November 18, 2020 Committee of the Full Board
WEDNESDAY
November 18, 2020
9:00 a.m.
COMMITTEE OF THE FULL BOARD – Room 1-104
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. Commissioner’s Comments
This item provides an opportunity for the board to be briefed on current agenda items, agency operations, policy implementation, and public education-related legislation.
COMMITTEE - DISCUSSION
SBOE - NO ACTION
2. Decision on the Percentage Distribution of the Permanent School Fund
This item provides an opportunity for the board to evaluate and approve, in a final vote, the Permanent School Fund (PSF) percentage distribution rates for fiscal years 2022 and 2023. The board will consider various factors associated with the distribution rate such as expected returns, inflation, student growth, and current economic conditions. Additionally, this item provides the opportunity for the board to discuss anticipated instructional material needs for the 2022-2023 biennium. Statutory authority for this action is the Texas Constitution, Article VII, §5 and §2; Texas Education Code (TEC), §43.0051; and 19 Texas Administrative Code (TAC), Chapter 33.
COMMITTEE – ACTION
SBOE – CONSENT
3. Legislative Recommendations for the 87th Texas Legislature
This item provides an opportunity for the board to make decisions on legislative recommendations to the 87th Texas Legislature. Statutory authority for this action is the Texas Education Code (TEC), §7.102.
COMMITTEE - ACTION
SBOE - ACTION
4. Report from the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Proclamation 2021
This item provides the opportunity for the State Board of Education (SBOE) to adopt materials submitted for review in response to Proclamation 2021. The board issued Proclamation 2021 in June 2019, calling for instructional materials for prekindergarten. Products submitted in response to Proclamation 2021 were reviewed in the summer of 2020. This item presents the final report from the commissioner of education regarding the coverage of the Texas Prekindergarten Guidelines (TPG), 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.
COMMITTEE - ACTION
SBOE - ACTION
5. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements
(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 B, Graduation Requirements, §74.11, High School Graduation Requirements. The proposed amendment would update the rule to align with the requirement in House Bill (HB) 3, 86th Texas Legislature, 2019, that students complete and submit a free application for federal student aid (FAFSA) or a Texas application for state financial aid (TASFA) as a requirement for high school graduation. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4); 28.025(c), as amended by HB 3, 86th Texas Legislature, 2019; and 28.0256(a), (b), and (d), as added by HB 3, 86th Texas Legislature, 2019.
COMMITTEE - ACTION
SBOE - ACTION
6. Texas Certificate of High School Equivalency
This item provides an opportunity for the committee to review and approve the content of the Texas Certificate of High School Equivalency Request for Proposals (RFP) for test providers relating to 19 TAC Chapter 89, Texas Certificate of High School Equivalency. Statutory authority for this action is the Texas Education Code (TEC), §7.111.
COMMITTEE - ACTION
SBOE - ACTION
7. Discussion of Transition Plan for Electronic Administration of Assessment Instruments
House Bill 3906, passed by the 86th Texas Legislature, 2019, requires the Texas Education Agency (TEA), in consultation with the State Board of Education (SBOE), to develop a transition plan to administer all state assessments electronically beginning not later than the 2022–2023 school year. This item provides the opportunity for staff to share the transition plan and for the SBOE to discuss its contents. Statutory authority for this item is the Texas Education Code (TEC), §39.02341.
COMMITTEE - DISCUSSION
SBOE - NO ACTION
8. Discussion of Pending Litigation
The State Board of Education may enter executive session in accordance with the Texas Government Code, §551.071(1)(A), to discuss pending and contemplated litigation with the general counsel, legal staff, and, if necessary, attorney(s) from the Attorney General's Office. The Committee of the Full Board will meet in Room 1-103 to discuss this item.
Cases to be discussed may include:
Tribune Company, No. 08-13141; The Official Committee of Unsecured Creditors of Tribune Company v. Fitzsimmons, Adv. Pro. No. 10-54010 (Bankr. D. Del);
Deutsche Bank v Bank of America, No. 3:11-CV-01175-F (N. D. Tex., Dallas Div.) and Deutsche Bank v. Employees Retirement Fund of the City of Dallas, No. 3:11-CV-1167-F; (N. D. Tex. Dallas Div.) CONSOLIDATED in: In re: Tribune Company Fraudulent Conveyance Litigation; No. 11-MD-2296 Consolidated Multidistrict Action (S.D.N.Y.); and
any other litigation arising after the date of posting or reasonably contemplated as of the date of the board meeting.
COMMITTEE - DISCUSSION
SBOE - NO ACTION