November 2016 General Meeting
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
November 18, 2016
9 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, September 16, 2016
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 at online.
1. Resolutions and Presentations
Resolution honoring winners of the 2016 National History Day contest
(No Exhibit)
Resolution honoring departing State Board of Education members:
Martha Dominguez
Thomas Ratliff
(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. Decision on the Percentage Distribution of the Permanent School Fund
This item provides an opportunity for the committee and board to evaluate and determine the percentage distribution of the Permanent School Fund for fiscal years 2018-2019. Statutory authority for this action is the Texas Constitution, Article VII, §5.
4. Legislative Recommendations for the 85th Texas Legislature
This item provides the committee and the State Board of Education (SBOE) an opportunity to make decisions on legislative recommendations to the 85th Texas Legislature. Statutory authority for this action is the Texas Education Code (TEC), §7.102.
5. Proclamation 2018 of the State Board of Education Advertising for Bids for Instructional Materials
This item is presented at the request of the board chair and provides an opportunity for the SBOE to issue Proclamation 2018. Instructional materials submitted in response to Proclamation 2018 would be reviewed in summer 2017 and considered for adoption by the SBOE in November 2017. Statutory authority for this action is the Texas Education Code (TEC), §31.022.
Proclamation 2017 of the State Board of Education (SBOE) calls for new instructional materials to be used by school districts and open-enrollment charter schools beginning in the 2017-2018 school year. The subjects and courses included in Proclamation 2017 are career and technical education (CTE), languages other than English (LOTE), Special Topics in Social Studies, Algebraic Reasoning, and Statistics. This item presents the final report from the commissioner of education regarding the coverage of the Texas Essential Knowledge and Skills (TEKS) and English Language Proficiency Standards (ELPS), alleged factual errors, and information regarding whether a publisher on the list has previously refused to rebid instructional materials. Statutory authority for this action is the Texas Education Code (TEC), §31.023 and §31.024.
7. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, to update the rules to include new career and technical education (CTE) course options that will be available for students to satisfy graduation requirements beginning with the 2017-2018 school year. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
8. Texas Certificate of High School Equivalency
This item provides an opportunity for staff to present an update on the transition of the Texas Certificate of High School Equivalency to multiple test providers and for the board to make any necessary decisions regarding implementation. Statutory authority for this action is the Texas Education Code (TEC), §7.111.
COMMITTEE ON INSTRUCTION
9. Proposed Amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency, §89.42, Official Testing Centers
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency, §89.42, Official Testing Centers. The proposed amendment would expand the entities eligible to serve as official paper-based testing centers and define the requirements for paper-based testing centers. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §7.111.
A petition to amend 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015, has been received from Ms. Renda Songer. The petition requests that the rules be changed to modify the amount of credit awarded for the Cosmetology I and II courses that are scheduled to be implemented in the 2017-2018 school year with the revisions to the career and technical education (CTE) Texas Essential Knowledge and Skills (TEKS). This item provides the opportunity for the State Board of Education (SBOE) to consider the petition. Statutory authority for this action is the Texas Government Code, §2001.021; 19 TAC §30.1; and Texas Education Code (TEC), §28.002 and §28.025.
11. Proposed Approval of Innovative Courses
This item recommends approval of innovative courses that do not fall within any of the subject areas of the foundation or enrichment curriculum. Statutory authority for this action is the Texas Education Code (TEC), §28.002(f).
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
12. 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 for first reading and filing authorization a 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 increase the multiplier used in calculating the capacity of the Permanent School Fund (PSF). Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(33), 45.053(d), and 45.063, and the Texas Constitution, Article VII, §5(d).
This item presents for first reading and filing authorization a 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 add language to require charter schools accessing the Permanent School Fund (PSF) Bond Guarantee Program (BGP) to have attained a certain level of student academic proficiency and specify how applications will be prioritized if the available capacity is insufficient to guarantee the total value of the bonds for all applicant charter districts. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(33), 45.0532, and 45.063, and the Texas Constitution, Article VII, §5(d).
COMMITTEE ON SCHOOL INITIATIVES
14. 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.
15. 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.
16. 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.
17. 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).
18. 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).
19. 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).
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.
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.