January 2022 Committee on School Initiatives

THURSDAY
January 27, 2022

9:00 a.m.

COMMITTEE ON SCHOOL INITIATIVES – Room 1-111

Members: Matt Robinson, chair; Aicha Davis, vice chair; Ruben Cortez, Jr; Will Hickman; Jay Johnson. A quorum of the State Board of Education may attend the committee meeting and discuss items on the committee agenda.

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.

1. Approval of Special Purpose School District Advisory Board Member for University of Texas at Austin High School

This item provides an opportunity for the board to consider a nominee from The University of Texas (UT) at Austin High School to serve as a member of the district advisory board for UT Austin High School. Statutory authority is the Texas Education Code (TEC), §11.351.

COMMITTEE – ACTION
SBOE – CONSENT

2. Recommendation for One Appointment to the Boys Ranch Independent School District Board of Trustees

This item provides an opportunity for the board to consider one appointment to the board of trustees of Boys Ranch Independent School District (ISD). The appointment is necessary because one board member has resigned. Statutory authority is the Texas Education Code (TEC), §11.352.

COMMITTEE – ACTION
SBOE – CONSENT

3. Recommendation for Reappointments to the Randolph Field Independent School District Board of Trustees

This item provides an opportunity for the board to consider two reappointments to the board of trustees of Randolph Field Independent School District (ISD). The reappointments are necessary due to the expiration of the terms of office of two board members. Statutory authority is the Texas Education Code (TEC) 11.352.

4. Proposed New 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.3, School Safety Training for School Board Members
(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 A, Board of Trustees Relationship, §61.3, School Safety Training for School Board Members. The proposed new rule would reflect changes made by House Bill (HB) 690, 87th Texas Legislature, Regular Session, 2021, to the State Board of Education's (SBOE's) duty to provide training courses for independent school district trustees. Statutory authority is the Texas Education Code (TEC), §11.159(b-1), as added by HB 690, 87th Texas Legislature, Regular Session, 2021.

COMMITTEE – ACTION
SBOE – CONSENT

5. Open-Enrollment Charter School Generation 27 Application Updates

The director of the Division of Charter School Authorizing and Administration will provide updates regarding the Generation 27 Open-Enrollment Charter Application cycle.
Statutory authority is the Texas Education Code (TEC), §12.101.

COMMITTEE – DISCUSSION
SBOE – NO ACTION

6. Review of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements

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 an amendment to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements. The proposed amendment would update the list of countries that permit individuals who have obtained the equivalent of a United States bachelor's or master's degree to be exempt from the Test of English as a Foreign Language internet-Based Test (TOEFL iBT) to demonstrate English language proficiency; would clarify that individuals who have already demonstrated English language proficiency to receive an SBEC-issued Texas certificate would not have to demonstrate English language proficiency again for purposes of admission into an educator preparation program (EPP) to obtain an additional Texas educator certificate; and would provide technical and grammatical edits. Statutory authority for 19 TAC Chapter 230, Subchapter B, §230.11, is the Texas Education Code (TEC), §§21.003(a); 21.031; and 21.041(b)(1), (4), and (5).

COMMITTEE – ACTION
SBOE – ACTION

7. Review of Proposed Amendments to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans

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 234, Military Service Members, Military Spouses, and Military Veterans. The proposed amendments would implement House Bill (HB) 139, 87th Texas Legislature, Regular Session, 2021. The proposed amendments would add the space force to the list of branches of the United States Armed Forces and would allow service members, spouses, and veterans to get credit toward educator certification requirements for clinical and professional experience. The statutory authority for 19 TAC Chapter 234, §234.3 and §234.5, is the Texas Education Code (TEC), §§21.041(b)(2) and (4); 21.044(a), as amended by HB 159, 87th Texas Legislature, Regular Session, 2021; and 21.052(b-1), as amended by HB 139, 87th Texas Legislature, Regular Session, 2021, (c), (d-1), (f), as amended by HB 139, 87th Texas Legislature, Regular Session, 2021, and (i), as added by HB 139, 87th Texas Legislature, Regular Session, 2021; and Texas Occupations Code (TOC), §§55.001, as amended by HB 139, 87th Texas Legislature, Regular Session, 2021; 55.002; 55.003; 55.004, as amended and added by HB 139, 87th Texas Legislature, Regular Session, 2021, 55.0041, as amended and added by HB 139, 87th Texas Legislature, Regular Session, 2021; and 55.005; 55.006; 55.007; 55.008; 55.009; and 55.010.

COMMITTEE – ACTION
SBOE – ACTION

8. Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, and Subchapter E, Post-Hearing Matters

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, and Subchapter E, Post-Hearing Matters. The proposed amendments would implement House Bill (HB) 2519, 87th Texas Legislature, Regular Session, 2021, by amending the SBEC's rules to allow the SBEC to put conditions on a certificate without any additional sanction; to reduce the minimum sanction for contract abandonment that occurs 30–44 days in advance of the first day of instruction for the next school year; to clarify that sanctions for contract abandonment are subject to all mitigating factors and that mitigating factors can reduce a sanction to the point that the SBEC takes no disciplinary action against an educator; and to clarify the notice that the Texas Education Agency (TEA) sends sanctioned educators regarding the necessity of filing a motion for rehearing if the respondent wants to appeal the decision. The proposed amendments also reflect the results of the SBEC's July work session on contract abandonment and October and December meetings by expanding the definition of good cause for contract abandonment to include instances when an educator resigns after receiving written permission from school administration and by adding new mitigating factors that allow lower sanctions for contract abandonment when an educator gets a promotion, has their salary reduced, faces a threat of immediate physical harm, or for any other relevant circumstances or facts. The statutory authority for 19 TAC Chapter 249, Subchapter B, §249.15 and §249.17, is Texas Education Code (TEC), §§21.006(a)–(c-2), (f)–(g-1), and (i); 21.007; 21.009(e); 21.031(a); 21.035; 21.041; 21.058; 21.0581; 21.060; 21.065, as added by HB 2519, 87th Texas Legislature, Regular Session, 2021; 21.105(c), (e), and (f), as amended and added by HB 2519, 87th Texas Legislature, Regular Session, 2021; 21.160(c), (e), and (f), as amended and added by HB 2519, 87th Texas Legislature, Regular Session, 2021; 21.210(c), (e) and (f), as amended and added by HB 2519, 87th Texas Legislature, Regular Session, 2021; 22.082; 22.0831; 22.085; 22.087; 22.092; and 22.093(a)–(f); Texas Government Code (TGC), §§411.090, 2001.058(e), and 2001.142(a); Texas Family Code (TFC), §261.308(d) and (e) and §261.406(a) and (b); Texas Occupations Code (TOC), §§53.021(a), 53.022; 53.023; 53.024; 53.025, 53.051, 53.052, and 56.003; and the Every Student Succeeds Act (ESSA), 20 United States Code (USC), §7926. The statutory authority for 19 TAC Chapter 249, Subchapter E, §249.42, is TEC, §§21.031(a); 21.035; 21.040(4); and 21.041(a) and (b)(1), (4), and (7); and TOC, §§53.021(a), 53.022; 53.023; 53.024; 53.025, and 53.051.

COMMITTEE – ACTION
SBOE – ACTION