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November 2016 Committee on School Initiatives

THURSDAY
November 17, 2016
9 a.m.

COMMITTEE ON SCHOOL INITIATIVES - Room 1-111
Members: Marty Rowley, Chair; Martha M. Dominguez, Vice Chair; Donna Bahorich; Erika Beltran; Ruben Cortez, Jr. 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. Recommendation for Appointments to the Randolph Field Independent School District Board of Trustees

This item provides an opportunity for board consideration of two appointments to the board of trustees of the Randolph Field Independent School District. The appointments are necessary due to the expiration of the term of office for two board members. Statutory authority for this action is the Texas Education Code (TEC), §11.352, and 19 Texas Administrative Code (TAC) §61.2.

COMMITTEE - ACTION
SBOE - CONSENT

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

This item provides an opportunity for board consideration of one appointment to the board of trustees of the Boys Ranch Independent School District. The appointment is necessary due to the expiration of the term of office for one board member. Statutory authority for this action is the Texas Education Code (TEC), §11.352, and 19 Texas Administrative Code (TAC) §61.2.

COMMITTEE - ACTION
SBOE - CONSENT

3. Recommendation for Appointments to the Lackland Independent School District Board of Trustees

This item provides an opportunity for board consideration of two appointments to the board of trustees of the Lackland Independent School District. The appointments are necessary due to the expiration of the term of office for two board members. Statutory authority for this action is the Texas Education Code (TEC), §11.352, and 19 Texas Administrative Code (TAC) §61.2.

COMMITTEE - ACTION
SBOE - CONSENT

4. Review of Proposed Revisions to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States 

This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. The proposed amendments to 19 TAC §§230.1, 230.11, 230.13, 230.31, 230.33, 230.35, 230.37, 230.41, 230.53, 230.71, 230.73, 230.75, 230.77, 230.79, 230.81, 230.83, 230.91, 230.93, 230.97, 230.101, 230.105, 230.111, and 230.113; proposed new 19 TAC §§230.36, 230.63, 230.65, 230.104, and 230.107; and proposed repeal of 19 TAC §230.15 and §230.39 would result from SBEC board input, stakeholder input, and input received from staff at the Texas Education Agency (TEA). The statutory authority for 19 TAC Chapter 230, Subchapter A, is the Texas Education Code (TEC), §§21.041(b)(1) and (2) and (4), 21.044(a), 21.048, 21.050, and 22.082. The statutory authority for 19 TAC Chapter 230, Subchapter B, is the TEC, §§21.041(b)(2) and (4), 21.044(a), 21.048, 21.050, and 22.082. The statutory authority for 19 TAC Chapter 230, Subchapter D, 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 Chapter 230, Subchapter E, is the TEC, §§21.041(a) and (b)(1)-(4). The statutory authority for 19 TAC Chapter 230, Subchapter F, is the TEC, §§21.031(a), 21.041(b)(1), (2), and (4), 21.044(a), and 21.048. The statutory authority for 19 TAC Chapter 230, Subchapter G, 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 Texas Occupations Code (TOC), §53.105. The statutory authority for 19 TAC Chapter 230, Subchapter H, is the TEC, §§21.040(6), 21.041(b)(4), and (5), and (c), 21.048, 21.050, and 21.052.

COMMITTEE - ACTION
SBOE - ACTION

5. 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 State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments to 19 TAC §§228.2, 228.10, 228.20, 228.30, 228.35, 228.40, 228.50, 228.60, and 228.70 and proposed new 19 TAC §228.15 and §228.17 would include changes as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at the Texas Education Agency (TEA). Chapter 228 encompasses all the requirements that each educator preparation program (EPP) must provide to prospective teachers to ensure they are prepared sufficiently. The statutory authority for 19 TAC Chapter 228 is the Texas Education Code (TEC), §§21.031; 21.041(b)(1) and (2); 21.044(a), (b), (c-1), and (g); 21.0443; 21.045(a); 21.0453; 21.0454; 21.0455; 21.048(a); 21.0487(c)(2)(B); 21.049; 21.050(a) and (c); and 21.051.

COMMITTEE - ACTION
SBOE - ACTION

6. Review of Proposed Revisions to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs

This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 229, Accountability System for Educator Preparation Programs. The proposed amendments to 19 TAC §§229.1-229.9 and the proposed repeal of 19 TAC §229.21 would include changes as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at the Texas Education Agency (TEA). The statutory authority for 19 TAC Chapter 229 is the Texas Education Code (TEC), §§21.041(a), (b)(1), and (d), 21.0441(c) and (d), 21.0443, 21.045, 21.0451, and 21.0452.

COMMITTEE - ACTION
SBOE - ACTION

7. Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter F, Special Education-Related Services Personnel Assignments

This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter F, Special Education-Related Services Personnel Assignments. The proposed amendments to 19 TAC §§231.97, 231.241, 231.251, 231.257, 231.365, and 231.611 and proposed new 19 TAC §231.175 would identify the appropriate credential for placement in a particular teaching assignment, incorporate courses approved by the State Board of Education (SBOE), and provide guidance to districts on special education assignments. The statutory authority for 19 TAC Chapter 231, Subchapters D-F, is the Texas Education Code (TEC), §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

COMMITTEE - ACTION
SBOE - ACTION

8. Review of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments to 19 TAC §§233.5, 233.8, 233.10, and 233.14 would update the list of courses eligible to be taught with these certificates, identify any additional requirements to obtain certification, provide guidance to districts on special education assignments, and establish a new Dance: Grades 6-12 certificate. The statutory authority for 19 TAC Chapter 233 is the Texas Education Code (TEC), §§21.003(a), 21.031, 21.041(b)(1)-(4) and (6), 21.044(e) and (f), and 21.048(a).

COMMITTEE - ACTION
SBOE - ACTION

9. Review of Proposed Amendments to 19 TAC Chapter 247, Educators' Code of Ethics

This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 247, Educators' Code of Ethics. The proposed amendment to 19 TAC §247.1 would make conforming changes to correctly refer to the titles of cross-referenced sections from 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The proposed amendment to 19 TAC §247.2 would implement the Every Student Succeeds Act (ESSA) and would make it a violation of the Educators' Code of Ethics for an educator to be intoxicated on school property or during school activities when students are present. The statutory authority for 19 TAC §247.1 and §247.2 is Texas Education Code (TEC), §21.031(a) and §21.041(a) and (b)(1), (7), and (8); and 20 United States Code, §7926 (ESSA).

COMMITTEE - ACTION
SBOE - ACTION

10. Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition; and §249.17, Decision-Making Guidelines

This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition; and §249.17, Decision-Making Guidelines. The proposed amendment to 19 TAC §249.14(d) would conform the rule on superintendent reporting to SBEC with changes to the Texas Education Code (TEC), §21.006, as a result of House Bill (HB) 1783, 84th Texas Legislature, Regular Session, 2015. The proposed amendment to 19 TAC §249.14(h) would include inappropriate communications with a student and inappropriate educator-student relationships and boundaries to the behaviors by an educator toward students that qualify as "Priority 1" conduct for purposes of investigation priority, investigative notices, and sanction authority. The proposed amendment to 19 TAC §249.17 would create a mandatory minimum sanction for an educator who tests positive for, possesses, or is under the influence of drugs or alcohol on campus. The proposed amendment would also require permanent revocation for an educator who injures a student, but is not immune from disciplinary action. The statutory authority for 19 TAC §249.14 and §249.17 is TEC, §§21.006(a)-(c), (f), and (g); 21.007; 21.031(a); 21.035; 21.041(a) and (b)(1), (4), (7), and (8); 21.058; 21.060; 21.105(c); 21.160(c); 21.210(c); 22.085; 22.087; and 57.491(g); Texas Government Code, §2001.058; and Texas Occupations Code, §§53.021(a), 53.022-53.025, 53.051, and 53.052.

COMMITTEE - ACTION
SBOE - ACTION

11. Approval of 2017-2021 Rule Review Plan for State Board of Education Rules

This item presents for approval the 2017-2021 Rule Review Plan for State Board of Education (SBOE) Rules. Texas Government Code, §2001.039, requires an ongoing four-year rule review of existing state agency rules, including SBOE rules. The rule review requirement in §2001.039 is designed to ensure that the reason for initially adopting or readopting a rule continues to exist. Statutory authority for this action is the Texas Government Code, §2001.039.

COMMITTEE - ACTION
SBOE - CONSENT

12. Review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions

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 review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions. The rule being reviewed establishes the SBOE process for petitioning the adoption of changes to SBOE rules, as required by Texas Government Code, §2001.021. Statutory authority for the rule review is Texas Government Code, §2001.039. Statutory authority for 19 TAC Chapter 30, Subchapter A, is Texas Government Code, §2001.021.

COMMITTEE - DISCUSSION
SBOE - NO ACTION