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January 27, 2021 Committee of the Full Board

WEDNESDAY
January 27, 2021                                                    

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. 
Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements
(Second Reading and Final Adoption)

This item presents for second reading and final adoption 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. The amendment would also specify when a student may demonstrate proficiency in certain communication skills required for 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

3. 
Consideration of Petition for Adoption of Rule in 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies

A petition to adopt a new course in 19 Texas Administrative Code (TAC) Chapter 113, Texas Essential Knowledge and Skills for Social Studies, has been received from Jarwanza T. Norris. The petition requests that the State Board of Education (SBOE) adopt United States History Studies Before 1877 and offer the course to all high school students. This item provides an opportunity for the SBOE to consider the petition. Statutory authority for this action is the Texas Government Code (TGC), §2001.021; Texas Education Code (TEC) §28.002 and §28.025; and 19 TAC §30.1.

COMMITTEE - ACTION
SBOE - ACTION

4. 
Discussion of Proposed New 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §§112.47-112.51

This item provides an opportunity for the committee to discuss proposed new 19 Texas Administrative Code (TAC) Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §§112.47, Aquatic Science, Adopted 2021 (One Credit); 112.48, Astronomy, Adopted 2021 (One Credit); 112.49, Earth and Space Science, Adopted 2021 (One Credit); 112.50, Environmental Systems, Adopted 2021 (One Credit); and 112.51, Independent Study in Science, Adopted 2021 (One Credit). The proposed new sections would update the standards to ensure they remain current. Statutory authority for this item is the Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), (j), and (n); and 28.025(a).

COMMITTEE – DISCUSSION
SBOE – NO ACTION

5. 
Discussion of Proclamation 2023 of the State Board of Education Advertising for Bids on Instructional Materials

This item provides an opportunity for the State Board of Education to discuss the schedule of events and instructional materials to be included in Proclamation 2023. Instructional materials submitted in response to Proclamation 2023 would be scheduled for adoption by the SBOE in November 2022. Statutory authority for this item is the Texas Education Code (TEC), §31.022.

COMMITTEE – DISCUSSION
SBOE – NO ACTION

6. 
Update on Texas Essential Knowledge and Skills (TEKS) Review

This item provides the opportunity for staff to present an update on the review of the Texas Essential Knowledge and Skills (TEKS) and the English Language Proficiency Standards (ELPS). The item also provides the opportunity for the board to provide additional guidance to TEKS and ELPS review work groups. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a).

COMMITTEE - ACTION
SBOE - ACTION

7. 
Rule Review of 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, Subchapter B, Implementation of Assessments, and Subchapter C, Local Option

Texas Government Code (TGC), §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 Texas Administrative Code (TAC) Chapter 101, Assessment, Subchapter A, General Provisions, Subchapter B, Implementation of Assessments, and Subchapter C, Local Option. The rules being reviewed address the development and administration of tests, voluntary assessment of private school students, the schedule for the release of tests, and administration and reporting of group-administered achievement tests. The statutory authority for the rule review is TGC, §2001.039. The statutory authority for 19 TAC Chapter 101, Subchapters A-C, is Texas Education Code (TEC), §§39.021, 39.022, 39.023, 39.025, 39.032, and 39.033.

COMMITTEE – DISCUSSION
SBOE – NO ACTION

8. 
Discussion of Pending Litigation

The State Board of Education may enter into 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