November 20, 2020 SBOE General Meeting
OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
November 20, 2020
9:00 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 2, 2020
State Board of Education, September 11, 2020
1. Resolutions
Resolution honoring retiring State Board of Education members
Donna Bahorich Retirement Resolution
Barbara Cargill Retirement Resolution
Ken Mercer Retirement Resolution
Marty Rowley Retirement Resolution
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.
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 116, Texas Essential Knowledge and Skills for Physical Education, Subchapter A, Elementary, §§116.11-116.17, Subchapter B, Middle School, §§116.25-116.28, and Subchapter C, High School, §§116.61-116.64
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 116, Texas Essential Knowledge and Skills for Physical Education, Subchapter A, Elementary, §§116.11-116.17, Subchapter B, Middle School, §§116.25-116.28, and Subchapter C, High School, §§116.61-116.64. The proposed new sections would update the standards to reflect current physical education research and best practices and to align with changes to requirements in statute. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a), (c), and (d), and 28.025(a).
4. Proposed New 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.11-115.17, Subchapter B, Middle School, §§115.25-115.28, and Subchapter C, High School, §§115.37-115.40
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.11-115.17, Subchapter B, Middle School, §§115.25-115.28, and Subchapter C, High School, §§115.37-115.40. The proposed new sections would update the standards to reflect current health education research and best practices and align with changes to requirements in statute. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a), (c), (r), and (s), and 28.025(a).
5. Proposed New 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §§112.41-112.45
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §§112.41, Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2020; 112.42, Biology (One Credit), Adopted 2020; 112.43, Chemistry (One Credit), Adopted 2020; 112.44, Integrated Physics and Chemistry (One Credit), Adopted 2020; and 112.45, Physics (One Credit), Adopted 2020. The proposed new sections would update the standards to ensure they remain current. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), (j), and (n); and 28.025(a).
6. 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.
7. 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.
8. 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.
9. 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 ON INSTRUCTION
10. Proposed Amendment to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, §66.15, Administrative Penalty
(Second Reading and Final Adoption)
This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions, §66.15, Administrative Penalty. The proposed amendment would address penalties for failure to comply with state law and rule governing review and adoption of instructional materials. No changes are recommended since published as proposed. Statutory authority for this action is the Texas Education Code (TEC), §§31.002, 31.003, 31.023, 31.035, and 31.151(b).
COMMITTEE ON SCHOOL INITIATIVES
11. Recommended Revisions to the Framework for School Board Development
This item provides the board an opportunity to consider recommended revisions to the School Board Member Training—Framework for School Board Development. The framework outlines the vision, structure, accountability, advocacy, and unity needed to provide local educational programs and services that promote excellence in student academic achievement. Statutory authority for this action is the Texas Education Code (TEC), §11.159.
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would make new 19 Texas Administrative Code (TAC) Chapter 239, Student Services Certificates, Subchapter E, Legacy Master Teacher Certificate. The proposed new 19 TAC Chapter 239, Subchapter E, would provide for the requirements and validity period for Legacy Master Teacher certificate holders. Statutory authority for this action is the Texas Education Code (TEC), §§21.031, 21.041(b)(1)–(4), and 21.064(a), as amended by House Bill (HB) 3, 86th Texas Legislature, 2019.
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would make revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6–12 Assignments; Subchapter E, Grades 9–12 Assignments; Subchapter F, Special Education–Related Services Personnel Assignments; and Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments. The proposed revisions would implement the statutory requirements in House Bill (HB) 3, 86th Texas Legislature, 2019, that requires that all master teacher certificates be designated as "legacy" certificates and recognized for assignment purposes until they expire. The proposed revisions would also incorporate courses approved by the State Board of Education (SBOE), would add certificate areas to the list of credentials appropriate for placement into an assignment, and would reorganize current provisions to improve readability and align citations. Statutory authority for this action is the Texas Education Code (TEC), §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would make amendments to 19 Texas Administrative Code (TAC) Chapter 229, Accountability System for Educator Preparation Programs. Chapter 229 establishes the performance standards and procedures for educator preparation program (EPP) accountability. The proposed amendments would provide for adjustments to the 2019–2020 Accountability System for Educator Preparation (ASEP) due to Governor Abbott's disaster declaration related to COVID-19; would include an accountability indicator for EPPs based on the improvement in achievement of students taught by beginning teachers; would provide an index for the determination of EPP accreditation status; and would provide updates to the ASEP manual. Statutory authority for this action is the Texas Education Code (TEC), §§21.041(a), (b)(1), and (d); 21.043(b) and (c), as amended by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017; 21.0441(c) and (d); 21.0443; 21.045, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; 21.0451; and 21.0452.
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, September 13, 2019
2. Current Status of the Permanent School Fund
3. 2017-2021 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 2017 through August 2021. 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.