January 2020 SBOE General Meeting Agenda

OFFICIAL AGENDA

STATE BOARD OF EDUCATION
AUSTIN, TEXAS

January 31, 2020
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 15, 2019

1.    Resolutions and Presentations

Award presented to the Milken National Educator Award Recipient

Resolutions and presentations of Presidential Awards for Excellence in Mathematics and Science Teaching
     Resolution honoring 2019 PAEMST finalists
     Resolution honoring 2017 PAEMST awardees
     Resolution honoring 2018 PAEMST awardees

Resolution honoring recipients of the Employers for Education Excellence Award

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 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.    One-Time Procedural Action to Correct Amendment to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials

At the November 15, 2019 meeting, the State Board of  Education (SBOE) approved 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. In response to public comment, the SBOE voted to amend 19 TAC §66.28(d)(2). For the rules to comply with the intent of the SBOE, the amendment should have been made to 19 TAC §66.28(d)(7). This item requests that the SBOE take a one-time action to amend the motion made at the November 15, 2019 meeting to reinstate the sentence "Samples of submitted prekindergarten materials must match the format of the products to be provided to schools upon ordering" in §66.28(d)(2) and remove the sentence "Samples of adopted prekindergarten materials must match the format of the products to be provided to schools upon ordering" from §66.28(d)(7). Statutory authority for this action is the Texas Education Code (TEC), §§31.002, 31.003; 31.023, and 31.035, and House Bill (HB) 3526, Section 5, 85th Texas Legislature, Regular Session, 2017.

4.    Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements
(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, §74.11, High School Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements. The proposed amendments would update the rules to align with the requirements of House Bill (HB) 678, 86th Texas Legislature, 2019, and revisions to career and technical education (CTE) programs of study. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a) and (c-1).         

5.    Proposed Revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, and Subchapter D, Other Social Studies Courses
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed revisions to 19 Texas Administrative Code (TAC), Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, and Subchapter D, Other Social Studies Courses, to add Texas Essential Knowledge and Skills (TEKS) for a new African American studies ethnic studies course, to renumber sections, and to update references to course numbers and titles to reflect recent revisions to the social studies TEKS. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a).

6.    Proposed Revisions to 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed revisions to 19 Texas Administrative Code (TAC) Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, and Subchapter D, Other Technology Applications Courses, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources, Subchapter C, Arts, Audio/Video Technology, and Communications, Subchapter K, Information Technology, and Subchapter O, Science, Technology, Engineering, and Mathematics, and Subchapter Q, Energy. The proposed revisions would update the Texas Essential Knowledge and Skills (TEKS) to align with recent legislation requiring the board to consolidate high school technology applications TEKS into career and technical education (CTE) TEKS and eliminate TEKS for duplicative courses. The proposed revisions would also update the TEKS for CTE to add a new career cluster in energy to align with revised programs of study. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a).

7.    Amendments to Proclamation 2021 of the State Board of Education Advertising for Bids on Instructional Materials 

This item provides an opportunity for the State Board of Education (SBOE) to amend Proclamation 2021 to reflect revisions to 19 Texas Administrative Code (TAC) Chapter 66, State Adoption of Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials adopted by the SBOE in November 2019. Proclamation 2021 calls for instructional materials for prekindergarten. Statutory authority for this action is the Texas Education Code (TEC), §31.022.

8.    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).

9.    Proposed New 19 TAC Chapter 61, School Districts, Subchapter B,  Special Purpose School Districts, §61.101, Applicability of State Law for Special Purpose School Districts
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed new 19 Texas Administrative Code (TAC), Chapter 61, School Districts, Subchapter B, Special Purpose School Districts, §61.101, Applicability of State Law for Special Purpose School Districts, to identify provisions of the Texas Education Code (TEC) that are not applicable to the special-purpose school districts operated by Texas Tech University and The University of Texas at Austin. Statutory authority for this action is the Texas Education Code (TEC), §11.351.

COMMITTEE ON INSTRUCTION

10.    Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.26, Award of Credit
(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 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. 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 §28.025(a).

11.    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
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed amendments to 19 Texas Administrative Code (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, to revise the Texas Essential Knowledge and Skills (TEKS) for music to align with current International Baccalaureate (IB) course offerings in music. 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(a) and (c), and 28.025(a).

12.    Proposed Repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, §§110.30-110.34, and Subchapter D, Other High School English Language Arts and Reading Courses, §110.85, and Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School, §§128.30-128.32
(First Reading and Filing Authorization)
 

This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, §§110.30-110.34, and Subchapter D, Other High School English Language Arts and Reading Courses, §110.85, and Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School, §§128.30-128.32. The proposed repeals would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 2009 for high school English and Spanish language arts and reading and English as a second language and related implementation language that will be superseded by new 19 TAC §§110.35-110.39 and §§128.33-128.35 beginning with the 2020-2021 school year. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a). 

13.    Adoption of Review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations 
(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 review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations. The rules being reviewed establish procedures for the adoption, purchase, and distribution of instructional materials. The statutory authority for the rule review is the Texas Government Code (TGC), §2001.039. The statutory authority for 19 TAC Chapter 66, Subchapters A-C, is the Texas Education Code (TEC), §§7.102(c)(23), 31.002, 31.003, 31.023, 31.035, and House Bill (HB) 3526, Section 5, 85th Texas Legislature, Regular Session, 2017.

14.    Approval of Substitution of Instructional Materials for Origo Education
 

Origo Education is requesting approval to substitute new editions for six of its adopted products for math: Stepping Stones Student Journal Kindergarten, Stepping Stones Student Journal Grade 1, Stepping Stones Student Journal Grade 2, Stepping Stones Student Journal Grade 3, Stepping Stones Student Journal Grade 4, and Stepping Stones Student Journal Grade 5. The substitutions have been reviewed by agency staff 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.

15.    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

16.    Proposed Repeal of 19 TAC Chapter 105, Foundation School Program, Subchapter B, Use of State Funds
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 105, Foundation School Program, Subchapter B, Use of State Funds, §105.11, Maximum Allowable Indirect Cost, and §105.12, Basic Allotment. The proposed repeal would implement House Bill (HB) 3, 86th Texas Legislature, 2019, which removed the State Board of Education's (SBOE's) rulemaking authority related to maximum allowable indirect costs and the basic allotment for the Foundation School Program (FSP). Statutory authority for this action is the Texas Education Code (TEC), §48.004.

17.    Proposed Amendments to 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, Subchapter A, State Board of Education Rules 
(Second Reading and Final Adoption)
 

This item presents for second reading and final adoption 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. No changes are recommended since approved for first reading. 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 (NRC), §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.

COMMITTEE ON SCHOOL INITIATIVES 

18.    Proposed Amendments to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship
(Second Reading and Final Adoption)

This item presents for second reading and final adoption 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.
 
19.    Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines

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. The proposed amendments would implement House Bill (HB) 3, Senate Bills (SBs) 1230, 1476, and 37, 86th Texas Legislature, 2019, by reflecting new reporting requirements for superintendents, principals, and directors of public schools and private school administrative officers; adding individuals listed on the registry of persons ineligible to work in public schools to the people that must be fired or refused employment by a certified educator; and removing the reference to student loan default as a ground for discipline by the SBEC. The proposed amendments would also make technical changes to improve the readability of provisions and to align citations. The statutory authority for 19 TAC Chapter 249, Subchapter B, is TEC, §§21.006(a), (b), (b–1), (b–2), (c), (c–1), (c–2), as amended by HB 3 and SB 1476, 86th Texas Legislature, 2019, (f), (g), (g–1), as added by HB 3 and SB 1476, 86th Texas Legislature, 2019; and (i), as amended by HB 3, 86th Texas Legislature, 2019; 21.0062, as added by SB 1230, 86th Texas Legislature, 2019; 21.007; 21.009(e); 21.031(a); 21.035; 21.041; 21.058; 21.0581; 21.060; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.085, as amended by HB 3, 86th Texas Legislature, 2019; 22.087; 22.092, as added by HB 3, 86th Texas Legislature, 2019; and 22.093, as added by HB 3, 86th Texas Legislature, 2019; Texas Government Code, §411.090 and §2001.058(e); Texas Family Code (TFC), §261.308(d) and (e) and §261.406(a) and (b), as amended by SB 1231, 86th Texas Legislature, 2019; Texas Occupations Code (TOC), §§53.021(a), as amended by SB 1342, 86th Texas Legislature, 2019; 53.022 and 53.023, as amended by SB 1342, 86th Texas Legislature, 2019, 53.024, 53.025, 53.051, as amended by SB 1342, 86th Texas Legislature, 2019, 53.052, and 56.003, as amended by SB 37, 86th Texas Legislature, 2019; and the Every Student Succeeds Act (ESSA), 20 United States Code (USC), §7926.

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, September 13, 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

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.    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 2018-2019 audit plan, and the status of reports on the division’s reviews.