November 2019 SBOE General Meeting Agenda
OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
November 15, 2019
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, September 13, 2019
1. Resolutions
Resolution honoring the 2019 National Geographic GeoBee Winner
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.
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 proposed revisions to 19 Texas Administrative Code (TAC) Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials. The proposed revisions would update rules related to state review and adoption of instructional materials. Statutory authority for this action is the Texas Education Code (TEC), §§31.002, 31.003; 31.023, 31.035, and House Bill (HB) 3526, Section 5, 85th Texas Legislature, Regular Session, 2017.
This item provides the opportunity for the State Board of Education (SBOE) to adopt materials submitted for review in response to Proclamation 2020. The board issued Proclamation 2020 in April 2018, calling for materials in high school English language arts and reading and English for speakers of other languages. Products submitted in response to Proclamation 2020 were reviewed in the summer of 2019. This item presents the final report from the commissioner of education regarding the coverage of the Texas Essential Knowledge and Skills (TEKS) and English Language Proficiency Standards (ELPS), alleged factual errors, and information regarding whether a publisher on the list has previously refused to rebid instructional materials. Statutory authority for this action is the Texas Education Code (TEC), §31.023 and §31.024.
5. Ratification of Texas Essential Knowledge and Skills Coverage in Materials Submitted for the Texas Resource Review
This item provides the opportunity for the State Board of Education (SBOE) to ratify the report from the Texas Essential Knowledge and Skills (TEKS) review committees regarding materials that were submitted for the Texas Resource Review. This item presents the final report from the commissioner of education regarding the coverage of the TEKS and English Language Proficiency Standards (ELPS). Statutory authority for this action is the Texas Education Code (TEC), §31.081 and §31.082.
6. 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). The item also provides the opportunity for the board to provide additional guidance to TEKS and ELPS review work groups. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c); and 28.025(a).
COMMITTEE ON INSTRUCTION
This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27, Innovative Courses and Programs. The proposed amendment would update the rule to modify the requirements for approval of innovative courses, specify that innovative courses cannot be approved if they substantially duplicate the content of Texas Essential Knowledge and Skills (TEKS)-based courses, and add requirements for review of ethnic studies innovative courses approved by the commissioner. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §28.002(f).
8. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.26, Award of Credit
(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, §74.26, Award of Credit. The proposed amendment would update the rule to clarify that a district may award credit proportionately for successful completion of half of a course regardless of the time duration of the course. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(4) and §28.025(a).
9. Proposed Amendments to 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, §117.312, Music, Level III (One Credit), Adopted 2013; §117.313, Music, Level IV (One Credit), Adopted 2013; and §117.314, Music Studies (One Credit), Adopted 2013
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendments to 19 Texas Administrative Code (TAC) Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, lHigh School, §117.312, Music, Level III (One Credit), Adopted 2013; §117.313, Music, Level IV (One Credit), Adopted 2013; and §117.314, Music Studies (One Credit), Adopted 2013, to revise the Texas Essential Knowledge and Skills (TEKS) for music to align with current International Baccalaureate (IB) course offerings in music. 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. Approval of Update of Instructional Materials for EDUSPARK, Inc.
EDUSPARK, Inc. is requesting approval to update content in four of its adopted products for Spanish language arts and reading: Lengua, Ritmo y Cultura Kindgergarten; Lengua, Ritmo y Cultura 1; Lengua, Ritmo y Cultura 4; and Lengua, Ritmo y Cultura 5. 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.
11. Texas Certificate of High School Equivalency
This item provides an opportunity for the committee and board to discuss the final extension to the test vendor contracts for the Texas Certificate of High School Equivalency. The initial three-year contracts allowed for two one-year extensions. The first contract extension expires on August 31, 2020. The final extension would expire on August 31, 2021. Statutory authority for this action is the Texas Education Code (TEC), §7.111.
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
This item presents for second reading and final adoption proposed amendment to 19 Texas Administrative Code (TAC) Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes. The proposed amendment would update the rule to allow districts and charter schools flexibility for selecting an official attendance-taking time during the campus's instructional day. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §48.004 and §12.106.
This item presents for first reading and filing authorization proposed amendments to 19 Texas Administrative Code (TAC) Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, Subchapter A, State Board of Education Rules. The proposed amendments would reorganize references to the Permanent School Fund (PSF) distribution policy, include references to new authority and duties assigned by the 86th Texas Legislature, 2019, and address permissible fixed income investments. Statutory authority for this action is the Texas Constitution, Article VII, §5(a) and (f); Texas Education Code (TEC), §43.001; TEC, §43.0052, as added by House Bill (HB) 4388, 86th Texas Legislature, 2019; and Texas Natural Resources Code, §32.012, as amended by Senate Bill (SB) 608, 86th Texas Legislature, 2019; §32.0161, as added by SB 608, 86th Texas Legislature, 2019; and §32.068 and §51.414, as added by HB 4388, 86th Texas Legislature, 2019.
14. Review and Determine the List of Nominees for Appointment to the School Land Board
This item provides an opportunity for the committee and board to review and determine the list of nominees to be considered by the governor for appointment to the School Land Board. Statutory authority for this action is the Texas Constitution, Article VII, §2 and §5, the Natural Resource Code (NRC), §32.012 and §32.013, and 19 Texas Administrative Code (TAC) Chapter 33.
COMMITTEE ON SCHOOL INITIATIVES
This item presents for first reading and filing authorization proposed amendments to 19 Texas Administrative Code (TAC) Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship. The proposed amendment to §61.1 would reflect changes made by House Bill (HB) 3 and HB 403, 86th Texas Legislature, 2019, to the State Board of Education's (SBOE's) duty to provide training courses for independent school district trustees. The proposed amendment to §61.2 would address the required number of nominees for trustee candidates for military reservation districts. Statutory authority for this action is the Texas Education Code (TEC), §11.159, as amended by HB 403, 86th Texas Legislature, 2019; TEC, §11.185 and §11.186, as added by HB 3, 86th Texas Legislature 2019; and TEC, §11.352.
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 234, Military Service Members, Military Spouses, and Military Veterans. The proposed revisions would implement Senate Bill (SB) 1200, 86th Texas Legislature, 2019. The proposed revisions would allow military spouses licensed in other states, and in good standing, to teach in Texas with the credential issued by another state. Additional revisions would streamline the credentials review and certificate issuance process for all members of the military community (military service members, military spouses, and military veterans). The statutory authority for 19 TAC Chapter 234 is the Texas Education Code (TEC), §§21.041(b)(2) and (4); 21.044(a); 21.052(b-1), (c), and (d-1); and Texas Occupations Code (TOC), §§55.001; 55.002; 55.003; 55.004; 55.0041, as added by SB 1200, 86th Texas Legislature, 2019; 55.005; 55.006; 55.007; 55.008; and 55.009.
17. Review of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to 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 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 3349, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would add clarification for select definitions, would add language for admission requirements for the Early Childhood–Grade 3 (EC–3) and Trade and Industrial Workforce Training: Grades 6–12 certificates, and would clarify the implementation date in Subchapter A. The proposed amendments would implement subject-matter-only assessments to be used for the Pre-Admission Content Test (PACT) in lieu of the current examination that tests an applicant's knowledge of both content and pedagogy prior to admission to an educator preparation program (EPP). The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations. The statutory authority for this action is the Texas Education Code (TEC), §§21.031; 21.041(b)(1), (4), and (6); 21.044(a), (g)(2), and (g)(3); 21.0441; 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.050(a); 22.083; and 22.0835; and Texas Occupations Code (TOC), §53.151–§53.153, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017.
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 229, Accountability System for Educator Preparation Programs. The proposed amendments would provide for commendations for high-performing educator preparation programs (EPPs); would adopt the accountability manual into rule; would adjust the performance standard for the accountability indicator for the pedagogy and professional responsibility (PPR) examinations; would clarify performance standards; would clarify the determination of EPP, certification class, or category accreditation status; would allow for the SBEC to require EPP action plans; and would allow for a contested case hearing of a certification class or category. Technical changes would also remove outdated provisions, clarify processes, and update language to align with other chapters. Statutory authority for 19 TAC Chapter 229 is the Texas Education Code (TEC), §§21.041(a), (b)(1), and (d); 21.043(b) and (c), as amended by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017; 21.0441(c) and (d); 21.0443; 21.045, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; 21.0451; and 21.0452.
19. Review of Proposed Repeal of 19 TAC Chapter 239, Student Services Certificates, Subchapter E, Master Teacher Certificate
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 the repeal of 19 Texas Administrative Code (TAC) Chapter 239, Student Services Certificates, Subchapter E, Master Teacher Certificate. The proposed repeal of 19 TAC Chapter 239, Subchapter E, would implement the requirements of House Bill 3 (HB 3), 86th Texas Legislature, 2019. HB 3 requires that effective September 1, 2019, the SBEC can no longer issue or renew master teacher certificates. HB 3 also specifies that master teacher certificates will be designated as "legacy" certificates and recognized for assignment purposes until they expire. Statutory authority for the repeal of 19 TAC Chapter 239, Subchapter E, is HB 3, 86th Texas Legislature, 2019, Article 4, Repealer, Section 4.001(a)(2)-(5) and Texas Education Code (TEC), §21.064, as amended by HB 3, 86th Texas Legislature, 2019.
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
(Board agenda page V-25)
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.