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September 2018 SBOE General Meeting

STATE BOARD OF EDUCATION
AUSTIN, TEXAS

September 14, 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, June 15, 2018

1. Resolutions and Presentations


World War I Centennial Commemoration
(No Exhibit)

Long-Range Plan for Public Education Steering Committee Resolution

Heroes for Children Award Presentation and Resolution

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. Adoption of Long-Range Plan for Public Education


This item presents for review and adoption the proposed Long-Range Plan for Public Education, which sets educational goals through the year 2030. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(1) and 32.001(a)(1)-(4).

4. Proposed New 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit)
(Second Reading and Final Adoption)


This item presents for second reading and final adoption proposed new 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit). The proposal would add Texas Essential Knowledge and Skills (TEKS) for a new high school social studies course 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) and §28.002.

5. Proposed Revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, and Proposed Repeal of 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and its Benefits
(First Reading and Filing Authorization)


This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and Subchapter D, Other Social Studies Courses, and proposed repeal of 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, Subchapter A, High School, and Subchapter B, Other Economic Courses. The proposed revisions would streamline the social studies standards. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

COMMITTEE ON INSTRUCTION

6. Proposed Repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses
(Second Reading and Final Adoption)


This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses. The proposal would repeal a rule that is outdated and no longer necessary. No changes to the repeal of §113.70 are recommended since approved for first reading. Statutory authority is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

7. Approval of Proposed Updates to the Dyslexia Handbook, Procedures Concerning Dyslexia and Related Disorders, Revised 2014

This item provides the opportunity for the committee and board to review and approve the recommended updates to the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders to align the handbook with recent legislative changes. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(28) and §38.003, as amended by House Bill (HB) 1886, 85th Texas Legislature, Regular Session, 2017.

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


This item presents for first reading and filing authorization a proposed amendment to
19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders, to adopt in rule as a figure the updated Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders (Dyslexia Handbook). Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(28) and §38.003.

9. 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).

10. Consideration of Petition for Adoption of Rule Concerning a Requirement for School Uniforms

A petition to adopt a rule requiring that all Texas students wear school uniforms has been received from Ms. Brittany Clark. This item provides the opportunity for the State Board of Education (SBOE) to consider the petition. The statutory authority for this action is Texas Government Code (TGC), §2001.021 and 19 TAC §30.1.

COMMITTEE ON SCHOOL INITIATIVES

11. Review of 19 TAC Chapter 233, Categories of Classroom Teaching Certificates


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 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would implement legislation from the 85th Texas Legislature, Regular Session, 2017, to establish new certificates for Early Childhood Prekindergarten-Grade 3 and Trade and Industrial Workforce Training: Grades 6-12; would specify procedures for an interested party to request an additional foreign language certificate; and would identify any additional requirements to obtain certification and/or be eligible to teach specific courses. Additional proposed amendments and technical changes would provide clarification for consistent application of these rules, would remove duplicative language specifying assignments into which certificate holders are eligible to be placed, and would establish consistent information related to the classroom certificates issued by the SBEC. The statutory authority for 19 TAC Chapter 233 is the Texas Education Code (TEC), §§ 21.003(a); 21.031; 21,041(b)(1)-(4) and (6); 21.044(e) and (f); 21.048(a); 21.0442; and 21.0491, as added by House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017; and 21.0489, as added by Senate Bill (SB) 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017.

12. Review of Proposed Amendments to 19 TAC Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, and 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 action that would propose amendments to 19 TAC Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, and Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment to §250.1 would reflect a technical change that would update in rule relevant cross references to the state’s Historically Underutilized Business (HUB) program. The proposed amendment to §250.20 would implement legislation from the 84th Texas Legislature, 2015, to update the petition form for adoption of rules or rules changes to require the petitioner to indicate that the petitioner meets one of four definitions of an interested person. The statutory authority for 19 TAC Chapter 250 Subchapter A, §250.1 is the Texas Education Code (TEC), §§21.035(b), 21.041(6), and 21.041(a) and Texas Government Code (TGC), §2161.003. The statutory authority for Subchapter B, §250.20, is the TEC, §21.035(b) and §21.041(a) and (b)(1), and TGC, §2001.021, as amended by House Bill 763, 84th Texas Legislature, 2015.

13. Review of Proposed Amendments to 19 TAC Chapter 247, Educators’ Code of Ethics

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 amendments to 19 TAC Chapter 247, Educators’ Code of Ethics. The proposed amendment to 19 TAC §247.1 would add the definition of “sexual harassment” and “under the influence of alcohol.” The proposed amendment to 19 TAC §247.2 would make educators who act recklessly in diverting money for personal gain or misrepresenting the educator’s employment history subject to discipline by the SBEC, would clarify language regarding an educator’s illegal use of drugs, and would add a standard regarding educator-on-educator workplace sexual harassment. The proposed amendment to 19 TAC §247.2 would also strike Standard 1.14 (a prohibition on assisting an educator with getting a new job when the educator had an inappropriate relationship with a student or minor) with the intent to move that provision to 19 TAC §249.15. The statutory authority for 19 TAC Chapter 247 is the Texas Education Code (TEC), §21.031(a) and §21.041(a) and (b)(1), (7), and (8); and Every Student Succeeds Act (ESSA), 20 United States Code (USC), §7926.

14. Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.3, Definitions, §249.5 Purpose; Policy Governing Disciplinary Proceedings; and Subchapter B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification

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 Texas Administrative Code (TAC) Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, and Subchapter B, Enforcement Actions and Guidelines. The proposed amendments to 19 TAC §§249.3, Definitions, 249.5, Purpose; Policy Governing Disciplinary Proceedings, and 249.15, Disciplinary Action by State Board for Educator Certifications, would add language creating a legal presumption based on an educator’s violation of written directives from school administrators regarding the educator’s behavior toward a student. This presumption would be included in the definition of “solicitation of a romantic relationship,” and in the rules that define and address the term “unworthy to instruct or to supervise the youth of this state.” The proposed amendments also would add the existing prohibition on assisting an educator with getting a new job when the educator had an inappropriate relationship with a student or minor to the list of reasons the SBEC can take disciplinary action. This provision is intended to comply with both the Every Student Succeeds Act (ESSA), 20 United States Code (USC), §7926, and Texas Education Code (TEC), §21.009(e), and proposed to be stricken from 19 TAC Chapter 247, Educators’ Code of Ethics. The statutory authority for the proposed amendments to 19 TAC §§249.3, 249.5, and 249.15, is the TEC, §§21.009, 21.031(a), 21.035, 21.041, and 21.060; and ESSA, 20 USC, §7926.

15. Review of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs

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 Academic Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 7 and 1839 and House Bills (HBs) 2039, 3349, and 1963, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations. The statutory authority for 19 TAC Chapter 228 is the Texas Education Code (TEC), §§21.031; 21.041(b)(1); 21.044, as amended by SB 7, SB 1839, and SB 1963, 85th Texas Legislature, Regular Session, 2017; 21/0442(c), as added by HB3349, 85th Texas Legislature, Regular Session, 2017; 21.0443; 21.0453; 21.0454; 21.0455; 21.046(b); 21.0485; 21.0487(c); 21.0489(c), as added by SB 1839, and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.050(b) and (c); 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session; and the Texas Occupation Code (TOC), §55.007.

STATE BOARD OF EDUCATION

16. Ethics Training


This item will provide State Board of Education (SBOE) members with a discussion of the ethics statutes and rules that apply to SBOE members. Statutory authority is the Texas Education Code (TEC), §43.0031 and 19 TAC §33.5(s).

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
Public testimony information begins on page V-7.

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. State Board of Education Meeting Schedule for 2019

According to the Texas Education Code, §7.106, the State Board of Education (SBOE) is to hold four meetings a year in Austin on dates determined by the chair. The SBOE may also hold other meetings as may be called by the chair. The purpose of this item is to announce SBOE meeting dates in 2019.