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June 14, 2019 SBOE General Meeting

OFFICIAL AGENDA

STATE BOARD OF EDUCATION
AUSTIN, TEXAS

June 14, 2019
9:00 a.m.

William B. Travis Building, Room 1-104
1701 N. Congress Avenue

Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes
State Board of Education, April 5, 2019


1. Resolutions and Presentations

Resolution honoring Katy ISD

Presentation of Milken Educator Award

Resolution honoring the 2019 Student Heroes Award recipients

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.

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 Revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language
(Second Reading and Final Adoption)

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 A, Elementary, §§110.1-110.7, Subchapter B, Middle School, §§110.21-110.24, and Subchapter C, High School, §§110.36-110.39, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7, Subchapter B, Middle School, §§128.20-128.23, and Subchapter C, High School, §128.34 and §128.35, to make adjustments to align with recent revisions to the college and career readiness standards (CCRS) and to make technical adjustments, including the correction of inconsistencies that have been identified. This item also presents for second reading and final adoption proposed repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.10-110.16, and Subchapter B, Middle School, §§110.17-110.20, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.10-128.16, and Subchapter B, Middle School, §128.17 and §128.18. The proposed repeals would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 2009 for elementary and middle school English and Spanish language arts and reading and related implementation language that will be superseded by new 19 TAC §§110.1-110.7, 110.21-110.24, 128.1-128.7, and 128.20-128.23 beginning with the 2019-2020 school year. 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 Repeal and New 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.36, Digital Forensics (One Credit), Beginning with School Year 2019-2020
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed repeal and new 19 Texas Administrative Code (TAC) Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.36, Digital Forensics (One Credit), Beginning with School Year 2019-2020. The proposed repeal and new rule would update the Texas Essential Knowledge and Skills (TEKS) for the Digital Forensics course and update the amount of credit available for the course. 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), (c), and (f)(2), and 28.025(a), (c-1)(1), and (c-10).

5. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, 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 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements, to update the rules to align with recent changes to the Texas Essential Knowledge and Skills (TEKS) for fine arts and to establish courses to be included in a cybersecurity pathway for the science, technology, engineering, and mathematics (STEM) endorsement. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a), (c), and (f)(2); and 28.025(b-1), (c-1), (c-1)(1), (c-2), and (c-10).

6. Amendments to Proclamation 2020 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 amend the Proclamation 2020 schedule of adoption procedures to extend the review window to accommodate proposed amendments to the Texas Essential Knowledge and Skills for English I–IV and English I and II for Speakers of Other Languages. Proclamation 2020 calls for instructional materials for courses in high school English language arts and reading and English for speakers of other languages. Statutory authority for this action is the Texas Education Code (TEC), §31.022.

7. Proclamation 2021 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 2021, calling for instructional materials for prekindergarten. Instructional materials submitted in response to Proclamation 2021 would be scheduled for adoption by the SBOE in November 2020. Statutory authority for this action is the Texas Education Code (TEC), §31.022.

COMMITTEE ON INSTRUCTION

8. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.6, College and Career Readiness and Texas Essential Knowledge and Skills Alignment
(Second Reading and Final Adoption)

This item presents for second reading and final adoption a proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.6, College and Career Readiness and Texas Essential Knowledge and Skills Alignment. The proposed amendment would update the alignment charts for the College and Career Readiness Standards (CCRS) and the Texas Essential Knowledge and Skills (TEKS) to add a new alignment chart for English language arts and to reflect changes resulting from recent updates to the English language arts and mathematics CCRS. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(4) and §28.008(d).

9. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements
(Second Reading and Final Adoption)

This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements. The proposed amendment would update the rules to align with the requirements of TEC, §28.025(b-7), which allows a student who completes the core curriculum of a Texas institution of higher education (IHE) while in high school to earn an endorsement, the distinguished level of achievement, and a high school diploma. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(4) and §28.025(b-7).

10. Proposed Revisions to 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter D, Other High School Mathematics Courses
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed revisions to 19 Texas Administrative Code (TAC) Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter D, Other High School Mathematics Courses. The proposed revisions would repeal a rule that is outdated and duplicative of other SBOE rules and would add four new International Baccalaureate (IB) courses to the mathematics Texas Essential Knowledge and Skills (TEKS) for implementation in the 2019-2020 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).

11. Proposed Amendment to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit)
(Second Reading and Final Adoption)

This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit). The proposed amendment would eliminate language that is outdated and no longer necessary. 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), (c), and (t); and 28.025(a).

12. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders. The proposed amendment would require each school district and open-enrollment charter school to report to the Texas Education Agency (TEA) the results of the required screening for dyslexia and related disorders for students in Kindergarten and Grade 1 in accordance with Texas Education Code (TEC), §38.003(a). Statutory authority for this action is Texas Education Code (TEC), §7.102(c)(28) and §38.003(a) and (c).

13. Proposed Approval of Innovative Courses

This item recommends approval of innovative courses that do not fall within any of the subject areas of the foundation or enrichment curriculum. Statutory authority for this action is the Texas Education Code (TEC), §28.002(f).

14. Approval of Update of Instructional Materials

ThinkCERCA is requesting approval to update content in three of its adopted products: ThinkCERCA, Texas Edition, for English language arts and reading, grades 6–8. The updated content has been reviewed by curriculum subject-area specialists and determined to address the pertinent student expectations in a manner equal to the content initially reviewed and approved by the state review panel. Statutory authority for this action is the Texas Education Code (TEC), §31.003 and §31.022.

15. Approval of Proposed Updates to the Texas State Plan for the Education of Gifted/Talented Students

This item provides the opportunity for the committee and board to review and approve the recommended updates to the Texas State Plan for the Education of Gifted/Talented Students (State Plan). Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(15) and §29.123.

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND

16. Proposed Amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter C, Adoptions By Reference, §109.41, Financial Accountability System Resource Guide
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter C, Adoptions By Reference, §109.41, Financial Accountability System Resource Guide. The proposed amendment would reference the updated Financial Accountability System Resource Guide (FASRG) and remove language relating to the commissioner's role in amending the FASRG. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.055(b)(32), 7.102(c)(32), 44.001(a) and (b), 44.007(a)-(d), and 44.008(b).

COMMITTEE ON SCHOOL INITIATIVES

17. Review of Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards

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 new 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards. The proposed new rule would specify the certification standards for the English as a Second Language (ESL) Supplemental Certificate. Statutory authority for this action is Texas Education Code (TEC), §§21.003(a), 21.031, 21.040(4), and 21.041(b)(1), (2), and (4).

18. Review of Proposed Amendment to 19 TAC Chapter 241, Certification as Principal, Subchapter B, Principal Certificate, §241.41, General Provisions

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 an amendment to 19 Texas Administrative Code (TAC) Chapter 241, Certification as Principal, Subchapter B, Principal Certificate, §241.41, General Provisions. The proposed amendment would provide a deadline for candidates to qualify and apply for the current principal certification and to take the corresponding certification examination, after which time the Principal as Instructional Leader certificate will become the only principal certification available to candidates. Statutory authority for this action is Texas Education Code (TEC), §§21.003(a), 21.040(4), 21.041(b)(1)-(4), 21.046(b)-(d), and 21.054(a), (e), and (e-2), as amended by Senate Bills (SBs) 7, 179, and 1839, 85th Texas Legislature, Regular Session, 2017. Attachment.

19. Proposed Amendment 19 TAC Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners. The proposed amendment would allow the commissioner of education to take action against the certificate of independent hearing examiner if it is determined that the law firm with which the independent hearing examiner is associated, during the time the independent hearing examiner has been certified, meets specified criteria. Statutory authority for this action is the Texas Education Code (TEC), §21.252.

20. Consideration of the Commissioner of Education’s Generation 24 Open-Enrollment Charter School Proposals

This item provides the committee an opportunity to consider the commissioner’s list of proposed Subchapter D Open-Enrollment Charter Schools scheduled to open in school year 2020-2021. If awarded, the charters will have an initial five-year term with a July 31, 2025 contract end date. Statutory authority for this action is the Texas Education Code (TEC), §12.101.

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 28, 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.

4. Review of Annual Audit Plan of the Division of Financial Compliance for 2019-2020 School Year

This item covers the annual audit plan of the Division of Financial Compliance for the 2018-2019 school year for field and independent financial reviews as specifically described in 19 TAC Chapter 109, Texas Education Agency Audit Functions, §109.21, Annual Audit Plan.


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