April 2014 General Meeting

OFFICIAL AGENDA

STATE BOARD OF EDUCATION
AUSTIN, TEXAS

April 11, 2014
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, January 31, 2014

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 at http://www.tea.state.tx.us/index4.aspx?id=25769804094.

1. Resolutions and Presentations

(No Exhibit)

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 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and Subchapter D, Other Languages Other Than English Courses
(Second Reading and Final Adoption)
 

This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and Subchapter D, Other Languages Other Than English Courses. The proposed revisions recommend an implementation date of the 2016-2017 school year for the revised languages other than English (LOTE) Texas Essential Knowledge and Skills (TEKS), except for the Special Topics in Language and Culture course, which would be implemented during the 2014-2015 school year. 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) 5, 83rd Texas Legislature, Regular Session, 2013.

4. Proposed Revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum
(Second Reading and Final Adoption)
 

This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, to align rules for the required secondary curriculum, including courses school districts must offer, with requirements of House Bill (HB) 5, 83rd Texas Legislature, Regular Session, 2013. 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, as amended by HB 5 and HB 2662, 83rd Texas Legislature, Regular Session, 2013; and 28.025, as amended by HB 5.

5. Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials
(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. The proposed amendments would update and clarify specific processes for the review and adoption of instructional materials. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(23) and §31.003.

6. Proclamation 2016 of the State Board of Education Advertising for Bids on Instructional Materials 

This item presents for approval Proclamation 2016 of the State Board of Education. The proposed proclamation advertises for bids on new instructional materials for Languages Other Than English (LOTE). It contains the Texas Essential Knowledge and Skills (TEKS) for each subject and grade for which bids are invited, accessibility requirements for instructional materials, including specifications for providing digital files to produce Braille versions of adopted materials, and a schedule of activities. The adoption of materials submitted in response to Proclamation 2016 is scheduled for November 2015, and school districts and open-enrollment charter schools are scheduled to begin using the materials adopted under the proposed proclamation in school year 2016-2017. Statutory authority for this action is the Texas Education Code (TEC), §31.022.

7. New Course Development 

This item provides the opportunity for the board to direct the future development of new courses, including courses to align with requirements of House Bill (HB) 5, 83rd Texas Legislature, Regular Session, 2013. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4); 28.002, 28.0021, 28.00222, and 28.025.

8. Charge to Texas Essential Knowledge and Skills (TEKS) Review Committees 

This item provides the opportunity for the SBOE to consider changes to step six in the Process for Review and Revision of the Texas Essential Knowledge and Skills (TEKS). Changes to the process would include a requirement that TEKS review committees consider the amount of time it would take to ensure a student has developed mastery of all of the student expectations in a subject for a given grade level or course. Other steps in the process will be discussed in a separate item in this agenda. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

COMMITTEE ON INSTRUCTION

9. Proposed New 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.38, Requirements for Instruction in Cardiopulmonary Resuscitation (CPR)
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed new 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.38, Requirements for Instruction in Cardiopulmonary Resuscitation (CPR), to add a new rule for instruction in CPR, as required by House Bill (HB) 897, 83rd Texas Legislature, Regular Session, 2013. No changes are recommended since approved for first reading. The statutory authority for this action is the Texas Education Code (TEC), §28.0023, as amended by HB 897, 83rd Texas Legislature, Regular Session, 2013.

10. Proposed Repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization the proposed repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education. The proposed repeal would eliminate rules that are no longer necessary as a result of statutory changes passed by the 83rd Texas Legislature, Regular Session, 2013. Authority to administer this program has been transferred to another state agency. Statutory authority for this action is the Senate Bill (SB) 307, Section 2.06, 83rd Texas Legislature, Regular Session, 2013, which repealed Texas Education Code (TEC), §§7.102(c)(16), 29.253, and 29.2535.

11. Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency
(First Reading and Filing Authorization)
 

This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency. The proposed revisions include amendment to 19 TAC §89.45, Retesting, repeal of 19 TAC §89.46, Examinees with Disabilities, and new 19 TAC §89.46, Accommodations. The proposed revisions would update rules for alignment with the current practice for retesting and accommodations. Statutory authority for this action is the Texas Education Code (TEC), §7.111, as amended by House Bill 2058 and Senate Bill 1536, 83rd Texas Legislature, Regular Session, 2013.

12. Adoption of Review of 19 TAC Chapter 89, Adaptations for Special Populations
(Adoption of Review)
 

Texas Government Code, §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 SBOE rules in 19 TAC Chapter 89, Adaptations for Special Populations, Subchapters A, C, and D. The rules being reviewed relate to gifted/talented education, Texas certificate of high school equivalency, and special education services and settings. The statutory authority for the rule review is the Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 89, Subchapter A, is the Texas Education Code (TEC), §29.122 and §42.156(b); for Subchapter C, the TEC, §7.111; and for Subchapter D, the TEC, §§30.003(d) and (g), 30.004(b), and 42.151(e)
and (g).

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).

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND

14. Proposed Amendments to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter D, Uniform Bank Bid or Request for Proposal and Depository Contract
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter D, Uniform Bank Bid or Request for Proposal and Depository Contract, §109.51, Uniform Depository Bank Bid or Proposal Form, and §109.52, Uniform Depository Bank Contract and Surety Bond Forms. The proposed amendment to §109.51 would remove the requirement for a school district to file its bid or proposal with the Texas Education Agency (TEA) and would add a requirement for the district to make the selected bid or proposal available to the TEA on request. The proposed amendment to §109.52 would require a school district to file a copy of its depository contract electronically with the TEA and would revise the depository contract form adopted as a figure in that section to remove the requirement that TEA staff members sign the form to indicate approval. The proposed amendment to §109.52 would also add a provision for the TEA to notify a district by email if its depository contract is incomplete and a provision stating that a district that has no depository contract in force and filed with the TEA will receive its warrants from the TEA by US mail. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(34), 45.206, and 45.208.

COMMITTEE ON SCHOOL INITIATIVES

15. Review of Proposed Amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11, Number and Content of Required Continuing Professional Education Hours 

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 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11, Number and Content of Required Continuing Professional Education Hours. The proposed amendment would be necessary as a result of House Bill (HB) 642, 83rd Texas Legislature, Regular Session, 2013, and HB 3793, 83rd Texas Legislature, Regular Session, 2013, both of which amended the Texas Education Code (TEC), §21.054. HB 642 requires classroom teachers, principals, and school counselors to earn continuing professional education (CPE) units in specific areas related to collecting and analyzing information, recognizing early warning indicators for dropouts, and educating diverse student populations. HB 3793 allows educators to fulfill up to 12 clock-hours of CPE by participating in a mental health first aid training program. The proposed amendment to 19 TAC §232.11 would establish CPE requirements that conform to HB 642 and HB 3793. The statutory authority for 19 TAC §232.11 is the TEC, §21.054.

16. Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter E, Grades 9-12 Assignments; Subchapter F, Special Education-Related Services Personnel Assignments; and Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support 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 amend 19 TAC §231.333, Principles of Arts, Audio Video Technology, and Communications, Grades 9-12; §231.481, Information Technology, Grades 9-12; §231.623, Special Education Counseling Services; Educational Diagnostician; Speech Therapy Services; and Vocational Adjustment Coordinator; and §231.643, Administrators and Other Instructional and Professional Support Personnel. The proposed amendments to 19 TAC §231.333 and 19 TAC §231.481 would be necessary as a result of House Bill (HB) 3573, 83rd Texas Legislature, Regular Session, 2013, which amended the Texas Education Code (TEC), §21.0486, to require that a person who holds a technology applications certification be authorized to teach principles of arts, audio video technology, and communications and principles of information technology. The proposed amendments to 19 TAC §231.623 and 19 TAC §231.643 would clarify that the no-longer-issued Vocational Counselor and Special Education certificates may be used for the assignments of Special Education Counseling Services and School Counselor. In addition, this item presents proposed new 19 TAC §231.645, Professional Support Personnel Requiring Other Professional License. Proposed new 19 TAC §231.645 would clarify the requirements of the TEC, §21.003(b), regarding assignments that require a professional license rather than educator certification, including licensed professional counselor as a result of Senate Bill (SB) 715, 83rd Texas Legislature, Regular Session, 2013, and marriage and family therapist, with an exception, as a result of HB 1386, 82nd Texas Legislature, Regular Session, 2011. The statutory authority for 19 TAC Chapter 231, Subchapter E, is the TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.0486. The statutory authority for 19 TAC Chapter 231, Subchapter F, is the TEC, §21.031(a) and §21.041(b)(1) and (2). The statutory authority for 19 TAC Chapter 231, Subchapter G, is the TEC, §§21.003(b), 21.031(a), and 21.041(b)(1) and (2), and the Texas Occupations Code (TOC), §401.054.

17. Review of Proposed Amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.16, Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53 

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 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.16, Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53. The proposed amendment would be necessary as a result of House Bill (HB) 798, 83rd Texas Legislature, Regular Session, 2013, which amended the Texas Occupations Code (TOC), §53.021, to define the types of misdemeanor convictions that may be pursued under the TOC. The proposed amendment to 19 TAC §249.16 would align the requirements to conform with HB 798. The statutory authority for 19 TAC §249.16 is the Texas Education Code (TEC), §21.041(b)(7) and (8) and §21.060; and Texas Occupations Code, §53.021(a) and (a-1) and §53.025.

18. 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 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, presented at the request of a State Board of Education (SBOE) member, would require coverage of specific topics during local school district orientation and continuing education and would clarify and increase the length of certain trainings. Statutory authority for this action is the Texas Education Code (TEC), §11.159.

19. Consideration of Funds for Charter School Fact Finding Trips 

This item provides an opportunity for the committee and board to consider proposed receipt of funds from a foundation for the purpose of visiting charter schools operating out of state. The proposed item would create a process for allowing board members to use monies donated by a foundation to conduct onsite visits of charter applicants. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(3).

REPORTS OF COMMITTEES REGARDING AGENDA ITEMS ON
COMMITTEE AGENDAS

Committee chairs will present information concerning agenda items presented in the committees.

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 30, 2013 

2. Registration Form for Public Testimony at State Board of Education Meetings 

3. Current Status of the Permanent School Fund 

4. 2013-2017 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 2013 through August 2017. 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.