April 2016 Committee on School Initiatives

THURSDAY
April 7, 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 Fort Sam Houston Independent School District Board of Trustees

This item provides an opportunity for board consideration of two appointments to the board of trustees of the Fort Sam Houston 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 Lackland Independent School District Board of Trustees

This item provides an opportunity for board consideration of one appointment to the board of trustees of the Lackland 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. Review of Proposed Amendments to 19 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, and Subchapter E, Grades 9-12 Assignments 

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 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, and Subchapter E, Grades 9-12 Assignments. The proposed amendments to 19 TAC §§231.5, 231.11, 231.77, 231.91, 231.209, 231.253, 231.257, 231.333, 231.335, 231.337, 231.481, 231.483, 231.489, and 231.579 would clarify the appropriate credential for placement in a particular teaching assignment and implement applicable requirements from the 84th Texas Legislature, Regular Session, 2015. The statutory authority for 19 TAC Chapter 231, Subchapters B-E, is the Texas Education Code (TEC), §§21.031(a); 21.041(b)(1) and (2); 21.0487, as added by Senate Bill (SB) 1309, 84th Texas Legislature, Regular Session, 2015; and 29.061(b-1) and (b-2), as amended by House Bill (HB) 218, 84th Texas Legislature, Regular Session, 2015.

COMMITTEE - ACTION
SBOE - ACTION

4. Review of Proposed Revisions 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 revise 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments to 19 TAC §§233.1, 233.3-233.5, 233.7, 233.10, 233.14, and 233.15 would update the list of classroom certificates that either are eligible for issuance or that would continue to be recognized if they were issued prior to being phased out. Proposed new 19 TAC §233.17 would establish a new Junior Reserve Officer Training Corps: 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), 21.048(a), 21.0487, as added by Senate Bill 1309, 84th Texas Legislature, Regular Session, 2015, 21.050, 22.0831(f), and 29.061(b-1) and (b-2), as amended by House Bill 218, 84th Texas Legislature, Regular Session, 2015.

COMMITTEE - ACTION
SBOE - ACTION

5. Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, §249.5, Purpose; Policy Governing Disciplinary Proceedings; Subchapter B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification, and §249.17, Decision-Making Guidelines; and Subchapter D, Hearing Procedures, §249.35, Disposition Prior to Hearing; Default

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 A, General Provisions, §249.5, Purpose; Policy Governing Disciplinary Proceedings; Subchapter B, Enforcement Actions and Guidelines, §249.15, Disciplinary Action by State Board for Educator Certification, and §249.17, Decision-Making Guidelines; and Subchapter D, Hearing Procedures, §249.35, Disposition Prior to Hearing; Default. The proposed amendments to 19 TAC §§249.5, 249.15, 249.17, and 249.35 would create more specific penalty guidelines for Texas Education Agency (TEA) staff to follow in settling or prosecuting educator discipline cases. In addition, the proposed amendments would set out the process that the SBEC will use when the State Office of Administrative Hearings (SOAH) dismisses and remands a case in accordance with Texas Government Code, §2001.058(d-1), as amended by House Bill (HB) 2154, 84th Texas Legislature, Regular Session, 2015, after a respondent fails to appear for a contested case hearing. The statutory authority for 19 TAC §§249.5, 249.15, 249.17, and 249.35 is Texas Education Code (TEC), §§21.006(b-1) and (g), as amended by HB 1783, 84th Texas Legislature, Regular Session, 2015; 21.007; 21.031(a); 21.035, as amended by HB 2205, 84th Texas Legislature, Regular Session, 2015; 21.040(6) and (7); 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a); 21.058; 21.060; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.085; 22.087, as amended by HB 1783, 84th Texas Legislature, Regular Session, 2015; and 57.491(g); Texas Government Code, §§411.087, as amended by Senate Bill (SB) 1902, 84th Texas Legislature, Regular Session, 2015; 411.090; and 2001.058(d-1) and (e), as amended by HB 2154, 84th Texas Legislature, Regular Session, 2015; Texas Family Code, §§261.308(d) and (e) and §261.406(a) and (b), as amended by SB 206, 84th Texas Legislature, Regular Session, 2015; and Texas Occupations Code, §§53.021(a), as amended by HB 2299, 84th Texas Legislature, Regular Session, 2015, effective January 1, 2017; 53.022-53.025; 53.051; and 53.052.

COMMITTEE - ACTION
SBOE - ACTION

6. Adoption of Review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters
(Adoption of Review)

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 adoption of the review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters. Subchapter A establishes charter application and selection procedures and criteria for charters granted under the Texas Education Code (TEC), Chapter 12, Subchapter D. Subchapter B sets forth provisions for adverse action on a home-rule school district charter. The statutory authority for the rule review is the Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 100, Subchapter A, is the TEC, §12.101(b-0). The statutory authority for 19 TAC Chapter 100, Subchapter B, is the TEC, §7.102(c)(8) and §12.028.

COMMITTEE - ACTION
SBOE - ACTION

7. Charter School Updates

The director of the Charter School Administration Division will present to the committee any updates on the timeline for the Generation Twenty-One Open-Enrollment Charter School Application.

COMMITTEE - DISCUSSION
SBOE - NO ACTION