September 2019 SBOE General Meeting

OFFICIAL AGENDA

STATE BOARD OF EDUCATION
AUSTIN, TEXAS

September 13, 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, June 14, 2019

1.    Resolutions and Presentations

Resolution honoring the 2019 Heroes for Children

Commissioner’s comments and presentation

Resolution honoring outgoing State Board of Education chair 

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 at 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.    Ad Hoc Committee Recommendations Related to the Instructional Materials Quality Evaluation

The State Board of Education (SBOE) created an ad hoc committee to review the Instructional Materials Quality Evaluation (IMQE) process.  The committee will share its findings and recommendations regarding the IMQE process. Statutory authority for this action is the Texas Education Code (TEC), §§31.022, 31.081, and 31.082.                             
4.    Approval of Proclamation 2021 Questions and Answers  

Proclamation 2021, issued by the State Board of Education (SBOE) in June 2019, calls for prekindergarten systems. Publishers and other stakeholders were given an opportunity to ask questions at a  Proclamation 2021 introduction meeting held in May 2019 and encouraged to submit additional questions through email. Questions from publishers were added to existing questions common to all proclamations, and the resulting question and answer document for Proclamation 2021 is presented for SBOE approval. Statutory authority for this action is the Texas Education Code (TEC), §31.022.   
       
5.    Proposed Revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization 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, and 31.035, and House Bill (HB) 3526, Section 5, 85th Texas Legislature, Regular Session, 2017.   
       
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 take action regarding the schedule for the review and revision of the TEKS and the instructional materials adoption cycle. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

COMMITTEE ON INSTRUCTION

7.    Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders
(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, §74.28, Students with Dyslexia and Related Disorders. The proposed amendment would require each school district and open-enrollment charter school to report to the Texas Education Agency (TEA) the results of the required screening for dyslexia and related disorders for students in Kindergarten and Grade 1 in accordance with Texas Education Code (TEC), §38.003(a). No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(28) and §38.003(a) and (c).

8.    Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.30, Identification of Honors Courses
(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, §74.30, Identification of Honors Courses. The proposed amendment would update the list of languages other than English (LOTE) courses designated as honors courses to align with recent changes to the LOTE Texas Essential Knowledge and Skills (TEKS). No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §33.081. 

9.    Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27, Innovative Courses and Programs 
(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, §74.27, 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.  Statutory authority for this action is the Texas Education Code (TEC), §28.002(f).

10.    Approval of Update of Instructional Materials for ThinkCERCA 

This item provides an opportunity for the committee and board to confirm content changes approved at the June 2019 State Board of Education (SBOE) meeting were made in ThinkCERCA, Texas Edition, for English language arts and reading, grades 6–8. Statutory authority for this action is the Texas Education Code (TEC), §31.003 and §31.022.

11.    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.

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND

12.    Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization 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' instructional day. Statutory authority for this action is the Texas Education Code (TEC), §48.004 and §12.106.

COMMITTEE ON SCHOOL INITIATIVES 

13.    Proposed Amendment 19 TAC Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners
(Second Reading and Final Adoption)

This item presents for second reading and final adoption  proposed amendment to 19 Texas Administrative Code (TAC) Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners. The proposed amendment would allow the commissioner of education to take action against the certificate of an independent hearing examiner if it is determined that the law firm with which the independent hearing examiner is associated, during the time the independent hearing examiner has been certified, meets specified criteria.  No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §21.252.

14.    Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter H, Assignments for Teachers Certified Before 1966

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 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter H, Assignments for Teachers Certified Before 1966. The proposed revisions would incorporate courses approved by the SBOE, would update the list of credentials appropriate for placement into an assignment, would make technical edits, and would delete an outdated subchapter. Statutory authority for this action is Texas Education Code (TEC), §§21.003(a), 21.031(a), and 21.041(b)(1)-(2).

15.    Review of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions, Subchapter C, Assessment of Educators, §230.21, Educator Assessment, Subchapter D, Types and Classes of Certificates Issued, §230.36, Intern Certificates, and §230.37, Probationary Certificates, and Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services

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 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions, Subchapter C, Assessment of Educators, §230.21, Educator Assessment, Subchapter D, Types and Classes of Certificates Issued, §230.36, Intern Certificates, and §230.37, Probationary Certificates, and Subchapter G, Certificate Issuance Procedures, §230.101, Schedule of Fees for Certification Services. The proposed amendments would update the figure specifying required tests for issuance of the standard certificate; would create new requirements for issuance of intern and probationary certificates for the proposed new intensive pre-service option; as currently proposed in Chapter 228, Requirements for Educator Preparation Programs; would update the list of certification testing fees to include the performance-based assessment, edTPA, and content certification (subject-matter only) examinations; would provide technical edits; and would remove redundancies. Statutory authority for this action is 19 TAC §230.1 is the Texas Education Code (TEC), §§21.041(b)(1), (2), and (4) and (c), 21.044(a); 21.048, 21.050, and 22.082. The statutory authority for 19 TAC §230.21 is the TEC, §§21.041(b)(1), (2), and (4); 21.044(a); 21.048; 21.050; 22.082; and the Texas Occupations Code (TOC), §54.003. The statutory authority for 19 TAC §230.36 and §230.37 is the TEC, §§21.003(a), 21.031, 21.041(b)(1)-(5) and (9), 21.051, and 22.0831(c) and (f). The statutory authority for 19 TAC §230.101 is the TEC, §§21.031(a); 21.041(b)(1)-(5) and (9) and (c); 21.044(a), (e), and (f); 21.048, 21.0485, 21.050, 21.054(a); 22.082; and 22.0831(f); and TOC, §53.105. 

16.   Review of Proposed Revisions 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 revisions to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed revisions would establish requirements for an optional intensive pre-service preparation and certification pathway, for educator preparation program (EPP) name changes, and for a candidate seeking certification in two categories to have clinical teaching in both. A technical edit would correct an accreditation status reference. The statutory authority for 19 TAC Chapter 228 is the Texas Education Code (TEC), §§21.031; 21.041(b)(1) and (2); 21.044; 21.0442(c); 21.0443; 21.0453; 21.0454; 21.0455; 21.046(b); 21.0485; 21.0487(c); 21.0489(c); 21.049(a); 21.0491; 21.050; 21.051; and the Texas Occupations Code (TOC), §55.007.

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

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 2020

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 2020.

Contact Information

SBOE Support
Email: sboesupport@tea.texas.gov
Phone: (512) 463-9007
Fax: (512) 936-4319