April 2016 General Meeting

STATE BOARD OF EDUCATION
AUSTIN, TEXAS
April 8, 2016
9 a.m.
William B. Travis Building, Room 1-104
1701 N. Congress Avenue


Student Presentation

Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

State Board of Education, January 29, 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 online.

1. Resolutions and Presentations

Blue Ribbon Schools
(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. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements
(Second Reading and Final Adoption)
 

This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, to update the rules and to align with recent legislative changes. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(4) and §28.025(a), (b-1)-(b-3), (b-12), (b-13), (b-19), (c-1)-(c-3), (c-5), and (e-1).

4. Proposed Amendments to Proclamation 2017 of the State Board of Education Advertising for Bids on Instructional Materials

This item provides an opportunity for the State Board of Education (SBOE) to amend Proclamation 2017 to incorporate approved revisions to 19 TAC Chapter 66, clarify requirements related to accessible instructional materials, and accurately reflect final action regarding career and technical education (CTE) courses. The subjects and courses included in Proclamation 2017 are CTE, languages other than English, Special Topics in Social Studies, Statistics, and Algebraic Reasoning. The adoption of materials submitted in response to Proclamation 2017 is scheduled for November 2016, and school districts and open-enrollment charter schools are scheduled to begin using the materials in school year 2017-2018. Statutory authority for this action is the Texas Education Code (TEC), §31.022.

5. Texas Certificate of High School Equivalency

This item provides an opportunity for the board to make decisions regarding the transition to and implementation of multiple test providers for the Texas Certificate of High School Equivalency. Statutory authority for this action is the Texas Education Code (TEC), §7.111.

6. Study of Essential Knowledge and Skills and Assessment Instruments

This item provides an opportunity for the State Board of Education (SBOE) to discuss a report submitted by Texas Education Agency (TEA) staff concerning the results of a study regarding the essential knowledge and skills of the required curriculum and related state assessment instruments and make recommendations to the Texas Legislature regarding each issue evaluated in the agency report. Statutory authority for this action is the Texas Education Code (TEC), §39.0236, as added by House Bill (HB) 743, 84th Texas Legislature, Regular Session, 2015.

7. Acceptance of Grant to Fund Long-Range Planning Efforts

The board will consider accepting a grant from the Meadows Foundation to help fund efforts to plan for or create a long-range plan for public education. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(1)-(3).

8. Adoption of Memorandum of Understanding Related to the Long-Range Plan for Public Education

The board will consider adopting a Memorandum of Understanding (MOU) that allows the board and the commissioner to work together to hire a facilitator to assist with the creation of a Long-Range Plan for Public Education. The agreement will outline duties and responsibilities of the two parties. Statutory authority for this action is the Texas Education Code (TEC), §7.055(a)(2-3) and §7.102(c)(1).

9. Approval of a Request for Qualifications (RFQ) for a Facilitator to Assist with the Planning and Preparation of a Long-Range Plan for Public Education 

The board will consider approving a Request for Qualifications (RFQ) for a facilitator who will help the board develop a process for creating a Long-Range Plan for Education. The facilitator may also help the board develop the long-range plan and related activities. The board may vote on a process for reviewing any submitted RFQ. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(1).

COMMITTEE ON INSTRUCTION

10. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript) and High School Diploma
(Second Reading and Final Adoption)
 

This item presents for second reading and final adoption proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript) and High School Diploma, to update the rule to align with recent legislative changes. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(4) and §28.025, as amended by House Bill (HB) 181, 84th Texas Legislature, Regular Session, 2015.

11. Proposed New 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter D, Other Technology Applications Courses, §126.65, Advanced Placement (AP) Computer Science Principles (One Credit), Adopted 2016
(Second Reading and Final Adoption)
 

This item presents for second reading and final adoption proposed new 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter D, Other Technology Applications Courses, §126.65, Advanced Placement (AP) Computer Science Principles (One Credit), Adopted 2016. The proposed rule action would add a new AP computer science course as an option for a student to use to earn credit toward high school graduation requirements. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

12. Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter B, High School, §127.16, Extended Career Preparation (One Credit), Adopted 2016
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed new 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter B, High School, §127.16, Extended Career Preparation (One Credit), Adopted 2016. The proposal would add Texas Essential Knowledge and Skills for a new career preparation course to allow students to earn up to a total of three credits each in Career Preparation I and Career Preparation II. The proposal recommends an implementation date of the 2017-2018 school year. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

13. Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency
(First Reading and Filing Authorization)


This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency. Proposed amendments would update the rules related to the administration of high school equivalency examinations by multiple providers, including offering both paper-based and computer-based testing formats; accommodations for applicants with documented disabilities; court-ordered examinations; and fees and other provisions for the issuance of certificates. Statutory authority for this action is the Texas Education Code (TEC), §7.111.

14. 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

15. Adoption of Review of 19 TAC Chapter 129, Student Attendance, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting
(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 129, Student Attendance, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting. Subchapter A addresses free attendance in general, and Subchapter B addresses requirements for student attendance accounting for state funding purposes. The statutory authority for the rule review is the Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 129, Subchapters A and B, is the Texas Education Code, §42.004.

16. Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes
(First Reading and Filing Authorization)
 

This item presents for first reading and filing authorization a proposed amendment to 19 TAC Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes. The amendment would modify the requirements for taking attendance for board-approved off-campus activities to allow paraprofessionals to take attendance. Statutory authority for this action is the Texas Education Code (TEC), §42.004 and §12.106.

17. Proposed Amendments 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
(First Reading and Filing Authorization)
 

This item presents for first reading and filing authorization proposed amendments 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, to better reflect the Permanent School Fund (PSF) asset allocation and to consolidate some provisions to avoid repetition. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(31) and (33), 43.0031-43.0034, and 43.004; Texas Government Code, §2263.004; and the Texas Constitution, Article VII, Section 5(a)(2), (d), and (f).
 
COMMITTEE ON SCHOOL INITIATIVES

18. 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.

19. 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.

20. 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.

21. 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.

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.