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June 2022 SBOE General Meeting

OFFICIAL AGENDA

STATE BOARD OF EDUCATION
AUSTIN, TEXAS

June 17, 2022

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 8, 2022 & May 16, 2022

1. Resolutions and Presentations

Resolution honoring the 2022 Student Heroes Award Recipients

Presentation of Milken Educator Award

2022 Texas Elementary Teacher of the Year, Jennifer Han, McAllen ISD

2022 Texas Secondary Teacher of the Year, Ramon Benavides, Ysleta ISD

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 New 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter A, Elementary, §§126.1-126.3 and 126.8-126.10, and Subchapter B, Middle School, §§126.17-126.19
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter A, Elementary, §126.1, Technology Applications, Kindergarten, Adopted 2022; §126.2, Technology Applications, Grade 1, Adopted 2022; §126.3, Technology Applications, Grade 2, Adopted 2022; §126.8, Technology Applications, Grade 3, Adopted 2022; §126.9, Technology Applications, Grade 4, Adopted 2022; and §126.10, Technology Applications, Grade 5, Adopted 2022; and Subchapter B, Middle School, §126.17, Technology Applications, Grade 6, Adopted 2022; §126.18, Technology Applications, Grade 7, Adopted 2022; and §126.19, Technology Applications, Grade 8, Adopted 2022. The proposed new rules would update the technology applications standards to ensure the standards remain current. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §7.102(c)(4) and §28.002(a), (c), (c-3), and (z).

4. Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter O, Science, Technology, Engineering, and Mathematics, §§127.788-127.794
(Second Reading and Final Adoption)


This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter O, Science, Technology, Engineering, and Mathematics, §127.788, Fundamentals of Computer Science (One Credit), Adopted 2022; §127.789, Computer Science I (One Credit), Adopted 2022; §127.790, Computer Science II (One Credit), Adopted 2022; §127.791, Computer Science III (One Credit), Adopted 2022; §127.792, Foundations of Cybersecurity (One Credit), Adopted 2022; §127.793, Digital Forensics (One Credit), Adopted 2022; and §127.794, Cybersecurity Capstone (One Credit), Adopted 2022. The proposed new rules would update the Texas Essential Knowledge and Skills (TEKS) for the high school cybersecurity and computer science courses to ensure the standards remain current. 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), (c-3), and (f)(2); and 28.025(a), (c-1)(1), and (c-10).

5. Proposed New 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.76, Personal Financial Literacy and Economics
(Second Reading and Final Adoption)


This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.76, Personal Financial Literacy and Economics. The proposed new rule would add Texas Essential Knowledge and Skills (TEKS) for a new social studies course to comply with the requirements of Senate Bill (SB) 1063, 87th Texas Legislature, Regular Session, 2021. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4); 28.002(a) and (c); and 28.025(b-1) and (b-22), as amended and added by SB 1063, 87th Texas Legislature, Regular Session, 2021.

6. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.3, Description of a Required Secondary Curriculum
(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 A, Required Curriculum, §74.3, Description of a Required Secondary Curriculum. The proposed amendment would update the list of high school courses for social studies and physical education that are required to be offered to students. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(b-1) and (b-22), as amended and added by Senate Bill (SB) 1063, 87th Texas Legislature, Regular Session, 2021.

7. Proposed Amendment to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter C,Local Operations, §66.105, Certification by School Districts
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed amendment to 19 Texas Administrative Code (TAC) Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter C, Local Operations, §66.105, Certification by School Districts. The proposed amendment would add a certification requirement to align with Senate Bill 1, 87th Texas Legislature, Regular Session, 2021. Statutory authority is the Texas Education Code (TEC), §§7.102, 31.003, 31.004, 31.005, 31.0211, and 31.101; SB 1, Article III, 87th Texas Legislature, Regular Session, 2021; and 47 USC §254(h)(5)(B) and (C).

8. Consideration of the Commissioner of Education’s Generation 27 Open-Enrollment Charter School Proposals

This item provides the committee and board an opportunity to review and take action or no action on the commissioner’s list of proposed Subchapter D Open-Enrollment Charter Schools scheduled to open in the 2023-2024 school year. If awarded, the charters will have an initial five-year term. Statutory authority is the Texas Education Code (TEC), §12.101.

9. 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, as necessary. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a).

10. 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 is the Texas Education Code (TEC), §28.002(f).

11. 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 a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 109, Budgeting, Accounting, and Auditing, Subchapter C, Adoptions By Reference, §109.41, Financial Accountability System Resource Guide. The proposed amendment would adopt by reference the updated Financial Accountability System Resource Guide (FASRG). No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(32), 44.001(a) and (b), 44.007(a)-(d), and 44.008(b).

12. Adoption of Review of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, and Subchapter B, Special Purpose School Districts

Texas Government Code (TGC), §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 the review of 19 Texas Administrative Code (TAC) Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, and Subchapter B, Special Purpose School Districts. The rules being reviewed relate to continuing education for school board members, nomination of trustees for military reservation school districts and Boys Ranch Independent School District, applicability of state law for special purpose school districts, and applicability of state law to Boys Ranch Independent School District. The statutory authority for the rule review is the Texas Government Code (TGC), §2001.039. The statutory authority for 19 TAC Chapter 61, Subchapter A, is the Texas Education Code (TEC), §11.159, as amended by House Bill (HB) 690, 87th Texas Legislature, 2021, and TEC, §§11.185, 11.186, and 11.352; and for Subchapter B, is TEC, §11.351 and §11.352.

13. Review of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment

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 C, Assessment of Educators, §230.21, Educator Assessment. The proposed amendment would specify the timeline by which a passing score on a certification exam can be used for certification purposes; would update the figure specifying the required pedagogy certification exams for issuance of the probationary or standard certificate; and would remove certificate categories that are no longer operational. The statutory authority for 19 TAC §230.21 is the Texas Education Code (TEC), §§21.041(b)(1), (2), and (4); 21.044(a); 21.048; 21.050; 22.082; and Texas Occupations Code (TOC), §54.003.

14. Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; and Subchapter E, Grades 9–12 Assignments

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 revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; and Subchapter E, Grades 9–12 Assignments. The proposed revisions would incorporate courses approved by the State Board of Education (SBOE), would add certificate areas to the list of credentials appropriate for placement into an assignment, and would incorporate technical edits where needed to improve readability and align citations. The statutory authority for 19 TAC Chapter 231 is the Texas Education Code (TEC), §§21.003(a), 21.031(a), 21.041(b)(1) and (2), and 21.064.

15. Review of Proposed Amendment to 19 TAC Chapter 250, Administration, 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 actions that would propose an amendment to 19 Texas Administrative Code (TAC) Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment would update the SBEC’s petition procedures to allow for increased ease in submitting a petition for rulemaking for the SBEC’s consideration. The statutory authority for Chapter 250, Subchapter B, §250.20, is the Texas Education Code (TEC), §21.035(b) and §21.041(a) and (b)(1), and Texas Government Code (TGC), §2001.021.


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.

Review of Annual Audit Plan of the Division of Financial Compliance for 2022-2023 School Year

This item covers the annual audit plan of the Division of Financial Compliance for the 2022-2023 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.