November 2017 General Meeting

STATE BOARD OF EDUCATION
AUSTIN, TEXAS

November 10, 2017
9 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 15, 2017

1. Resolutions and Presentations

Resolution honoring winners of the 2017 National History Day contest
(No Exhibit)

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.

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. Ratification of Proclamation 2018 Deadline Extension for Publisher affected by Hurricane Harvey

The State Board of Education (SBOE) issued Proclamation 2018 in November 2016. This item gives the board the opportunity to ratify a deadline extension for Kendall Hunt, a publisher that was unable to meet the published deadline due to flooding as a result of Hurricane Harvey. The published deadline to provide the Publisher’s Identification of Factual Errors and Editorial Changes was September 8, 2017. The board chair gave tentative approval to extend it to September 22, 2017. Statutory authority for this action is the Texas Education Code (TEC), §31.022.

4. Report from the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Proclamation 2018

This item provides the opportunity for the State Board of Education (SBOE) to adopt materials submitted for review in response to Proclamation 2018. The board issued Proclamation 2018 in November 2016 calling for materials covering ethnic studies including, but not limited to, African American studies, Mexican American studies, Asian American studies, and Native American studies, to be used in Special Topics in Social Studies. Products submitted in response to Proclamation 2018 were reviewed in the summer of 2017. The item presents the final report from the commissioner of education regarding the coverage of the Texas Essential Knowledge and Skills (TEKS) and English Language Proficiency Standards (ELPS), 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.

5. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, to update the rules and align with recent legislative changes. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4); 28.002, as amended by House Bill (HB) 3593, 85th Texas Legislature, Regular Session, 2017; 28.018, as added by HB 728, 85th Texas Legislature, Regular Session, 2017; and 28.025, as amended by HB 3593, Senate Bill (SB) 30, SB 463, SB 671, and SB 826, 85th Texas Legislature, Regular Session, 2017.

6. Proposed Amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations
(First Reading and Filing Authorization)


This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption of Instructional Materials, and Subchapter C, Local Operations. The proposed amendments would update rules related to state review and adoption of instructional materials as well as ordering and distribution of instructional materials to align with recent legislative changes. Statutory authority for this action is the Texas Education Code (TEC), §§31.002, as amended by Senate Bill (SB) 810, 85th Texas Legislature, Regular Session, 2017; 31.003; 31.023, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017; 31.035, as amended by SB 801, 85th Texas Legislature, Regular Session, 2017, and House Bill (HB) 3526, Section 5, 85th Texas Legislature, Regular Session 2017.

7. Proposed Revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Chapter 112, Texas Essential Knowledge and Skills for Science, and Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Concerning International Baccalaureate Courses
(First Reading and Filing Authorization)
 

This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter D, Other High School English Language Arts and Reading Courses; Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter D, Other High School Mathematics Courses; Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter D, Other Science Courses; and Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter D, Other Languages Other Than English Courses. The proposed revisions would align the rules with current course offerings by the International Baccalaureate (IB) organization. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4); 28.002; and 28.025, as amended by House Bill (HB) 3593 and Senate Bill (SB) 826, 85th Texas Legislature, Regular Session, 2017.

COMMITTEE ON INSTRUCTION

8. Proposed Repeal of 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter D, Other Science Courses, §112.71, Principles of Technology (One Physics Credit), and §112.72, Other Courses for Which Students May Receive Science Credit
(Second Reading and Final Adoption)

This item presents for second reading and final adoption the proposed repeal of 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter D, Other Science Courses, §112.71, Principles of Technology (One Physics Credit), and §112.72, Other Courses for Which Students May Receive Science Credit. The proposed repeal would remove rules that are duplicative of other State Board of Education (SBOE) rules and are no longer necessary. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102, 28.002, and 28.025, as amended by House Bill (HB) 3593 and Senate Bill (SB) 826, 85th Texas Legislature, Regular Session, 2017.

9. Proposed Amendment to 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter C, Arts, Audio/Video Technology, and Communications, §130.121, Extended Practicum in Fashion Design (Two to Three Credits), Adopted 2015
(Second Reading and Final Adoption)

This item presents for second reading and final adoption a proposed amendment to 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter C, Arts, Audio/Video Technology, and Communications, §130.121, Extended Practicum in Fashion Design (Two to Three Credits), Adopted 2015. The proposed amendment would change the amount of credit offered for the course to be consistent with other extended practicum courses. No changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102, 28.002, and 28.025, as amended by House Bill (HB) 3593 and Senate Bill (SB) 826, 85th Texas Legislature, Regular Session, 2017.

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND

10. Proposed Amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter D, Uniform Bank Bid or Request for Proposal and Depository Contract, §109.52, Uniform Depository Bank Contract and Surety Bond Forms
(First Reading and Filing Authorization)
 

This item presents for first reading and filing authorization a proposed amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter D, Uniform Bank Bid or Request for Proposal and Depository Contract, §109.52, Uniform Depository Bank Contract and Surety Bond Forms. The proposed amendment would update the depository contract adopted in rule to reflect changes made by Senate Bill (SB) 754, 85th Texas Legislature, Regular Session, 2017. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(34); 45.205(b), as amended by SB 754, 85th Texas Legislature, Regular Session, 2017; 45.206; and 45.208.

11. 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 proposed amendment would update the rule to reflect changes made by Senate Bill (SB) 1152, 85th Texas Legislature, Regular Session, 2017. Statutory authority for this action is the Texas Education Code (TEC), §§12.106; 25.087, as amended by SB 1152, 85th Texas Legislature, Regular Session, 2017; and 42.004.

COMMITTEE ON SCHOOL INITIATIVES

12. Proposed Amendment to 19 TAC Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners
(Second Reading and Final Adoption)

This item presents for second reading and final adoption a proposed amendment to 19 TAC Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners. The proposed amendment would allow the commissioner of education to decline to recertify an independent hearing examiner even if a written complaint from an attorney has not been received, add a factor that the commissioner may consider in the decision whether to recertify, and specify that the commissioner can take action against an independent hearing examiner's certification for violating statutory requirements. Statutory authority for this action is the Texas Education Code (TEC), §21.252.

13. Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 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 C, Grades 6-8 Assignments, and Subchapter E, Grades 9-12 Assignments, that would incorporate career and technical education (CTE) courses approved by the SBOE. The proposed revisions would also incorporate requirements to complete Texas Education Agency (TEA)-approved training or appropriate training in state and federal requirements regarding work-based learning and safety and add certificate areas to the list of credentials appropriate for placement into a particular assignment. The statutory authority for 19 TAC Chapter 231, Subchapters C and E, is the Texas Education Code (TEC), §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

14. Review of Proposed Amendments to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans

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 234, Military Service Members, Military Spouses, and Military Veterans. The proposed amendments to 19 TAC §234.5, Certification of Military Service Members, Military Spouses, and Military Veterans, and §234.7, Renewal and Continuing Education Requirements for Military Service Members, Military Spouses, and Military Veterans, would implement the requirement from the 85th Texas Legislature, Regular Session, 2017, to extend a temporary certificate for military spouses to three years and also provide clarification of renewal requirements for military service members, military spouses, and military veterans. The statutory authority for 19 TAC Chapter 234 is the Texas Education Code (TEC), §§21.041(b)(2) and (4); 21.044(a); and 21.052(b-1), (c), and (d-1), as amended by House Bill (HB) 1934, 85th Texas Legislature, Regular Session, 2017; and Texas Occupations Code (TOC), §§55.001, 55.002, 55.003, 55.004, 55.005, 55.006, 55.007, 55.008, and 55.009.

15. Review of Proposed Revisions to 19 TAC Chapter 239, Student Services Certificates, Subchapter A, School Counselor Certificate, and Subchapter C, Educational Diagnostician Certificate

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 239, Student Services Certificates, Subchapter A, School Counselor Certificate and Subchapter C, Educational Diagnostician Certificate. The proposed revisions would update the requirements for the minimum admission, preparation, standards, certificate issuance, and renewal for the School Counselor and Educational Diagnostician certificates. The proposed revisions reflect feedback provided by the SBEC-appointed advisory committees for the School Counselor Certificate and Educational Diagnostician Certificate. The statutory authority for 19 TAC Chapter 239 is the Texas Education Code (TEC), §§21.031(a), 21.040(4), 21.041(a), 21.041(b)(1)-(5) and (9), 21.044, 21.048(a), 21.054, and 22.0831(f), for Subchapter A, and the TEC, §21.031(a) and §21.041(a) and (b)(1)-(4), for Subchapter C.

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 January 31, 2017

2. Registration Form for Public Testimony at State Board of Education Meetings

3. Current Status of the Permanent School Fund

4. 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.