Jan-Feb 2018 General Meeting
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
February 2, 2018
9 a.m.
William B. Travis Building, Room 1-104
1701 N. Congress Avenue
Student Performance
Invocation
Pledge of Allegiance
Roll Call
Approval of Minutes
State Board of Education, November 10, 2017
1. Resolutions and Presentations
Resolution regarding Career and Technical Education Month
(No Exhibit)
Presidential Awards for Excellence in Mathematics and Science Teaching
(No Exhibit)
Public Testimony - Individual testimony will be taken to address items other than those on the board agenda. The procedures for registering and taking public testimony at State Board of Education committee meetings and general board meetings are provided online.
2. 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
3. Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations. The proposed amendments would update rules related to state review and adoption of instructional materials as well as ordering and distribution of instructional materials to align with recent legislative changes. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§31.002, as amended by Senate Bill (SB) 810, 85th Texas Legislature, Regular Session, 2017; 31.003; 31.023, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017; 31.035, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017, and House Bill (HB) 3526, Section 5, 85th Texas Legislature, Regular Session 2017.
This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter B, Architecture and Construction, Subchapter H, Health Science, Subchapter J, Human Services, Subchapter M, Manufacturing, and Subchapter O, Science, Technology, Engineering, and Mathematics, to update rules, including correcting inconsistencies that have been identified in certain courses and adding new lab courses for Cosmetology. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102, 28.002, and 28.025, as amended by House Bill (HB) 3593 and Senate Bill (SB) 826, 85th Texas Legislature, Regular Session, 2017.
This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, to update the rules and align with recent legislative changes. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4); 28.002, as amended by House Bill (HB) 3593, 85th Texas Legislature, Regular Session, 2017; 28.018, as added by HB 728, 85th Texas Legislature, Regular Session, 2017; and 28.025, as amended by HB 3593, Senate Bill (SB) 30, SB 463, SB 671, and SB 826, 85th Texas Legislature, Regular Session, 2017.
This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter D, Other High School English Language Arts and Reading Courses, Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter D, Other High School Mathematics Courses, Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter D, Other Science Courses, and Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter D, Other Languages Other Than English Courses. The proposed revisions would align the rules with current course offerings by the International Baccalaureate (IB) Organization. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4); 28.002; and 28.025, as amended by House Bill (HB) 3593 and Senate Bill (SB) 826, 85th Texas Legislature, Regular Session, 2017.
This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter D, Other High School English Language Arts and Reading Courses, and Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter D, Other High School Mathematics Courses. The proposed revisions would update the amount of credit available for Advanced Placement (AP) English language arts and reading and mathematics courses and remove rules that are outdated and duplicative of other State Board of Education (SBOE) rules. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4); 28.002; and 28.025, as amended by House Bill (HB) 3593 and Senate Bill (SB) 826, 85th Texas Legislature, Regular Session, 2017.
8. Proposed Revisions to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, and Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Concerning Advanced Placement and International Baccalaureate Courses
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter D, Other Science Courses, Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, Subchapter B, Other Economics Courses, and Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter D, Other Technology Applications Courses. The proposed revisions would align the rules with current course offerings by the International Baccalaureate (IB) Organization and update the amount of credit available for IB and Advanced Placement (AP) courses. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4); 28.002; and 28.025, as amended by House Bill (HB) 3593 and Senate Bill (SB) 826, 85th Texas Legislature, Regular Session, 2017.
COMMITTEE ON INSTRUCTION
9. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript)
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript), to update the rule to align with recent changes to graduation and instructional requirements. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(13), 28.0023, and 28.025, as amended by Senate Bill (SB) 30, 85th Texas Legislature, Regular Session, 2017.
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
This item presents for second reading and final adoption a proposed amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter D, Uniform Bank Bid or Request for Proposal and Depository Contract, §109.52, Uniform Depository Bank Contract and Surety Bond Forms. The proposed amendment would update the depository contract adopted in rule to reflect changes made by Senate Bill (SB) 754, 85th Texas Legislature, Regular Session, 2017. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(34); 45.205(b), as amended by SB 754, 85th Texas Legislature, Regular Session, 2017; 45.206; and 45.208.
11. Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes
(Second Reading and Final Adoption)
This item presents for second reading and final adoption a proposed amendment to 19 TAC Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes. The proposed amendment would update the rule to reflect changes made by Senate Bill (SB) 1152, 85th Texas Legislature, Regular Session, 2017. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§12.106; 25.087, as amended by SB 1152, 85th Texas Legislature, Regular Session, 2017; and 42.004.
This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, Subchapter A, State Board of Education Rules, §33.65, Bond Guarantee Program for School Districts, and §33.67, Bond Guarantee Program for Charter Schools. The proposed amendments would adjust the bond guarantee multiplier, specify the charter district bond guarantee capacity authorized by Senate Bill (SB) 1480, and address Charter District Bond Guarantee Reserve Fund management. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§45.053; 45.0532 and 45.0571, as amended by SB 1480, 85th Texas Legislature, Regular Session, 2017; 45.063; and the Texas Constitution, Article VII, Education, §5(d).
This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, Subchapter A, State Board of Education Rules, §33.15, Objectives, and §33.20, Responsible Parties and Their Duties. The proposed amendments would update the rate of return objective of the Permanent School Fund (PSF) and clarify roles and responsibilities for providing advice to the State Board of Education (SBOE) on benchmark and performance reporting. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(31) and (33), 43.0031, 43.0033, and 43.004; Texas Government Code, §2263.004; and the Texas Constitution, Article VII, §5(d),
and (f).
COMMITTEE ON SCHOOL INITIATIVES
14. Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization the proposed amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members. The proposed amendment would reflect changes made by Senate Bill (SB) 1566, 85th Texas Legislature, Regular Session, 2017, to the State Board of Education's (SBOE's) duty to provide training courses for independent school district trustees. Statutory authority for this action is the Texas Education Code (TEC), §11.159, as amended by SB 1566, 85th Texas Legislature, Regular Session, 2017.
This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would propose new 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, Subchapter B, Elementary School Certificate Standards, Subchapter C, Middle School Certificate Standards, and Subchapter D, Secondary School Certificate Standards. Proposed new 19 TAC §§235.1, General Requirements, 235.11, Pedagogy and Professional Responsibilities Standards, Early Childhood: Prekindergarten-Grade 3, 235.19, Implementation Date, Early Childhood: Prekindergarten-Grade 3, 235.41, Pedagogy and Professional Responsibilities Standards, Grades 4-8, 235.59, Implementation Date, Grades 4-8, 235.61, Pedagogy and Professional Responsibilities Standards, Grades 7-12, and 235.89, Implementation Date, Grades 7-12, would implement recent legislation from the 85th Texas Legislative Session, 2017, specify the pedagogy and professional responsibilities (PPR) educator standards required for classroom teacher certification, and clarify the implementation date for the new standards. The proposed new chapter reflects feedback provided by the SBEC-appointed Classroom Teacher Standards Advisory Committee for the Early Childhood: Prekindergarten-Grade 3, Grades 4-8 (4-8), and Grades 7-12 (7-12) PPR standards. The statutory authority for new 19 TAC Chapter 235 is Texas Education Code (TEC), §§21.003(a); 21.031; and 21.041(a) and (b)(1), (2), and (4); and 21.0489, as added by Senate Bill (SB) 1839 and House Bill (HB) 2039, 85th Texas Legislature, Regular Session, 2017, for Subchapter A; TEC, §§21.031, 21.040(4), and 21.041(b)(1), (2), and (4), for Subchapter B; TEC, §§21.031, 21.040(4), and 21.041(b)(1), (2), and (4), for Subchapter C; and TEC, §§21.031, 21.040(4), and 21.041(b)(1), (2), and (4), for Subchapter D.
16. Review of Proposed Amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries
This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 245, Certification of Educators from Other Countries. The proposed amendments would update the requirements for certification of educators from other countries following the four-year rule review required by Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 245 is the Texas Education Code (TEC), §§21.041(b)(1), (4), and (5); 21.048(a); 21.050; 21.052(a)-(e), as amended by Senate Bill (SB) 1839, 85th Texas Legislature, 2017; and 22.0831(f).
17. Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions, Subchapter B, Enforcement Actions and Guidelines, §249.12, Administrative Denial; Appeal, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition, §249.15, Disciplinary Action by State Board for Educator Certification, §249.17, Decision-Making Guidelines, and Subchapter D, Hearing Procedures, §249.35, Disposition Prior to Hearing; Default
This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions, Subchapter B, Enforcement Actions and Guidelines, §249.12, Administrative Denial; Appeal, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition, §249.15, Disciplinary Action by State Board for Educator Certification, §249.17, Decision-Making Guidelines, and Subchapter D, Hearing Procedures, §249.35, Disposition Prior to Hearing; Default. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 7, 85th Texas Legislature, Regular Session, 2017; set minimum sanctions for administrators who fail to report educator misconduct; clarify the reasons for which the SBEC can deny a certificate to an applicant; require reporting administrators to provide additional factual details in educator misconduct reports; and clarify the law that applies when educators default after failing to answer a petition. The statutory authority for 19 TAC §§249.3, 249.12, 249.14, 249.15, 249.17, and 249.35 is the Texas Education Code (TEC), §§21.006, as amended by Senate Bill 7, 85th Texas Legislature, Regular Session, 2017; §§21.007; 21.009, as added by SB 7; 21.031(a); 21.035; 21.041; 21.044; 21.058, as amended by SB 7; §21.0581, as added by SB 7; 21.060; 21.105(c); 21.160(c); 21.210(c); 22.085; 22.087; and 57.491(g); Texas Government Code, §§2001.058; Texas Occupations Code, §§53.021(a), 53.022-53.025, 53.051, and 53.052; and Texas Penal Code, §21.12(a), as amended by SB 7.
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, Amended January 31, 2017
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.
4. Annual Report of the Division of Financial Compliance
This item provides the board with an annual review of the work accomplished by the division responsible for state financial reviews. The report describes the division’s organization and legal responsibilities, deviations from the 2016-2017 audit plan, and the status of reports on the division's reviews.