did previously
is that we did a correction
02:35:31.620 --> 02:35:35.370
so that we would, our
calculations were set
02:35:35.370 --> 02:35:39.143
so that it was only upon that they had
02:35:39.143 --> 02:35:42.492
either failed an individual
component test the second time
02:35:42.492 --> 02:35:45.213
or failed the entire test a second time
02:35:45.213 --> 02:35:48.780
that it would count as
a second attempt fail
02:35:48.780 --> 02:35:51.400
rather than if they had, you know,
02:35:51.400 --> 02:35:55.080
failed or taken it the
first time failed two areas
02:35:55.080 --> 02:35:57.200
and took just one of those areas
02:35:57.200 --> 02:36:00.160
and passed without the
adjustment that looked like a fail.
02:36:00.160 --> 02:36:01.240
So we did an adjustment.
02:36:01.240 --> 02:36:02.890
We said, actually, you gotta, you
02:36:04.041 --> 02:36:05.040
you actually have to
have a second attempt fail
02:36:06.501 --> 02:36:09.319
before it counts to
the second attempt fail.
02:36:09.319 --> 02:36:11.106
The data processes,
02:36:11.106 --> 02:36:12.111
That way data is reported back to us.
02:36:12.111 --> 02:36:12.944
It's now been updated.
02:36:12.944 --> 02:36:16.220
So starting with the
data in January, 2020
02:36:16.220 --> 02:36:19.400
we actually don't need to
do that procedure anymore.
02:36:19.400 --> 02:36:21.890
However, we retain the language
02:36:21.890 --> 02:36:24.290
in the manual for the
core subjects adjustment
02:36:24.290 --> 02:36:26.660
because when we are
doing small group aggregation
02:36:26.660 --> 02:36:30.126
we may be looking at data
from prior years, you know,
02:36:30.126 --> 02:36:31.806
back into the 1819.
02:36:31.806 --> 02:36:34.680
And so we will still need to
02:36:34.680 --> 02:36:36.980
since the old data hasn't been updated
02:36:36.980 --> 02:36:40.070
we will still need to
perform this adjustment
02:36:40.070 --> 02:36:41.853
for the old data.
02:36:41.853 --> 02:36:44.720
And so we retain the
language in the manual
02:36:44.720 --> 02:36:46.808
that outlines how that adjustment works.
02:36:46.808 --> 02:36:48.450
Moving forward we're able
02:36:48.450 --> 02:36:50.270
to just use the data
assets reported back
02:36:50.270 --> 02:36:52.200
to us because it's been updated.
02:36:52.200 --> 02:36:54.571
Does that answer your question?
02:36:54.571 --> 02:36:55.570
Yes.
02:36:55.570 --> 02:36:56.574
Yes, it does.
02:36:56.574 --> 02:36:57.909
Thank you very much.
02:36:57.909 --> 02:37:02.700
And so is it then fair to
say that the pass rates
02:37:02.700 --> 02:37:07.497
that EPPs have access
to in the ASEP portal,
02:37:08.460 --> 02:37:10.150
is that ECOS?
02:37:10.150 --> 02:37:11.249
ECOS yeah.
02:37:11.249 --> 02:37:14.910
Would be more
accurately reflective
02:37:14.910 --> 02:37:18.003
of the ASEP Formula now?
02:37:20.332 --> 02:37:22.209
I apologize for interrupting.
02:37:22.209 --> 02:37:23.830
Yes.
02:37:23.830 --> 02:37:26.088
For the new pass rates that we're seeing
02:37:26.088 --> 02:37:28.990
those are more, should be more than
02:37:28.990 --> 02:37:31.590
that's a good thing for us to go back
02:37:31.590 --> 02:37:33.529
and double-check and
noise gate review our data.
02:37:33.529 --> 02:37:35.752
But since, because
one of the differences
02:37:35.752 --> 02:37:37.750
as you may be aware of previously
02:37:37.750 --> 02:37:38.880
the core subjects adjustment
02:37:38.880 --> 02:37:40.810
was not performed
within the ECOS, right?
02:37:40.810 --> 02:37:44.140
And so those pass rates
did not reflect the outcomes
02:37:45.003 --> 02:37:46.654
of the core subjects adjustment.
02:37:46.654 --> 02:37:49.740
Now, those data
should be more reflective
02:37:49.740 --> 02:37:52.250
of the ASEP pass rate.
02:37:52.250 --> 02:37:54.380
As we know, there's always, if any sort
02:37:54.380 --> 02:37:55.840
of like exceptions have
02:37:55.840 --> 02:37:57.560
to occur preparation programs
02:37:57.560 --> 02:37:59.580
complete re request for exemption
02:37:59.580 --> 02:38:01.270
and if necessary for
individual candidates
02:38:01.270 --> 02:38:04.193
and those are reviewed,
those individuals are not
02:38:04.193 --> 02:38:07.510
those are reflected in the
ASEP pass rate, of course
02:38:07.510 --> 02:38:09.369
that we published to
preparation programs and
02:38:09.369 --> 02:38:11.660
that we use for evaluation
to bring results to the board
02:38:11.660 --> 02:38:13.730
but given those sort
of individual nature
02:38:13.730 --> 02:38:15.650
and that they don't
live within the database
02:38:15.650 --> 02:38:17.351
those are not reflected within ECOS,
02:38:17.351 --> 02:38:21.269
but as far as overall the
ECOS pass rates now,
02:38:21.269 --> 02:38:23.068
given the update
02:38:23.068 --> 02:38:25.730
to the data should be closer
to the nascent pass rates
02:38:25.730 --> 02:38:29.636
for these 291 and 211 in particular.
02:38:29.636 --> 02:38:32.230
Thank you very much for that.
02:38:32.230 --> 02:38:33.063
(indistinct)
02:38:33.063 --> 02:38:33.896
Great.
02:38:33.896 --> 02:38:35.846
Any other questions from board members?
02:38:38.700 --> 02:38:40.520
Alright, next slide Cameron.
02:38:44.668 --> 02:38:45.501
Alright, Mark.
02:38:45.501 --> 02:38:47.930
Thank you for all your
work and thank you
02:38:47.930 --> 02:38:50.950
for heading up a lot of these
pieces that are moving parts.
02:38:50.950 --> 02:38:53.100
So appreciate it.
02:38:53.100 --> 02:38:55.640
Item 13, discussion of edTPA,
02:38:55.640 --> 02:38:58.260
Pilot and Test Development Updates.
02:38:58.260 --> 02:38:59.093
Jessica.
02:38:59.093 --> 02:39:00.270
So Mark, you can flip
02:39:00.270 --> 02:39:03.998
through the slides now
for her like she did to you.
02:39:03.998 --> 02:39:06.037
Thank you, Dr. Cavazos.
02:39:06.037 --> 02:39:08.480
I have to say Mark
had quite a fair amount
02:39:08.480 --> 02:39:10.670
of animation in those slides
02:39:10.670 --> 02:39:13.510
but I apologize for
skipping through a few.
02:39:13.510 --> 02:39:15.821
My cursor had a mind of its own
02:39:15.821 --> 02:39:19.115
so terrific process and board
item 13 is our standing update
02:39:19.115 --> 02:39:21.617
on the edTPA, pilot and
certification exam development.
02:39:21.617 --> 02:39:26.617
And it begins on PDF page 225.
02:39:27.348 --> 02:39:31.212
At the December 2020
meeting, TPA staff share
02:39:31.212 --> 02:39:34.287
to propose plan for edTPA discussion
02:39:34.287 --> 02:39:36.930
items across upcoming meetings
02:39:36.930 --> 02:39:40.310
based upon questions and
discussion received from the board.
02:39:40.310 --> 02:39:43.107
And we've continued to
work through and address
02:39:43.107 --> 02:39:47.160
and discuss these topics
during each of our meetings.
02:39:47.160 --> 02:39:48.310
During today's meeting,
02:39:48.310 --> 02:39:51.440
we plan to provide
updates regarding year two
02:39:51.440 --> 02:39:53.530
at edTPA pilot implementation
02:39:53.530 --> 02:39:58.180
and a full update on the
upcoming year three, edTPA pilot
02:39:58.180 --> 02:40:01.103
including implementation
supports and ongoing planning.
02:40:03.750 --> 02:40:05.560
First, we would like
to provide an update
02:40:05.560 --> 02:40:09.030
on the current year to
edTPA pilot implementation.
02:40:09.030 --> 02:40:12.330
We have 34 programs
who are piloting the edTPA
02:40:12.330 --> 02:40:15.360
and are coming the end
of their spring semesters.
02:40:15.360 --> 02:40:18.870
We're really excited to
share that as of this week
02:40:18.870 --> 02:40:23.870
we've had 777 candidates who
submitted an edTPA portfolio
02:40:24.760 --> 02:40:26.680
during the second year of the pilot.
02:40:26.680 --> 02:40:28.550
This is a pretty significant growth
02:40:28.550 --> 02:40:30.150
from our first year of the pilot
02:40:31.033 --> 02:40:32.930
where we had 419 submissions .
02:40:32.930 --> 02:40:36.420
Staff look forward to bringing
a comprehensive overview
02:40:36.420 --> 02:40:39.150
of the data related to the
year two pilot implementation
02:40:39.150 --> 02:40:40.910
at an upcoming meeting.
02:40:40.910 --> 02:40:41.970
And for your reference,
02:40:41.970 --> 02:40:44.510
the full list of programs
participating in year two
02:40:44.510 --> 02:40:47.550
of the pilot it can be
found in attachment one
02:40:47.550 --> 02:40:49.583
on pages five through nine of the item.
02:40:51.830 --> 02:40:53.840
We're really excited to share today
02:40:53.840 --> 02:40:58.310
is an update on the year
three of the edTPA pilot.
02:40:58.310 --> 02:41:01.040
In October, 2020,
the aspect preliminarily
02:41:01.040 --> 02:41:04.960
approved the extension of
the edTPA pilot for third year.
02:41:04.960 --> 02:41:06.480
And at the time of approval,
02:41:06.480 --> 02:41:09.400
TPA staff presented a proposed timeline
02:41:09.400 --> 02:41:11.600
for the edTPA year three pilot
02:41:11.600 --> 02:41:14.330
that included the opening
of an application window
02:41:14.330 --> 02:41:16.480
to allow EPP is to join or
02:41:16.480 --> 02:41:19.740
to continue participation
in edTPA pilot.
02:41:19.740 --> 02:41:21.490
In alignment with that timeline,
02:41:21.490 --> 02:41:26.150
staff opened the pilot application
on December 15th, 2020
02:41:26.150 --> 02:41:31.050
and the application window
closed on February 26 2021.
02:41:31.050 --> 02:41:34.230
In total 40 educator
preparation programs
02:41:34.230 --> 02:41:37.220
including 17 institutions
of higher education
02:41:37.220 --> 02:41:40.190
and 23 alternative
certification programs
02:41:40.190 --> 02:41:42.920
apply to join or continue participation
02:41:42.920 --> 02:41:45.030
in the year three pilot.
02:41:45.030 --> 02:41:47.050
All programs that applied were accepted
02:41:47.050 --> 02:41:48.300
into the year three pilot
02:41:49.174 --> 02:41:51.500
which included 15 new programs choosing
02:41:51.500 --> 02:41:53.950
to join the pilot in the third year.
02:41:53.950 --> 02:41:56.053
I would note that eight
programs did choose
02:41:56.053 --> 02:41:59.570
to no longer participate
in the year three pilot.
02:41:59.570 --> 02:42:02.682
And we certainly respect
their decision to do so.
02:42:02.682 --> 02:42:06.670
Recognizing, wanting to ensure
we have a full implementation
02:42:06.670 --> 02:42:09.400
of pilot related
activities moving forward.
02:42:09.400 --> 02:42:11.340
And the full list of
programs participating
02:42:11.340 --> 02:42:13.830
in the edTPA year
three pilot can be found
02:42:13.830 --> 02:42:17.233
in an attachment to on
pages 10 and 11 of the item.
02:42:18.373 --> 02:42:21.520
And as we move into year
three pilot implementation,
02:42:21.520 --> 02:42:24.720
staff plan to provide strong
implementation support
02:42:24.720 --> 02:42:26.130
throughout the third year
02:42:26.130 --> 02:42:28.400
including increasing the number of edTPA
02:42:29.605 --> 02:42:31.755
regional coordinators
who serve as a points
02:42:33.809 --> 02:42:34.660
of contact and supports for programs
02:42:36.447 --> 02:42:38.132
implementing the edTPA pilot.
02:42:38.132 --> 02:42:40.336
We plan on increasing their numbers
02:42:40.336 --> 02:42:41.610
from three to five to
support the growing number
02:42:43.145 --> 02:42:45.169
of programs participating in the pilot.
02:42:45.169 --> 02:42:46.533
We also planned to continue
02:42:46.533 --> 02:42:47.830
to provide reimbursements
and stipends for candidates
02:42:47.830 --> 02:42:49.920
and mentoring cooperating teachers
02:42:49.920 --> 02:42:52.520
who are implementing the ed TPA pilot,
02:42:52.520 --> 02:42:55.650
and then grants to
pilot programs in order
02:42:55.650 --> 02:42:57.100
to support their functioning.
02:43:00.300 --> 02:43:02.220
We're really excited
to share that support
02:43:02.220 --> 02:43:06.020
for the year three pilot is
actually already underway.
02:43:06.020 --> 02:43:08.610
And this was in response
to feedback that we've heard
02:43:08.610 --> 02:43:12.437
from programs participating
in the first second year
02:43:12.437 --> 02:43:13.712
of the pilot,
02:43:13.712 --> 02:43:14.680
And that early and consistent support
02:43:14.680 --> 02:43:17.290
is incredibly beneficial.
02:43:17.290 --> 02:43:20.270
In collaboration with the
Texas edTPA community
02:43:20.270 --> 02:43:24.285
a TA staff posted a three
day edTPA spring Institute
02:43:24.285 --> 02:43:27.191
that all year three pilot
programs were invited
02:43:27.191 --> 02:43:30.020
to attend at the end of March.
02:43:30.020 --> 02:43:31.660
The three-day Institute was attended
02:43:31.660 --> 02:43:34.894
by over 100 pilot program,
faculty, staff, and partners.
02:43:34.894 --> 02:43:37.170
And the focus of that spring Institute
02:43:37.170 --> 02:43:40.113
was on supporting
programs in initiating the pilot
02:43:40.113 --> 02:43:44.030
the planning process for
year three pilot implementation
02:43:44.030 --> 02:43:46.190
and to provide programs the opportunity
02:43:46.190 --> 02:43:48.184
to really share best practices
02:43:48.184 --> 02:43:51.140
that they've learned
throughout these first two years
02:43:51.140 --> 02:43:54.160
of pilot implementation
with one another.
02:43:54.160 --> 02:43:57.620
And really was a strong
collaborative environment
02:43:57.620 --> 02:43:59.110
of Texas programs
02:43:59.110 --> 02:44:02.190
sharing lessons learned
with other Texas programs.
02:44:02.190 --> 02:44:04.511
And again, this is really based
02:44:04.511 --> 02:44:05.967
upon feedback that
we heard from the field.
02:44:06.977 --> 02:44:10.580
And then finally, as we
do at each SBEC meeting
02:44:10.580 --> 02:44:12.867
a staff would like to provide an update
02:44:12.867 --> 02:44:15.200
on educator certification,
exam development.
02:44:15.200 --> 02:44:17.180
The updated school counselor and trade
02:44:17.180 --> 02:44:20.920
and industrial PPR exams
will launch in September of 2021
02:44:20.920 --> 02:44:24.390
to the field and the
updated (indistinct) 428
02:44:24.390 --> 02:44:28.713
and (indistinct) 712 exams
will launch in January, 2022
02:44:28.713 --> 02:44:32.160
and September, 2023 respectively.
02:44:32.160 --> 02:44:36.290
Test development for
the new deaf blind EC12
02:44:36.290 --> 02:44:39.150
and special education
certification exams
02:44:39.150 --> 02:44:42.550
are also now underway
given the aspects of adoption
02:44:42.550 --> 02:44:44.120
of those aligned standards that went
02:44:44.120 --> 02:44:46.530
into effect in October of 2020.
02:44:46.530 --> 02:44:49.230
And we anticipate
bringing further plans related
02:44:49.230 --> 02:44:51.930
to these exam launches
and additional rules
02:44:51.930 --> 02:44:56.359
to codify additional proposed
rules to codify these exams
02:44:56.359 --> 02:45:00.203
and certification pathways
at an eligible meeting.
02:45:04.840 --> 02:45:06.909
With that I'll check to see
02:45:06.909 --> 02:45:07.810
if there was any public testimony
02:45:07.810 --> 02:45:09.670
Cameron, any public testimony?
02:45:09.670 --> 02:45:10.710
No, sir.
02:45:10.710 --> 02:45:12.370
Okay.
02:45:12.370 --> 02:45:13.970
Questions from the board members
02:45:17.441 --> 02:45:19.330
Dr. Rodriguez.
02:45:19.330 --> 02:45:21.120
Thank you, chairman.
02:45:21.120 --> 02:45:23.131
Thank you, Ms.
McLaughlin for the update
02:45:23.131 --> 02:45:24.851
and for all of the opportunities
02:45:24.851 --> 02:45:26.693
that EPPs who are participating
02:45:26.693 --> 02:45:31.120
in the edTPA pilot have to learn
02:45:31.120 --> 02:45:33.950
from one another and
share those lessons learned
02:45:33.950 --> 02:45:37.260
that will for sure
enhance their experiences
02:45:37.260 --> 02:45:42.240
and help perfect or
move towards perfecting
02:45:42.240 --> 02:45:45.954
the processes that are needed to roll
02:45:45.954 --> 02:45:50.263
out an assessment such as the edTPA.
02:45:51.140 --> 02:45:54.550
My question is on whether
02:45:57.440 --> 02:46:02.440
what specific lessons
learned could be shared also
02:46:02.830 --> 02:46:06.910
with school districts
that are partnering
02:46:06.910 --> 02:46:09.590
with these EPPs
02:46:09.590 --> 02:46:12.723
in the implementation
of the edTPA pilot.
02:46:12.723 --> 02:46:16.100
I think that it is very
important to recognize
02:46:16.100 --> 02:46:20.656
that in order to be successful in edTPA
02:46:20.656 --> 02:46:25.656
we need that very
strong, collaborative effort
02:46:26.980 --> 02:46:30.340
between the EPP and the district partner
02:46:31.436 --> 02:46:35.930
to make this happen in
ways that are conducive
02:46:35.930 --> 02:46:39.300
to the teacher candidate
being successful
02:46:39.300 --> 02:46:44.300
and enabled to
demonstrate what they know
02:46:45.013 --> 02:46:46.677
and are able to do at
02:46:46.677 --> 02:46:48.360
that point in their teacher preparation.
02:46:48.360 --> 02:46:52.968
So again, any particular initiatives
02:46:52.968 --> 02:46:57.300
on how to support school districts
02:46:57.300 --> 02:46:59.020
were partnering with these EPPs?
02:47:01.010 --> 02:47:03.780
Dr. Rodriguez, I greatly
appreciate that question.
02:47:03.780 --> 02:47:07.720
And that was certainly if
I would say the unofficial
02:47:07.720 --> 02:47:10.550
if not official through-line
of the edTPA spring
02:47:10.550 --> 02:47:14.400
Institute was really
focused on partnership
02:47:14.400 --> 02:47:17.860
between preparation programs
who are implementing the edTPA
02:47:17.860 --> 02:47:20.740
and their district
partners to really ensure
02:47:20.740 --> 02:47:23.460
that there was that
deep level of partnership.
02:47:23.460 --> 02:47:25.970
Everyone had a clear
vision for the expectations
02:47:25.970 --> 02:47:28.770
of the edTPA and how it can help grow
02:47:28.770 --> 02:47:31.370
and develop a candidate
throughout their preparation
02:47:31.370 --> 02:47:34.230
and also ensure
readiness for the districts
02:47:34.230 --> 02:47:36.950
that those candidates
will ultimately be going into.
02:47:36.950 --> 02:47:41.350
So we anticipate
developing training materials
02:47:41.350 --> 02:47:42.720
and resources to share
02:47:42.720 --> 02:47:46.290
with pilot programs and
upcoming monthly webinars.
02:47:46.290 --> 02:47:48.530
And we've also had conversations related
02:47:48.530 --> 02:47:51.974
to developing one-pagers
training materials
02:47:51.974 --> 02:47:54.890
that could actually
be distributed directly
02:47:54.890 --> 02:47:57.090
to partner districts
02:47:57.090 --> 02:47:59.830
and specifically
thinking about mentoring
02:47:59.830 --> 02:48:02.300
cooperating teachers
and training materials
02:48:02.300 --> 02:48:05.340
that could support clear communication
02:48:05.340 --> 02:48:07.230
with those who are
really on the frontline
02:48:07.230 --> 02:48:10.140
supporting our candidates,
completing the edTPA.
02:48:10.140 --> 02:48:12.860
And then really thinking about resources
02:48:12.860 --> 02:48:14.530
and tools that we can put in the hands
02:48:14.530 --> 02:48:17.130
of both preparation
programs and districts
02:48:17.130 --> 02:48:20.170
to really support building
that common language
02:48:20.170 --> 02:48:22.770
around the best practices
that are reinforced
02:48:22.770 --> 02:48:24.299
within the edTPA.
02:48:24.299 --> 02:48:27.251
And so that's certainly
been a significant area
02:48:27.251 --> 02:48:30.297
of focus as we transitioned
into the third year.
02:48:30.297 --> 02:48:32.530
And I will say that it
will continue to be so
02:48:32.530 --> 02:48:36.160
as we continue to roll out
ongoing training and support
02:48:36.160 --> 02:48:38.070
but it's certainly been
something that's been
02:48:39.056 --> 02:48:41.250
on everyone's mind
and will continue to be so.
02:48:41.250 --> 02:48:42.240
Thank you.
02:48:42.240 --> 02:48:43.790
Absolutely.
02:48:43.790 --> 02:48:44.840
Thank you, Jessica.
02:48:45.760 --> 02:48:46.983
Any other questions?
02:48:48.355 --> 02:48:49.370
Alright.
02:48:49.370 --> 02:48:50.203
Next item.
02:48:53.530 --> 02:48:57.010
Delegation authority item 14.
02:48:57.010 --> 02:48:59.610
And we have Laura Moriaty please.
02:48:59.610 --> 02:49:00.443
Yes, sir.
02:49:01.288 --> 02:49:03.440
So this item is an
opportunity for the board
02:49:03.440 --> 02:49:04.440
to delegate its authority
02:49:04.440 --> 02:49:06.500
based on the name change that's happened
02:49:06.500 --> 02:49:09.310
to the, that supports you TEA.
02:49:09.310 --> 02:49:10.460
So for background,
02:49:10.460 --> 02:49:14.028
several years ago there was
a time when all settlements
02:49:14.028 --> 02:49:15.752
had to come in front of the board.
02:49:15.752 --> 02:49:17.010
So it was like a docket
02:49:17.010 --> 02:49:18.529
just like your default docket is now
02:49:18.529 --> 02:49:20.732
but it was the settlements
for direct approval.
02:49:20.732 --> 02:49:22.270
But then we got statutory
authority that allows you
02:49:22.270 --> 02:49:24.924
to delegate settlement
authority down to TEA staff.
02:49:24.924 --> 02:49:29.380
That's Texas education code 21.035.
02:49:29.380 --> 02:49:34.380
So we previously had delegated
to the associate Commissioner
02:49:34.610 --> 02:49:37.510
for educator leadership and
quality educator leadership
02:49:37.510 --> 02:49:40.260
and qualities you see
from this fantastic slide
02:49:40.260 --> 02:49:43.320
here has not become Educator
Preparation Certification
02:49:43.320 --> 02:49:47.700
and Enforcement since the
division's name has changed
02:49:47.700 --> 02:49:50.010
the delegation needs to
reflect that name change.
02:49:50.010 --> 02:49:53.840
So we are requesting
that the delegation be now
02:49:53.840 --> 02:49:57.110
to the associate Commissioner
for educator preparation
02:49:57.110 --> 02:49:58.160
certification and enforcement
02:49:58.160 --> 02:49:59.820
in order to grant authority,
02:49:59.820 --> 02:50:04.480
to staff to settle educated
discipline cases on SBEC behalf.
02:50:04.480 --> 02:50:07.420
So that is that's the request.
02:50:07.420 --> 02:50:10.360
And there was a motion
probably on the next slide.
02:50:10.360 --> 02:50:13.660
How does that fit
in a business card?
02:50:13.660 --> 02:50:15.195
My gosh.
02:50:15.195 --> 02:50:16.187
Okay.
02:50:16.187 --> 02:50:17.317
(indistinct)
02:50:17.317 --> 02:50:22.317
Alright.
02:50:23.507 --> 02:50:24.460
Any questions from board members?
02:50:24.460 --> 02:50:26.360
Otherwise the motion is on your slide.
02:50:28.760 --> 02:50:29.913
Do I have a motion.
02:50:31.240 --> 02:50:32.900
Dr. Kelly please?
02:50:32.900 --> 02:50:34.090
Before I make the motion
02:50:34.090 --> 02:50:37.893
I'd like to make a comment, Laura
02:50:37.893 --> 02:50:41.589
with our board policy manual, we change
02:50:41.589 --> 02:50:45.559
we keep up similarly to
what is happening here
02:50:45.559 --> 02:50:47.263
but I wondering in the future,
02:50:48.272 --> 02:50:50.720
not necessarily for this
motion, but you know,
02:50:50.720 --> 02:50:54.803
from what you've said the
authority has been given
02:50:54.803 --> 02:50:56.170
to the Commissioner and to TEA
02:50:58.314 --> 02:50:59.210
and you hate to have a policy manual
02:51:00.172 --> 02:51:01.509
or whatever that requires
02:51:01.509 --> 02:51:03.452
that you change every
time there's a change
02:51:03.452 --> 02:51:04.400
in title or name or whatever.
02:51:04.400 --> 02:51:07.562
Sometimes it's just easier
to keep it as, you know
02:51:07.562 --> 02:51:11.700
delegated TEA or to the
Commissioner or his designee rather
02:51:13.393 --> 02:51:15.730
than having to go back
every time there's a change
02:51:15.730 --> 02:51:19.828
in the name, but anyway, just
a suggestion to keep in mind.
02:51:19.828 --> 02:51:20.661
Yes.
02:51:20.661 --> 02:51:22.257
I appreciate that.
02:51:22.257 --> 02:51:23.557
Dr. Kelly, actually, we are lucky
02:51:23.557 --> 02:51:24.390
in that we did not designate it directly
02:51:24.390 --> 02:51:27.240
to Ryan because we've
been able to allow settlements
02:51:27.240 --> 02:51:28.520
to continue after he quit.
02:51:28.520 --> 02:51:30.459
So having it in this position has been
02:51:30.459 --> 02:51:31.850
has been very helpful.
02:51:31.850 --> 02:51:35.179
And I hope that I hope that
we won't change the name
02:51:35.179 --> 02:51:38.598
of the division anytime soon,
so we won't have to be back.
02:51:38.598 --> 02:51:39.450
Okay.
02:51:39.450 --> 02:51:41.000
I moved to approve the resolution
02:51:41.000 --> 02:51:43.670
delegating the associate
Commissioner for educator prep
02:51:43.670 --> 02:51:45.680
certification and
enforcement, the authority
02:51:45.680 --> 02:51:48.710
of the aspect to informally
dispose of contested cases
02:51:48.710 --> 02:51:50.693
involving educator certification.
02:51:51.570 --> 02:51:52.743
Do I have a second?
02:51:54.740 --> 02:51:56.610
Okay, Jean Streepey seconds.
02:51:56.610 --> 02:51:57.893
Any further discussion?
02:52:00.210 --> 02:52:02.040
Seeing none all those in favor
02:52:02.040 --> 02:52:03.840
raise your right
hand, hold it up higher.
02:52:03.840 --> 02:52:05.633
So the vote may be recorded.
02:52:07.190 --> 02:52:08.077
Okay.
02:52:08.077 --> 02:52:08.910
Thank you.
02:52:08.910 --> 02:52:10.170
Any opposition to the same.
02:52:10.170 --> 02:52:12.284
No opposition, motion
carries unanimously.
02:52:12.284 --> 02:52:14.997
Ledges item 15.
02:52:14.997 --> 02:52:16.470
I'm sorry.
02:52:16.470 --> 02:52:18.060
Dr. it's Cameron.
02:52:18.060 --> 02:52:20.550
I just wanted to point
out to you and to Laura,
02:52:20.550 --> 02:52:22.960
that Nick (indistinct)
02:52:22.960 --> 02:52:25.770
who was the PFD one just
showed up in the waiting room.
02:52:25.770 --> 02:52:28.840
And I'm not sure if I should let him in
02:52:28.840 --> 02:52:31.463
or if he's, you know--
02:52:31.463 --> 02:52:33.199
His case already been heard.
02:52:33.199 --> 02:52:34.302
So yeah.
02:52:34.302 --> 02:52:37.630
That ship sailed Cameron.
02:52:37.630 --> 02:52:39.200
Alright.
02:52:39.200 --> 02:52:41.626
We only move slides forward.
02:52:41.626 --> 02:52:44.523
I felt it was my obligation
to tell you he was here.
02:52:44.523 --> 02:52:45.680
Okay.
02:52:45.680 --> 02:52:49.720
Cameron somebody buy lunch for Cameron?
02:52:49.720 --> 02:52:50.553
Were we not?
02:52:50.553 --> 02:52:52.680
We're not being okay.
02:52:52.680 --> 02:52:55.293
Legislative update item
15, Christie and Laura.
02:52:55.293 --> 02:52:56.830
So Dr. Cavazos,
02:52:56.830 --> 02:52:59.173
this is really just an
information only item.
02:52:59.173 --> 02:53:01.573
This reflects all of
the great updates that
02:53:01.573 --> 02:53:03.913
that you and Dr. Kelly had requested
02:53:03.913 --> 02:53:07.673
at the beginning of the session.
02:53:07.673 --> 02:53:10.356
Just tracking and making sure
02:53:10.356 --> 02:53:11.963
that you're all well enough, you know,
02:53:13.096 --> 02:53:15.206
well aware of all of
aspect related legislation
02:53:15.206 --> 02:53:16.336
that was filed.
02:53:16.336 --> 02:53:18.650
Now, that session is coming to a close
02:53:18.650 --> 02:53:21.120
for some of us a lot slower than others,
02:53:21.120 --> 02:53:22.600
but at the July meeting
02:53:22.600 --> 02:53:25.300
we'll actually have a legislative update
02:53:25.300 --> 02:53:28.700
with a discussion where
we'll be able to show you all
02:53:28.700 --> 02:53:32.910
of the pieces of legislation
that actually survived session
02:53:32.910 --> 02:53:35.450
and what that plant's gonna look
02:53:35.450 --> 02:53:37.100
like to make sure that we get all
02:53:38.071 --> 02:53:39.800
of that implemented and
implemented into your rules.
02:53:39.800 --> 02:53:41.413
Okay.
02:53:41.413 --> 02:53:42.417
Thank you.
02:53:42.417 --> 02:53:44.115
And thank you for those updates.
02:53:44.115 --> 02:53:45.113
We appreciate them.
02:53:45.113 --> 02:53:46.114
Yes, sir.
02:53:46.114 --> 02:53:47.114
Okay.
02:53:47.114 --> 02:53:49.510
Board operating procedures,
item 16, anything there?
02:53:49.510 --> 02:53:50.343
No, sir.
02:53:50.343 --> 02:53:52.380
Again, these are all
information only items.
02:53:52.380 --> 02:53:56.000
The only one that will
allow are there or that we
02:53:56.000 --> 02:53:58.810
may need some feedback
is I think it's the next item
02:53:58.810 --> 02:54:01.670
or the following where we're, you know
02:54:01.670 --> 02:54:03.230
allowing the board members,
02:54:03.230 --> 02:54:06.137
if they want to add
an item on the agenda.
02:54:06.137 --> 02:54:09.627
So go ahead and go
to the next one Jessica.
02:54:09.627 --> 02:54:11.800
Item 18 requests
for board members
02:54:12.684 --> 02:54:13.960
for future agenda items.
02:54:13.960 --> 02:54:15.593
Yes.
02:54:15.593 --> 02:54:18.553
This is the only one that
we would really you know,
02:54:18.553 --> 02:54:19.390
soliciting feedback, but again
02:54:21.106 --> 02:54:22.973
it's gotta be approved by you as well.
02:54:22.973 --> 02:54:23.860
Okay.
02:54:23.860 --> 02:54:25.230
Just sort of reminder that July,
02:54:25.230 --> 02:54:28.540
we have a workshop and
you'll be getting a date and time
02:54:28.540 --> 02:54:30.840
and hopefully we can do it in person
02:54:30.840 --> 02:54:35.543
so we can meet Dr. Rasha and Melissa.
02:54:36.539 --> 02:54:37.743
Right Melissa?
02:54:39.307 --> 02:54:40.680
So, alright.
02:54:40.680 --> 02:54:44.610
Are there any requests from
board since last meeting?
02:54:44.610 --> 02:54:45.460
Nothing there.
02:54:45.460 --> 02:54:49.830
And so I guess we're adjourned.
02:54:49.830 --> 02:54:51.280
Oh, do we have to have motion
02:54:53.653 --> 02:54:55.053
for adjournment or is it one of those?
02:54:56.128 --> 02:54:58.247
If nobody motions,
it carries type thing.
02:54:58.247 --> 02:54:59.507
Right?
02:54:59.507 --> 02:55:00.592
Alright.
02:55:00.592 --> 02:55:03.370
You all a joy working with,
thank you for everything you do.
02:55:03.370 --> 02:55:06.510
Have an amazing weekend
and we'll catch you all later.
02:55:06.510 --> 02:55:08.060
This meeting is adjourned.
02:55:08.060 --> 02:55:09.397
Have a great one.
02:55:09.397 --> 02:55:10.230
Bye all.