September 13, 2018 Committee on School Initiatives
THURSDAY
9 a.m.
COMMITTEE ON SCHOOL INITIATIVES - Room 1-111
Members: Barbara Cargill, chair; Marisa B. Perez-Diaz, vice chair; Ruben Cortez, Jr;
Keven Ellis; Marty Rowley. A quorum of the State Board of Education may attend the committee meeting and discuss items on the committee agenda.
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. Review of 19 TAC Chapter 233, Categories of Classroom Teaching Certificates
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 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would implement legislation from the 85th Texas Legislature, Regular Session, 2017, to establish new certificates for Early Childhood Prekindergarten-Grade 3 and Trade and Industrial Workforce Training: Grades 6-12; would specify procedures for an interested party to request an additional foreign language certificate; and would identify any additional requirements to obtain certification and/or be eligible to teach specific courses. Additional proposed amendments and technical changes would provide clarification for consistent application of these rules, would remove duplicative language specifying assignments into which certificate holders are eligible to be placed, and would establish consistent information related to the classroom certificates issued by the SBEC. The statutory authority for 19 TAC Chapter 233 is the Texas Education Code (TEC), §§ 21.003(a); 21.031; 21.041(b)(1)-(4) and (6); 21.044(e) and (f); 21.048(a); 21.0442; and 21.0491, as added by House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017; and 21.0489, as added by Senate Bill (SB) 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017.
COMMITTEE - ACTION
SBOE - ACTION
2. Review of Proposed Amendments to 19 TAC Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, and Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action that would propose amendments to 19 TAC Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, and Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment to §250.1 would reflect a technical change that would update in rule relevant cross references to the state’s Historically Underutilized Business (HUB) program. The proposed amendment to §250.20 would implement legislation from the 84th Texas Legislature, 2015, to update the petition form for adoption of rules or rules changes to require the petitioner to indicate that the petitioner meets one of the four definitions of an interested person. The statutory authority for 19 TAC Chapter 250, Subchapter A, §250.1 is the Texas Education Code (TEC), §§21.035(b), 21.041(6), and 21.041(a), and Texas Government Code (TGC), §2161.003. The statutory authority for Subchapter B, §250.20 is the TEC, §21.035(b) and §21.041(a) and (b)(1), and TGC, §2001.021, as amended by House Bill 763, 84th Texas Legislature, 2015.
COMMITTEE - ACTION
SBOE - ACTION
3. Review of Proposed Amendments to 19 TAC Chapter 247, Educators’ Code of Ethics
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action that would propose amendments to 19 TAC Chapter 247, Educators’ Code of Ethics. The proposed amendment to 19 TAC §247.1 would add the definition of “sexual harassment” and “under the influence of alcohol.” The proposed amendment to 19 TAC §247.2 would make educators who act recklessly in diverting money for personal gain or misrepresenting the educator’s employment history subject to discipline by the SBEC, would clarify language regarding an educator’s illegal use of drugs, and would add a standard regarding educator-on-educator workplace sexual harassment. The proposed amendment to 19 TAC §247.2 would also strike Standard 1.14 (a prohibition on assisting an educator with getting a new job when the educator had an inappropriate relationship with a student or minor) with the intent to move that provision to 19 TAC §249.15. The statutory authority for 19 TAC Chapter 247 is the Texas Education Code (TEC), §21.031(a) and §21.041(a) and (b)(1), (7), and (8); and Every Student Succeeds Act (ESSA), 20 United States Code (USC), §7926.
COMMITTEE – ACTION
SBOE - ACTION
4. Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions, and §249.5, Purpose; Policy Governing Disciplinary Proceedings; and Subchapter B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action that would amend 19 Texas Administrative Code (TAC) Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, and Subchapter B, Enforcement Actions and Guidelines. The proposed amendments to 19 TAC §§249.3, Definitions, 249.5, Purpose; Policy Governing Disciplinary Proceedings, and 249.15, Disciplinary Action by State Board for Educator Certifications, would add language creating a legal presumption based on an educator’s violation of written directives from school administrators regarding the educator’s behavior toward a student. This presumption would be included in the definition of “solicitation of a romantic relationship,” and in the rules that define and address the term “unworthy to instruct or to supervise the youth of this state.” The proposed amendments also would add the existing prohibition on assisting an educator with getting a new job when the educator had an inappropriate relationship with a student or minor to the list of reasons the SBEC can take disciplinary action. This provision is intended to comply with both the Every Student Succeeds Act (ESSA), 20 United States Code (USC), §7926, and Texas Education Code (TEC), §21.009(e), and proposed to be stricken from 19 TAC Chapter 247, Educators’ Code of Ethics. The statutory authority for the proposed amendments to 19 TAC §§249.3, 249.5, and 249.15 is the TEC, §§21.009, 21.031(a), 21.035, 21.041, and 21.060; and ESSA, 20 USC, §7926.
COMMITTEE – ACTION
SBOE - ACTION
5. Review of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs
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 228, Requirements for Educator Preparation Programs. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 7 and 1839 and House Bills (HBs) 2039, 3349, and 1963, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations. The statutory authority for 19 TAC Chapter 228 is the Texas Education Code (TEC), §§21.031; 21.041(b)(1); 21.044, as amended by SB 7, SB 1839, and SB 1963, 85th Texas Legislature, Regular Session, 2017; 21.0442(c), as added by HB3349, 85th Texas Legislature, Regular Session, 2017; 21.0443; 21.0453; 21.0454; 21.0455; 21.046(b); 21.0485; 21.0487(c); 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.050(b) and (c); 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; and the Texas Occupations Code (TOC), §55.007.
COMMITTEE – ACTION
SBOE - ACTION