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September 2015 General Meeting

STATE BOARD OF EDUCATION
AUSTIN, TEXAS
September 11, 2015
9 a.m.
William B. Travis Building, Room 1-104
1701 N. Congress Avenue


Student Performance

Invocation

Pledge of Allegiance


Roll Call

Invited Guest National Teacher of the Year, Ms. Shanna Peeples

Approval of Minutes

State Board of Education, July 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


Heroes for Children, State Board of Education Districts 1-15
(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 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. The proposal would add new Texas Essential Knowledge and Skills (TEKS) for a number of new career and technical education (CTE) practicum courses, a new Advanced Marketing course, and several automotive technology courses. The proposal would add new second-level practicum courses in 19 TAC §§130.32, 130.68-130.72, 130.117-130.122, 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, and 130.466. It would also add a new Advanced Marketing course in 19 TAC §130.389 and new automotive technology courses in 19 TAC §§130.445-130.459. 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, 28.002, and 28.025.

4. Approval of Texas Certificate of High School Equivalency Exam Request for Proposals

This item provides an opportunity for the committee to review and approve the Texas Certificate of High School Equivalency Request for Proposals (RFP) document. Statutory authority for this action is the Texas Education Code (TEC), §7.111, which requires the State Board of Education (SBOE) to adopt rules to develop and deliver high school equivalency examinations and provide for the administration of the examinations online.

5. Proposed Amendments to Proclamation 2017 of the State Board of Education Advertising for Bids for Instructional Materials

This item provides an opportunity for the State Board of Education (SBOE) to amend Proclamation 2017 to make technical edits and to include requirements related to accessible instructional materials. The subjects and courses included in Proclamation 2017 are career and technical education, languages other than English, Special Topics in Social Studies, Statistics, and Algebraic Reasoning. The adoption of materials submitted in response to Proclamation 2017 is scheduled for November 2016 and school districts and open-enrollment charter schools are scheduled to begin using the materials adopted under the proclamation in school year 2017-2018. Statutory authority for this action is the Texas Education Code (TEC), §31.022, which requires the SBOE to adopt rules to provide for a full and complete investigation of instructional materials for each subject in the foundation curriculum and for each subject in the enrichment curriculum.

COMMITTEE ON INSTRUCTION

6. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, and §74.26, Award of Credit
(Second Reading and Final Adoption)
 

This item presents for second reading and final adoption 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 and modify the passing standard for credit by examination. No changes are recommended since approved for first reading. 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; and §28.023, as amended by SB 453, 84th Texas Legislature, Regular Session, 2015; and 28.025.

7. Proposed Repeal of 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter C, High School
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter C, High School. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted effective in 1998 for Kindergarten-Grade 8 and high school fine arts and related implementation language, which have been superseded by Subchapters D, E, and F of this chapter. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

8. Proposed Repeal of 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter C, High School, §§111.31-111.37, and Subchapter D, Other High School Mathematics Courses, §111.52, Independent Study in Mathematics (One-Half to One Credit)
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter C, High School, §§111.31-111.37, and Subchapter D, Other High School Mathematics Courses, §111.52, Independent Study in Mathematics (One-Half to One Credit). The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) for high school mathematics courses and related implementation language, which have been superseded by 19 TAC §§111.38-111.45. 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 102, Educational Programs, Subchapter A, Grants, §102.1, State Engineering and Science Recruitment Fund (SENSR) Grant Program
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 102, Educational Programs, Subchapter A, Grants, §102.1, State Engineering and Science Recruitment Fund (SENSR) Grant Program. The proposed repeal would remove language related to the SENSR Grant Program adopted to be effective in 2006. The rule's authorizing statute was repealed by Senate Bill (SB) 215, 83rd Texas Legislature, Regular Session, 2013. Statutory authority for this action is the Texas Education Code (TEC), §51.603 and §51.605, as repealed by SB 215, 83rd Texas Legislature, Regular Session, 2013.

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND

10. 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
(Second Reading and Final Adoption)

This item presents for second reading and final adoption 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. The proposal would also increase the multiplier used in calculating the capacity of the fund. Statutory authority for this action is the Texas Constitution, Article VII, §5, and Texas Education Code (TEC), §§7.102(c)(33), 45.053, 45.054, 45.055, 45.056, and 45.063.

11. 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
(Second Reading and Final Adoption)

This item presents for second reading and final adoption 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. Statutory authority for this action is the Texas Constitution, Article VII, §5, and Texas Education Code (TEC), §§7.102(c)(33), 45.053, 45.0531, 45.0532, 45.0541, 45.055, 45.056, and 45.063.

COMMITTEE ON SCHOOL INITIATIVES

12. Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, and Subchapter E, Grades 9-12 Assignments

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, and Subchapter E, Grades 9-12 Assignments. The proposed amendments to 19 TAC §§231.49, 231.65, 231.71, 231.73, 231.75, 231.77, 231.211, 231.213, 231.241, 231.573, and 231.591 and proposed new 19 TAC §§231.81, 231.193, 231.195, 231.395, 231.579, and 231.581 would clarify the appropriate credential for placement in a particular teaching assignment. The statutory authority for 19 TAC Chapter 231, Subchapters C and E, is the Texas Education Code (TEC), §21.031(a) and §21.041(b)(1) and (2).

13. Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases

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 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The proposed amendments would clarify requirements for superintendents reporting the resignation of educators when there is evidence of educator wrongdoing and clarify that the SBEC may sanction an educator for a violation of the Texas Education Code (TEC), §22.085. The proposed amendments would also modernize and clarify the description of the procedures SBEC follows for final orders and make minor corrections to statutory citations. The statutory authority for 19 TAC Chapter 249 is the TEC, §§21.006(b-1), as amended by House Bill (HB) 1783, 84th Texas Legislature, Regular Session, 2015, effective September 1, 2015, and (g); 21.007; 21.031(a); 21.035, as amended by HB 2205, 84th Texas Legislature, Regular Session, 2015, effective September 1, 2015; 21.040(6) and (7); 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a); 21.058; 21.060, 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.085; 22.087, as amended by HB 1783, 84th Texas Legislature, Regular Session, 2015, effective September 1, 2015; and 57.491(g); Texas Government Code, §§411.087, as amended by Senate Bill (SB) 1902, 84th Texas Legislature, Regular Session, 2015, effective September 1, 2015; 411.090; and 2001.058(e); Texas Family Code, §261.308(d) and (e) and §261.406(a) and (b), as amended by SB 206, 84th Texas Legislature, Regular Session, 2015, effective September 1, 2015; and Texas Occupations Code, §§53.021(a), as amended by HB 2299, 84th Texas Legislature, Regular Session, 2015, effective January 1, 2017; 53.022; 53.023; 53.024; 53.025; 53.051; and 53.052.

14. 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 or to begin work on the plan. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c).

15. Acceptance of Gifts and Donations for the Long-Range Plan on Public Education

The State Board of Education is seeking private funding to cover the cost of producing a new long-range plan for public education. If funding is found, the board must vote to accept the specific donation or gift. Statutory authority for this action is the Texas Education Code (TEC), §7.102(a)(3).

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.