January 2022 SBOE General Meeting
OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
January 28, 2022
9:00 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 19, 2021 and December 1, 2021
1. Resolutions and Presentations
Commissioner's Comments and Presentation
Resolution honoring the National Blue Ribbon Schools
Resolution regarding Career and Technical Education Month
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 at https://tea.texas.gov/about-tea/leadership/state-board-of-education/sboe-meetings/sboe-operating-rules or in the information section of the agenda.
Any agenda item may be placed on the Consent Agenda by any State Board of Education committee.
COMMITTEE OF THE FULL BOARD
This item presents for second reading and final adoption the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter E, Education and Training, §§130.161-130.166; Subchapter G, Government and Public Administration, §§130.201-130.211; Subchapter H, Health Science, §§130.221-130.234; Subchapter I, Hospitality and Tourism, §§130.251-130.263; Subchapter L, Law, Public Safety, Corrections, and Security, §§130.331-130.343; and Subchapter O, Science, Technology, Engineering, and Mathematics, §§130.401-130.435; and proposed new 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter G, Education and Training, §§127.309-127.314; Subchapter I, Health Science, §§127.402-127.415; Subchapter J, Hospitality and Tourism, §§127.468-127.480; Subchapter M, Law and Public Service, §§127.625-127.648; and Subchapter O, Science, Technology, Engineering, and Mathematics, §§127.742-127.776. The proposed rule actions would repeal Texas Essential Knowledge and Skills (TEKS) for career and technical education (CTE) in subchapters that are being revised and move the TEKS for existing CTE courses in these subchapters to 19 TAC Chapter 127 in order to keep all the TEKS for revised subchapters together in administrative rule and avoid confusion. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), (n), and (o); and 28.025(a), (b-2), and (b-17).
4. Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter G, Education and Training, §§127.311, 127.317, and 127.318, and Subchapter O, Science, Technology, Engineering, and Mathematics, §127.783 and §127.784
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed new 19 Texas Administrative Code (TAC) Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter G, Education and Training, §127.311, Human Growth and Development; §127.317, Child Development; and §127.318, Child Guidance; and Subchapter O, Science, Technology, Engineering, and Mathematics, §127.783, Engineering Design and Presentation I; and §127.784, Engineering Design and Presentation II. The proposed new sections would update the career and technical education (CTE) Texas Essential Knowledge and Skills (TEKS) for courses in the career clusters for education and training and science, technology, engineering, and mathematics to ensure the standards are up to date. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), (n), and (o); and 28.025(a), (b-2) and (b-17).
5. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendments to 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements. The proposed amendments would update the high school graduation requirements to align with Senate Bill (SB) 369 and SB 1063, 87th Texas Legislature, Regular Session, 2021; update course titles; add new courses to satisfy specific graduation requirements; and make technical edits. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4); 28.025(a), (b-1), as amended by SB 1063, 87th Texas Legislature, Regular Session, 2021, (b-3), (b-14), (b-17), (c), (c-1), and (c-2); and 28.0256(a) and (b) and (d), as amended by SB 369, 87th Texas Legislature, Regular Session, 2021.
6. Proposed Revisions to 19 TAC Chapter 120, Other Texas Essential Knowledge and Skills, Subchapter A, Character Traits
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 120, Other Texas Essential Knowledge and Skills, Subchapter A, Character Traits, §120.1, Implementation of Texas Essential Knowledge and Skills for Positive Character Traits; and proposed amendments to §120.3, Texas Essential Knowledge and Skills for Positive Character Traits, Kindergarten-Grade 2, Adopted 2020; §120.5, Texas Essential Knowledge and Skills for Positive Character Traits, Grades 3-5, Adopted 2020; §120.7, Texas Essential Knowledge and Skills for Positive Character Traits, Grades 6-8, Adopted 2020; and §120.9, Texas Essential Knowledge and Skills for Positive Character Traits, Grades 9-12, Adopted 2020. The proposed revisions would update the standards for positive character traits to align with the requirements of Senate Bill (SB) 123, 87th Texas Legislature, Regular Session, 2021. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4); 28.002(a) and (c); and 29.906, as amended by SB 123, 87th Texas Legislature, Regular Session, 2021.
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) and for the board to provide additional guidance to TEKS and ELPS review work groups. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4); 28.002(a) and (c); and 28.025(a).
COMMITTEE ON INSTRUCTION
8. 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).
COMMITTEE ON SCHOOL INITIATIVES
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 an amendment to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements. The proposed amendment would update the list of countries that permit individuals who have obtained the equivalent of a United States bachelor's or master's degree to be exempt from the Test of English as a Foreign Language internet-Based Test (TOEFL iBT) to demonstrate English language proficiency; would clarify that individuals who have already demonstrated English language proficiency to receive an SBEC-issued Texas certificate would not have to demonstrate English language proficiency again for purposes of admission into an educator preparation program (EPP) to obtain an additional Texas educator certificate; and would provide technical and grammatical edits. Statutory authority for 19 TAC Chapter 230, Subchapter B, §230.11, is the Texas Education Code (TEC), §§21.003(a); 21.031; and 21.041(b)(1), (4), and (5).
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 234, Military Service Members, Military Spouses, and Military Veterans. The proposed amendments would implement House Bill (HB) 139, 87th Texas Legislature, Regular Session, 2021. The proposed amendments would add the space force to the list of branches of the United States Armed Forces and would allow service members, spouses, and veterans to get credit toward educator certification requirements for clinical and professional experience. The statutory authority for 19 TAC Chapter 234, §234.3 and §234.5, is the Texas Education Code (TEC), §§21.041(b)(2) and (4); 21.044(a), as amended by HB 159, 87th Texas Legislature, Regular Session, 2021; and 21.052(b-1), as amended by HB 139, 87th Texas Legislature, Regular Session, 2021, (c), (d-1), (f), as amended by HB 139, 87th Texas Legislature, Regular Session, 2021, and (i), as added by HB 139, 87th Texas Legislature, Regular Session, 2021; and Texas Occupations Code (TOC), §§55.001, as amended by HB 139, 87th Texas Legislature, Regular Session, 2021; 55.002; 55.003; 55.004, as amended and added by HB 139, 87th Texas Legislature, Regular Session, 2021, 55.0041, as amended and added by HB 139, 87th Texas Legislature, Regular Session, 2021; and 55.005; 55.006; 55.007; 55.008; 55.009; and 55.010.
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 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, and Subchapter E, Post-Hearing Matters. The proposed amendments would implement House Bill (HB) 2519, 87th Texas Legislature, Regular Session, 2021, by amending the SBEC's rules to allow the SBEC to put conditions on a certificate without any additional sanction; to reduce the minimum sanction for contract abandonment that occurs 30–44 days in advance of the first day of instruction for the next school year; to clarify that sanctions for contract abandonment are subject to all mitigating factors and that mitigating factors can reduce a sanction to the point that the SBEC takes no disciplinary action against an educator; and to clarify the notice that the Texas Education Agency (TEA) sends sanctioned educators regarding the necessity of filing a motion for rehearing if the respondent wants to appeal the decision. The proposed amendments also reflect the results of the SBEC's July work session on contract abandonment and October and December meetings by expanding the definition of good cause for contract abandonment to include instances when an educator resigns after receiving written permission from school administration and by adding new mitigating factors that allow lower sanctions for contract abandonment when an educator gets a promotion, has their salary reduced, faces a threat of immediate physical harm, or for any other relevant circumstances or facts. The statutory authority for 19 TAC Chapter 249, Subchapter B, §249.15 and §249.17, is Texas Education Code (TEC), §§21.006(a)–(c-2), (f)–(g-1), and (i); 21.007; 21.009(e); 21.031(a); 21.035; 21.041; 21.058; 21.0581; 21.060; 21.065, as added by HB 2519, 87th Texas Legislature, Regular Session, 2021; 21.105(c), (e), and (f), as amended and added by HB 2519, 87th Texas Legislature, Regular Session, 2021; 21.160(c), (e), and (f), as amended and added by HB 2519, 87th Texas Legislature, Regular Session, 2021; 21.210(c), (e) and (f), as amended and added by HB 2519, 87th Texas Legislature, Regular Session, 2021; 22.082; 22.0831; 22.085; 22.087; 22.092; and 22.093(a)–(f); Texas Government Code (TGC), §§411.090, 2001.058(e), and 2001.142(a); Texas Family Code (TFC), §261.308(d) and (e) and §261.406(a) and (b); Texas Occupations Code (TOC), §§53.021(a), 53.022; 53.023; 53.024; 53.025, 53.051, 53.052, and 56.003; and the Every Student Succeeds Act (ESSA), 20 United States Code (USC), §7926. The statutory authority for 19 TAC Chapter 249, Subchapter E, §249.42, is TEC, §§21.031(a); 21.035; 21.040(4); and 21.041(a) and (b)(1), (4), and (7); and TOC, §§53.021(a), 53.022; 53.023; 53.024; 53.025, and 53.051.
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
State Board of Education Operating Rules (amended January 26, 2021)
Current Status of the Permanent School Fund
2021-2025 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 2021 through August 2025. Texas Government Code (TGC), §2001.039, requires an ongoing four-year rule review of existing state agency rules, including SBOE rules. The rule review requirement in TGC, §2001.039, is designed to ensure that the reason for initially adopting or readopting a rule continues to exist.
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 2020-2021 audit plan, and the status of reports on the division's reviews.