April 2020 SBOE General Meeting
OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
April 17, 2020
9:00 a.m.
Student Performance
Invocation
Pledge of Allegiance
Roll Call
Approval of Minutes
State Board of Education, November 15, 2019
State Board of Education, January 31, 2020
Public testimony – Individual testimony will be taken at the time the related item comes up for Committee discussion or action. The procedures for registering and taking public testimony at State Board of Education committee meetings and general board meetings are provided online.
1. Approval of Consent Agenda
Any agenda item may be placed on the Consent Agenda by any State Board of Education committee.
COMMITTEE OF THE FULL BOARD
2. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed amendments to 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements. The proposed amendments would update the rules to align with the requirements of House Bill (HB) 678, 86th Texas Legislature, 2019, and revisions to career and technical education (CTE) programs of study. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a) and (c-1).
3. Proposed Revisions to 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed revisions to 19 Texas Administrative Code (TAC) Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, and Subchapter D, Other Technology Applications Courses, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources, Subchapter C, Arts, Audio/Video Technology, and Communications, Subchapter K, Information Technology, Subchapter O, Science, Technology, Engineering, and Mathematics, and Subchapter Q, Energy. The proposed revisions would update the Texas Essential Knowledge and Skills (TEKS) to align with recent legislation requiring the board to consolidate high school technology applications TEKS into the career and technical education (CTE) TEKS and eliminate TEKS for duplicative courses. The proposed revisions would also update the TEKS for CTE to add a new career cluster in energy to align with revised programs of study. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a).
4. Proposed Revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, and Subchapter D, Other Social Studies Courses
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed revisions to 19 Texas Administrative Code (TAC), Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, and Subchapter D, Other Social Studies Courses, to add Texas Essential Knowledge and Skills (TEKS) for a new African American studies ethnic studies course, to renumber sections, and to update references to course numbers and titles to reflect recent revisions to the social studies TEKS. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c); and 28.025(a).
5. Proclamation 2022 of the State Board of Education Advertising for Bids on Instructional Materials
This item provides an opportunity for the State Board of Education (SBOE) to issue Proclamation 2022, calling for instructional materials for health and physical education. Instructional materials submitted in response to Proclamation 2022 would be scheduled for adoption by the SBOE in November 2021. Statutory authority for this action is the Texas Education Code (TEC), §31.022.
6. Perkins Reauthorization and Approval of State Plan
This item provides the opportunity for the board to hear an update on the reauthorization of federal Perkins funding and approve the four-year career and technical education plan for the state of Texas in compliance with the reauthorization. Statutory authority for this action is the Texas Education Code (TEC), §7.109.
7. Update on Texas Essential Knowledge and Skills (TEKS) Review
This item provides the opportunity for staff to present an update on the review of the Texas Essential Knowledge and Skills (TEKS) and the English Language Proficiency Standards (ELPS). The item also provides the opportunity for the board to provide additional guidance to TEKS and ELPS review work groups. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a).
COMMITTEE ON INSTRUCTION
This item presents for second reading and final adoption the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, §§110.30-110.34, and Subchapter D, Other High School English Language Arts and Reading Courses, §110.85, and Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School, §§128.30-128.32. The proposed repeals would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 2009 for high school English and Spanish language arts and reading and English as a second language and related implementation language that will be superseded by new 19 TAC §§110.35-110.39 and §§128.33-128.35 beginning with the 2020-2021 school year. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a).
9. Action Regarding Origo Education
This item provides the opportunity for the committee and board to consider action regarding Origo Education related to substitution of new editions of a student journal for its adopted products for English and Spanish math, grades K-5. Origo Education has substituted new editions for the products adopted by the State Board of Education (SBOE) in 2013. Statutory authority for this action is the Texas Education Code (TEC), §§31.003, 31.022. and 31.151.
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
10. Proposed Repeal of 19 TAC Chapter 105, Foundation School Program, Subchapter B, Use of State Funds
(Second Reading and Final Adoption)
This item presents for second reading and final adoption the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 105, Foundation School Program, Subchapter B, Use of State Funds, §105.11, Maximum Allowable Indirect Cost, and §105.12, Basic Allotment. The proposed repeals would implement House Bill (HB) 3, 86th Texas Legislature, 2019, which removed the State Board of Education's (SBOE's) rulemaking authority related to maximum allowable indirect costs and the basic allotment for the Foundation School Program (FSP). No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §48.004, as transferred, redesignated, and amended by HB 3, 86th Texas Legislature, 2019.
11. Proposed Amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter B, Texas Education Agency Audit Functions, §109.23, School District Independent Audits and Agreed-Upon Procedures
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendment to 19 Texas Administrative Code (TAC) Chapter 109, Budgeting, Accounting, and Auditing, Subchapter B, Texas Education Agency Audit Functions, §109.23, School District Independent Audits and Agreed-Upon Procedures. The proposed amendment would reflect changes made by House Bill (HB) 1520, 86th Texas Legislature, 2019, that eliminated the requirement for out-of-state certified public accountancy (CPA) firms to be licensed in Texas. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(32), 44.001, 44.007, 44.008, and 44.010.
COMMITTEE ON SCHOOL INITIATIVES
12. Adoption of Review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters
(Adoption of Review)
Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the adoption of review of 19 Texas Administrative Code (TAC) Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters. Subchapter A establishes a provision for an SBOE member to be designated as the liaison for charter selection for charters proposed under Texas Education Code (TEC), Chapter 12, Subchapter D; charter selection procedures for charters granted under the TEC, Chapter 12, Subchapter D; and provisions for a 90-day no-contact requirement. Subchapter B sets forth provisions for adverse action on a home-rule school district charter. The statutory authority for the rule review is the Texas Government Code (TGC), §2001.039. The statutory authority for 19 TAC Chapter 100, Subchapter A, is the Texas Education Code (TEC), §12.101. The statutory authority for 19 TAC Chapter 100, Subchapter B, is TEC, §§7.102(c)(8), 12.028, 12.101(b), and 12.101(b-0).
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would propose amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, Subchapter E, Educational Aide Certificate, and Subchapter G, Certificate Issuance Procedures. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 3349, 85th Texas Legislature, Regular Session, 2017, and HB 3, 86th Texas Legislature, 2019. The proposed amendment to Subchapter C, Assessment of Educators, would reduce the amount of time for computer- and paper-based examination retakes from 45 to 30 days and would update the figure specifying the required test for issuance of the standard certification, including the removal of the master teacher certification class and the Principal: Early Childhood-Grade 12 certificate and the addition of Early Childhood-Grade 3 (EC-3), Science of Teaching Reading, and Trade and Industrial Workforce Training. The proposed amendment to Subchapter D, Types and Classes of Certificates Issued, would require the English as a Second Language Supplemental assessment for issuance of an intern certificate obtained through the intensive pre-service route. The proposed amendment to Subchapter E, Educational Aide Certificate, would allow the Educational Aide I certificate to be issued to high school students who have completed certain career and technical education courses. Proposed changes to Subchapter G, Certificate Issuance Procedures, would clarify that requests for certificate corrections be submitted to the Texas Education Agency (TEA) within six weeks from the original date of issuance. The proposed changes would also implement the requirement specified in statute that certified classroom teachers must complete training prior to receiving test approval for the Early Childhood: Prekindergarten-Grade 3 certificate. The SBEC made changes to the proposed text in Figure: 19 TAC §230.21(e) in response to public comment and to revert text for future rulemaking. Statutory authority for 19 TAC Chapter 230 is the Texas Education Code (TEC) §§21.041(b)(1), (2), and (4); 21.044(a); 21.048, as amended by HB 3, 86th Texas Legislature, 2019; 21.050, as amended by HB 3217, 86th Texas Legislature, 2019; 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; 21.064, as amended by HB 3, 86th Texas Legislature, Regular Session, 2019; 22.082; and Texas Occupations Code (TOC), §54.003, for Subchapter C; 21.003(a); 21.031; 21.041(b)(1)-(5) and (9); 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; 22.064; and 22.0831(c) and (f) for Subchapter D; 21.041(a) and (b)(1)-(4) for Subchapter E; and 21.031(a); 21.041(b)(1)-(5) and (9) and (c); 21.044(a), (e), and (f); 21.048, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; 21.0485; 21.0489; 21.050, as amended by HB 3217, 86th Texas Legislature, 2019; 21.054(a), as amended by SBs 7, 179, and 1839, 85th Texas Legislature, Regular Session, 2017, and HB 2424, 86th Texas Legislature, 2019; 22.082; and 22.0831(c) and (f); and TOC, §53.105, for Subchapter G.
REPORTS OF COMMITTEES REGARDING AGENDA ITEMS POSTED FOR DISCUSSION ON COMMITTEE AGENDAS
Committee chairs may provide an update about discussion items considered during the current meeting by any standing committee or ad hoc committee.
REPORTS OF OTHER STATE BOARD OF EDUCATION MEMBERS REGARDING AGENDA ITEMS AND EDUCATIONAL ACTIVITIES AND CONCERNS IN INDIVIDUAL DISTRICTS
Members of the State Board of Education may present information regarding agenda items or other relevant information about public education.
Information Materials
1. State Board of Education Operating Rules, September 13, 2019
Public testimony information begins on page V-8.
2. Current Status of the Permanent School Fund
3. 2017-2021 Rule Review Plan for State Board of Education Rules
This item outlines the rule review plan for State Board of Education (SBOE) rules during the period of September 2017 through August 2021. Texas Government Code, §2001.039, requires an ongoing four-year rule review of existing state agency rules, including SBOE rules. The rule review requirement is designed to ensure that the reason for initially adopting or readopting a rule continues to exist.