July 2015 General Meeting

STATE BOARD OF EDUCATION
AUSTIN, TEXAS
July 17, 2015
9 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 17, 2015

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.

1. Resolutions and Presentations

Student Heroes Awards Resolution
(No Exhibit)

Resolution honoring former Chair Barbara Cargill
(No Exhibit)

Local Instructional Materials Adoption Processes
(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 Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter G, Graduation Requirements, Beginning with School Year 2012-2013
(Second Reading and Final Adoption)
 

This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter G, Graduation Requirements, Beginning with School Year 2012-2013, in order to revise course options for students to satisfy the mathematics requirement under the Minimum High School Program, Recommended High School Program, and Distinguished Achievement Program. 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, and 28.025.

4. Proposed New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed new 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources, Subchapter B, Architecture and Construction, Subchapter G, Government and Public Administration, Subchapter H, Health Science, Subchapter K, Information Technology, Subchapter L, Law, Public Safety, Corrections, and Security, Subchapter O, Science, Technology, Engineering, and Mathematics, and Subchapter P, Transportation, Distribution, and Logistics. This item also presents for second reading and final adoption proposed new 19 TAC Chapter 130, Subchapter F, Finance, §130.180, Financial Mathematics (One Credit), Adopted 2015, Subchapter I, Hospitality and Tourism, §130.256, Food Chemistry (One Credit), Adopted 2015, Subchapter M, Manufacturing, §130.362, Introduction to Welding (One Credit), Adopted 2015, §130.363, Welding I (Two Credits), Adopted 2015, §130.364, Welding II (Two Credits), Adopted 2015, §130.365, Welding II Lab (One Credit), Adopted 2015, and Subchapter N, Marketing, §130.387, Practicum in Marketing I (Two to Three Credits), Adopted 2015. The proposal recommends an implementation date of the 2017-2018 school year for the revised career and technical education (CTE) Texas Essential Knowledge and Skills (TEKS), except for the Financial Mathematics course, which recommends an implementation date of the 2015-2016 school year. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, 28.00222, and 28.025.

5. Proposed New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Relating to New Marketing and Second-level Practicum Courses
(First Reading and Filing Authorization)
 

This item presents for first reading and filing authorization proposed new 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Relating to New Marketing and Second-level Practicum Courses. The proposal would add new Texas Essential Knowledge and Skills (TEKS) for a number of new career and technical education (CTE) practicum courses and a new CTE Advanced Marketing course. The proposal would add new level II practicum courses in 19 TAC §§130.32, 130.68, 130.69, 130.70, 130.71, 130.72, 130.117, 130.118, 130.119, 130.120, 130.121, 130.122, 130.144, 130.166, 130.211, 130.234, 130.262, 130.263, 130.285, 130.313, 130.314, 130.343, 130.367, 130.388, 130.419, 130.465, 130.466 and a new Advanced Marketing course in 19 TAC §130.389. The proposal recommends an implementation date of the 2017-2018 school year. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, 28.00222, and 28.025.

6. Discussion of a Request for Proposals (RFP) for the Texas Certificate of High School Equivalency

This item provides an opportunity for the State Board of Education (SBOE) to provide input regarding a Request for Proposals (RFP) for the Texas Certificate of High School Equivalency to potentially identify multiple test providers. Statutory authority for this action is the Texas Education Code (TEC), §7.111.

7. Approval of Proclamation 2017 Questions and Answers

Proclamation 2017, issued by the State Board of Education (SBOE) in April 2015, calls for instructional materials in career and technical education, languages other than English, Special Topics in Social Studies, Statistics, and Algebraic Reasoning. Publishers and other stakeholders were given an opportunity to submit questions regarding the Texas Essential Knowledge and Skills (TEKS), the proclamation, and the review and adoption process during an online webinar held on April 2, 2015. Proclamation 2017 Questions and Answers contains questions received during the webinar and questions from previous proclamations that continue to be pertinent. The question and answer document is presented for board approval. Statutory authority for this action is the Texas Education Code (TEC), §31.022.

COMMITTEE ON INSTRUCTION

8. Proposed Amendment to 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter C, High School, §111.43, Mathematical Models with Applications, Adopted 2012 (One-Half to One Credit)
(Second Reading and Final Adoption)
 

This item presents for second reading and final adoption proposed amendment to 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter C, High School, §111.43, Mathematical Models with Applications, Adopted 2012 (One-Half to One Credit). The proposal would modify the amount of credit that could be earned for the course and eliminate language requiring a course sequence, which is inconsistent with graduation requirements. 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, and 28.025.

9. Proposed Repeal of 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, and 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter A, Middle School, and Subchapter B, High School, and proposed repeal of 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources, Subchapter B, Architecture and Construction, Subchapter C, Arts, Audio/Video Technology, and Communications, Subchapter D, Business Management and Administration, Subchapter E, Education and Training, Subchapter F, Finance, Subchapter G, Government and Public Administration, Subchapter H, Health Science, Subchapter I, Hospitality and Tourism, Subchapter J, Human Services, Subchapter K, Information Technology, Subchapter L, Law, Public Safety, Corrections, and Security, Subchapter M, Manufacturing, Subchapter N, Marketing, Subchapter O, Science, Technology, Engineering, and Mathematics, and Subchapter P, Transportation, Distribution, and Logistics. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) for career and technical education (CTE) that will be superseded by the new CTE TEKS. The proposal recommends an effective date of the 2017-2018 school year to coincide with the implementation of the new CTE TEKS. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

10. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.2, Description of a Required Elementary Curriculum, and §74.3, Description of a Required Secondary Curriculum
(Second Reading and Final Adoption)
 

This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.2, Description of a Required Elementary Curriculum, and §74.3, Description of a Required Secondary Curriculum, to align the middle school requirements with changes to the Texas Essential Knowledge and Skills (TEKS) for fine arts. 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.

11. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, and §74.26, Award of Credit
(First Reading and Filing Authorization)
 

This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, and §74.26, Award of Credit. The proposal would amend existing requirements to provide additional support and flexibility for students who are homeless or in substitute care in meeting high school graduation requirements. Statutory authority for this action is the Texas Education Code (TEC), §§7.102; 25.007, as amended by Senate Bill (SB) 1494, 84th Texas Legislature, Regular Session, 2015; 28.002; 28.023, as amended by SB 453, 84th Texas Legislature, Regular Session, 2015; and 28.025.

12. Approval of Exceptions of Standards and Specifications Requirements for Products Adopted under Proclamation 2015 

The State Board of Education (SBOE) adopted instructional materials called for in Proclamation 2015 in November 2014. Administrative rules in 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, §66.7, Manufacturing Standards and Specifications, require that all adopted instructional materials comply with the standards in the Manufacturing Standards and Specifications for Textbooks (MSST). Some publishers have requested exemptions to specific standards. This item provides an opportunity for the SBOE to approve these exceptions to the requirements in order to allow the materials to remain in the EMAT system and available for district ordering. Statutory authority for this action is the Texas Education Code (TEC), §31.022 and 31.023.

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND

13. Proposed Amendment 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, §33.65, Bond Guarantee Program for School Districts
(First Reading and Filing Authorization)
 

This item presents proposed amendment 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, §33.65, Bond Guarantee Program for School Districts. The proposed amendment would modify the definition of nationally recognized investment rating firm and exclude student and teacher housing from the projects eligible for a guarantee under the definition of new money issue. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(33) and §45.063, and the Texas Constitution, Article VII, Section 5.

14. Proposed Amendment 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, §33.67, Bond Guarantee Program for Charter Schools
(First Reading and Filing Authorization)
 

This item presents proposed amendment 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, §33.67, Bond Guarantee Program for Charter Schools. The proposed amendment would modify the definition of nationally recognized investment rating firm and exclude student and teacher housing from the projects eligible for a guarantee under the definition of new money issue. The proposed amendment would also require the commissioner to maintain a 5.0% reserve so that charter school guarantees do not exceed capacity as the value of the fund changes and new guarantees in process are issued. In addition, the proposed amendment would specify additional requirements for a charter district relating to the fulfillment of financial obligations and the classification of property purchased or improved with bond proceeds that is serviced with state funds. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(33) and §45.063, and the Texas Constitution, Article VII, Section 5.

COMMITTEE ON SCHOOL INITIATIVES

15. Review of Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.9, Fees for Educator Preparation Program Approval and Accountability, and Chapter 230, Professional Educator Preparation and Certification, Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services, and §230.103, E-Pay Supplemental Fee 

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 Chapter 229, Accountability System for Educator Preparation Programs, §229.9, Fees for Educator Preparation Program Approval and Accountability, and Chapter 230, Professional Educator Preparation and Certification, Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services, and §230.103, E-Pay Supplemental Fee. As part of its report to the 83rd Texas Legislature, Regular Session, 2013, the Sunset Advisory Commission recommended a management action that fees in rule for educator certification and educator preparation programs (EPPs) be evaluated and adjusted to cover costs and ensure equity. The proposed amendments to 19 TAC §§229.9, 230.101, and 230.103 would adjust certain fees to more adequately cover costs and increase the equity of fees across different types of fee payers. The statutory authority for 19 TAC §§229.9, 230.101, and 230.103 is the Texas Education Code (TEC), §21.041(c) and (d), and Texas Occupations Code, §53.105.

16. Review of the Commissioner of Education’s Generation 20 Charter Proposals

This item provides the committee an opportunity to review the commissioner’s list of proposed Subchapter D open-enrollment charter schools scheduled to open in school year 2016-2017. If awarded, the charters will have an initial five-year term with a July 31, 2021 contract end date. Statutory authority for this action is the Texas Education Code (TEC), §12.101.

17. Long-Range Plan for Public Education

This item provides the board with the ability, if needed, to update the process for developing the long-range plan for public education. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c).

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 April 17, 2015

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. This item also informs the SBOE that 19 TAC Chapter 102, Educational Programs, Subchapter A, Grants, §102.1, State Engineering and Science Recruitment Fund (SENSR) Grant Program, is no longer subject to rule review since the rule's authorizing statute was repealed by Senate Bill (SB) 215, 83rd Texas Legislature, Regular Session, 2013.

5. Review of Annual Audit Plan of the Division of Financial Compliance for 2015-2016 School Year 

This item covers the annual audit plan of the Division of Financial Compliance for the 2015-2016 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.

6. State Board of Education Meeting Schedule for 2016
 

According to the Texas Education Code, §7.106, the State Board of Education (SBOE) is to hold four meetings a year in Austin, Texas 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 2016.