November 16, 2018 SBOE General Meeting

STATE BOARD OF EDUCATION
AUSTIN, TEXAS

November 16, 2018
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 14, 2018

1. Resolutions and Presentations


Resolution honoring winners of the 2018 National History Day contest


Resolutions honoring departing State Board of Education members

Erika Beltran resolution
David Bradley resolution
Geraldine "Tincy" Miller resolution 

 

 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. Proposed Revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, and Proposed Repeal of 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits
(Second Reading and Final Adoption)


This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and Subchapter D, Other Social Studies Courses, and proposed repeal of 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, Subchapter A, High School, and Subchapter B, Other Economics Courses. The proposed revisions would streamline the social studies standards. No changes are recommended since approved first reading. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

4. Decision on the Percentage Distribution of the Permanent School Fund for Fiscal Years 2020 and 2021

This item provides an opportunity for the board to evaluate and approve in a final vote the Permanent School Fund percentage distribution rates for fiscal years 2020 and 2021. The board will consider various factors associated with the distribution rate such as expected returns, inflation, and student population growth. Additionally, this item provides the opportunity for the board to discuss anticipated instructional material needs for the 2020-2021 biennium. The statutory authority for this action is Texas Constitution, Article VII, §5.

5. Report from the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Proclamation 2019

This item provides the opportunity for the State Board of Education (SBOE) to adopt materials submitted for review in response to Proclamation 2019. The board issued Proclamation 2019 in April 2017, calling for materials in English language arts and reading, kindergarten–grade 8; Spanish language arts and reading, kindergarten–grade 6; English Learners Language Arts, grades 7 and 8; handwriting (English and Spanish), kindergarten–grade 5; spelling (English and Spanish), grades 1–6; and Personal Financial Literacy. Products submitted in response to Proclamation 2019 were reviewed in the summer of 2018. This 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. The statutory authority is the Texas Education Code (TEC), §§31.023 and 31.024.

6. Proposed Amendments to Proclamation 2020 of the State Board of Education Advertising for Bids for Instructional Materials

This item provides an opportunity for the State Board of Education (SBOE) to amend the Proclamation 2020 schedule of adoption procedures to make minor changes to due dates to better align to SBOE meeting dates. Proclamation 2020 calls for instructional materials for courses in high school English language arts and reading and English for speakers of other languages. The statutory authority for this action is the TEC, §31.022, which requires the SBOE to adopt rules to provide for a full and complete investigation of instructional materials for each subject in the foundation curriculum and for each subject in the enrichment curriculum.

7. Adoption of the Long-Range Plan for Public Education

This item presents for review and adoption the proposed Long-Range Plan for Public Education, which sets educational goals through the year 2030. The statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(1) and 32.001(a)(1)-(4).

8. Legislative Recommendations for the 86th Texas Legislature

This item provides the committee and the board with an opportunity to make decisions on legislative recommendations to the 86th Texas Legislature. Statutory authority for this action is the Texas Education Code (TEC), §7.102.

COMMITTEE ON INSTRUCTION

9. Approval of Proposed Updates to the Dyslexia Handbook, Procedures Concerning Dyslexia and Related Disorders, Revised 2014


This item provides the opportunity for the committee and board to review and approve the recommended updates to the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders to align the handbook with recent legislative changes. The statutory authority is the Texas Education Code (TEC), §7.102(c)(28) and §38.003, as amended by House Bill (HB) 1886, 85th Texas Legislature, Regular Session, 2017.

10. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders
(First Reading and Filing Authorization)


This item presents for first reading and filing authorization a proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders, to adopt in rule as a figure the updated Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders (Dyslexia Handbook). Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(28) and §38.003.

11. Proposed New 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, Adopted 2013, §117.327, International Baccalaureate (IB) Film Standard Level (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (Two Credits)

(First Reading and Filing Authorization)


This item presents for first reading and filing authorization proposed new 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, Adopted 2013, §117.327, International Baccalaureate (IB) Film Standard Level (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (Two Credits). The proposed new rule would add two IB courses to the fine arts Texas Essential Knowledge and Skills (TEKS) to align with current course offerings by the International Baccalaureate Organization. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

12. Texas Certificate of High School Equivalency


This item provides an opportunity for the committee and board to consider extending the test vendor contracts relating to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency. The current three-year contracts expire August 31, 2019 and allow for two one-year extensions. The statutory authority for this action is Texas Education Code (TEC), §7.111.

13. Discussion of Texas Essential Knowledge and Skills (TEKS) Review Process

This item provides the opportunity for the board to discuss and update the process for the review and revision of the Texas Essential Knowledge and Skills (TEKS). The statutory authority is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND

14. Activities Related to a Student Art Competition to Develop a Permanent School Fund Logo


This item provides the opportunity for the committee and board to select winning entries in the student art competition to create a Permanent School Fund logo. Statutory authority for this action is the Texas Constitution Article VII, §5(f) and Texas Education Code (TEC), §7.102(c)(3).

COMMITTEE ON SCHOOL INITIATIVES


15. Review of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs


This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would propose amendments to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 7 and 1839 and House Bills (HBs) 2039, 3349, and 1963, 85th Texas Legislature, Regular Session, 2017. The proposed changes would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations. Texas Education Code (TEC), §21.042, requires the SBEC to submit a written copy of each rule it proposes to adopt to the SBOE for review. At its September 14, 2018 meeting, the SBOE rejected the proposed amendments to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. To address SBOE’s concerns, at the October 5, 2018 SBEC meeting, the SBEC removed the proposed amendment to §228.35 that allowed educator preparation programs (EPPs) to provide candidates seeking certification in Marketing: Grades 6-12 and Health Science: Grades 6-12 with fewer than 300 clock-hours of coursework and/or training. The SBEC made no additional changes to this item from what was presented to the SBOE for review at the September 13-14, 2018 SBOE meeting. The statutory authority for 19 TAC Chapter 228 is the TEC, §§21.031; 21.041(b)(1); 21.044, as amended by SBs 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017; 21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.0443; 21.0453; 21.0454; 21.0455; 21.046(b); 21.0485; 21.0487(c); 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.050(b) and (c); 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; and the Texas Occupations Code (TOC), §55.007.

16. Review of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would propose amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. Chapter 230 serves as a foundation for the practices and procedures related to educator preparation and certification. The subchapters being amended outline testing requirements for certification; provide general eligibility, recommendation, and issuance requirements for several types of certificates; identify fees for certification services; and confirm the overall process for individuals already certified in other states or countries to obtain Texas certification. The proposed amendments would provide necessary updates to certification and/or testing requirements and would align SBEC rules where applicable with provisions from recent legislation. The statutory authority for 19 TAC Chapter 230, Subchapter C, is the Texas Education Code (TEC), §§21.041(b)(1), (2), and (4), 21.044(a), 21.048, 21.050, and 22.082, and Texas Occupations Code (TOC), §54.003. The statutory authority for 19 TAC Chapter 230, Subchapter D, is the TEC, §§21.003(a), 21.031, 21.041(b)(1)-(5) and (9), 21.051, as amended by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017, and 22.0831(c) and (f). The statutory authority for 19 TAC Chapter 230, Subchapter E, is the TEC, §§21.041(a) and (b)(1)-(4). The statutory authority for 19 TAC Chapter 230, Subchapter G, is the TEC, §§21.031(a), 21.041(b)(1)-(5) and (9) and (c), 21.044(a), (e), and (f), 21.048, 21.0485, 21.050, 21.054(a), 22.082, and 22.0831(f), and TOC, §53.105. The statutory authority for 19 TAC Chapter 230, Subchapter H, is the TEC, §§21.040(6), 21.041(b)(4) and (5) and (c), 21.048, 21.050, 21.052, as amended by House Bill (HB) 1934, 85th Texas Legislature, Regular Session, 2017, and 21.054(a).

17. Review of Proposed Repeal of 19 TAC Chapter 241, Principal Certificate, and New 19 TAC Chapter 241, Certification as Principal

This item provides the State Board of Education (SBOE) an opportunity to review a State Board for Educator Certification (SBEC) rule action that would propose the repeal of 19 Texas Administrative Code (TAC) Chapter 241, Principal Certificate, and new 19 TAC Chapter 241, Certification as Principal. The proposed repeal of and new 19 TAC Chapter 241 would reorganize the chapter to allow for the chapter title to reflect both the proposed new principal certificate as well as the current principal certificate, would establish the requirements for the proposed new principal certificate, and would provide for a proposed new endorsement for individuals who hold a certificate to serve in the role of principal. The statutory authority for 19 TAC Chapter 241 is the Texas Education Code (TEC), §§21.003(a), 21.040(4), 21.041(b)(1)-(4), 21.046(b)-(d), and 21.054(a), (e), and (e-2), as amended by Senate Bills (SBs) 7, 179, and 1839, 85th Texas Legislature, Regular Session, 2017.

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
Public testimony information begins on page V-7.


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.