September 2014 General Meeting

Student Performance

Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes
State Board of Education, July 18, 2014

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 at http://www.tea.state.tx.us/index4.aspx?id=25769804094.

1. Resolutions and Presentations

Heroes for Children, State Board of Education Districts 1-15
(No Exhibit)

Advanced Placement U.S. History Resolution
(No Exhibit)

2. Commissioner's Comments

The commissioner will discuss agenda items, Texas Education Agency activities, and implementation of legislation.

3. 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

4. Decision on the Percentage Distribution of the Permanent School Fund 

This item provides an opportunity for the committee and board to evaluate and determine the percentage distribution of the Permanent School Fund for fiscal years 2016-2017. Statutory authority for this action is the Texas Constitution, Article VII, §5.

5. Proposed Revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School
(Second Reading and Final Adoption) 

This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School. The proposed revisions include an amendment to 19 TAC §114.31, Implementation of Texas Essential Knowledge and Skills for Languages Other Than English, High School, Adopted 2014, and new 19 TAC §§114.47-114.52, relating to Classical Languages, Levels I-VII, and Seminar in Classical Languages. The proposed rule action would add new Texas Essential Knowledge and Skills (TEKS) for classical languages for implementation in the 2017-2018 school year. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002 and 28.025.

6. Proposed Amendments to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter D, Other Languages Other Than English Courses
(First Reading and Filing Authorization) 

This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, §114.3, Implementation of Texas Essential Knowledge and Skills for Languages Other Than English, Elementary, Adopted 2014, Subchapter B, Middle School, §114.13, Implementation of Texas Essential Knowledge and Skills for Languages Other Than English, Middle School, Adopted 2014, and Subchapter D, Other Languages Other Than English Courses, §114.61, Implementation of Texas Essential Knowledge and Skills for Languages Other Than English Courses. The proposed amendments would change the implementation of the recently revised Texas Essential Knowledge and Skills (TEKS) for languages other than English (LOTE) to the 2017-2018 school year. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

7. Proposed Amendments to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses
(First Reading and Filing Authorization) 

This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses. The proposed amendments would amend existing rules to require that Advanced Placement (AP) and International Baccalaureate (IB) courses address the Texas Essential Knowledge and Skills (TEKS), as applicable. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

COMMITTEE ON INSTRUCTION

8. Proposed Amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.63, Instructional Arrangements and Settings
(First Reading and Filing Authorization) 

This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.63, Instructional Arrangements and Settings. The proposed amendment would address the mainstream, homebound, off-home campus, and vocational adjustment class/program instructional arrangements. Statutory authority for this action is the Texas Education Code (TEC), §42.151(e).

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND

9. 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 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, for first reading and filing authorization. The proposed amendment would update statutory references in the rule text to reflect changes from the 83rd Texas Legislature, Regular Session, 2013. Statutory authority for this action is the Texas Education Code (TEC), §25.087 and §42.004.

10. Per Capita Apportionment Rate for the 2014-2015 School Year 

The board is responsible for setting a per capita apportionment rate for each school year based on an estimate of the amount available for expenditures from the Available School Fund. Agency staff members will propose the recommended rate for the 2014-2015 school year at the September meeting of the Committee on School Finance/Permanent School Fund. Statutory authority for this action is the Texas Education Code (TEC), §42.004 and §43.001(b).

11. Proposed Amendment 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, §33.65, Bond Guarantee Program for School Districts
(First Reading and Filing Authorization) 

This item presents proposed amendment 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, §33.65, Bond Guarantee Program for School Districts, for first reading and filing authorization. The proposed amendment would add a definition of bond to the rule to define more precisely the types of debt that are eligible for guarantee. The proposed amendment would also modify the rule to require that each issuance of bonds approved for the guarantee be approved by the attorney general. In addition, the proposed amendment would add a definition of nationally recognized investment rating firm to provide consistency with the charter school bond guarantee rules. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(33) and §45.063, and the Texas Constitution, Article VII, Section 5.

12. Proposed Amendment 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, §33.67, Bond Guarantee Program for Charter Schools
(First Reading and Filing Authorization) 

This item presents proposed amendment 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, §33.67, Bond Guarantee Program for Charter Schools, for first reading and filing authorization. The proposed amendment would add a definition of bond to the rule to define more precisely the types of debt that are eligible for guarantee. The proposed amendment would also add a definition of nationally recognized investment rating firm. In addition, the proposed amendment would modify the rule to require that each issuance of bonds approved for the guarantee be approved by the attorney general. Finally, the proposed amendment would clarify language regarding the treatment of charter schools that apply for the guarantee within 12 months of the date that their charter is due to expire. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(33) and §45.063, and the Texas Constitution, Article VII, Section 5.

COMMITTEE ON SCHOOL INITIATIVES

13. Review of Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates 

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. The proposed revisions would be necessary as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). The proposed revisions would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state. The statutory authority for 19 TAC Chapter 227, Subchapter A, is the Texas Education Code (TEC), §§21.031, 21.044(a), 21.0441, 21.049, 21.050(a), and 21.051. The statutory authority for 19 TAC Chapter 227, Subchapter B, is the TEC, §21.041(b)(1) and (4), and Texas Occupations Code, §53.105.

14. 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 amend 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments would be necessary as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs), and Senate Bill (SB) 460, 83rd Texas Legislature, Regular Session, 2013. The proposed amendments would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state. The statutory authority for 19 TAC Chapter 228 is the Texas Education Code (TEC), §§21.031, 21.041(b)(1) and (2), 21.044, 21.045(a), 21.049(a), 21.050(a) and (c), and 21.051.

15. Review of Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §§229.2-229.8 

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §§229.2-229.8. House Bill 2012, 83rd Texas Legislature, Regular Session, 2013, requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). Due to its related nature, a review of Chapter 229 was also conducted and, as a result, proposed amendments to Chapter 229 are necessary. The proposed amendments would update and make uniform definitions, modify the standards used for enforcing the reporting of data, clarify the standards used for accountability, adjust the small group exception requirements, and establish a new process for challenging sanctions imposed on programs that fail the accountability system. The statutory authority for 19 TAC Chapter 229 is the Texas Education Code (TEC), §§21.041(c) and (d), 21.045, 21.0451, and 21.0452.

16. Review of Proposed Amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines 

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action that would amend 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines. The proposed amendment would clarify that under the SBEC decision-making guidelines, actions that constitute "engaged in" and "solicitation" are distinct grounds for permanent revocation or denial of certification. The proposed amendment would also clarify that fact findings from final orders from other state jurisdictions may also provide the basis for initiating disciplinary proceedings in Texas. The statutory authority for 19 TAC §249.17 is the Texas Education Code (TEC), §§21.031(a); 21.041(b)(4) and (7); 21.058(a), (b), and (d); and 21.060; and the Texas Occupations Code, §53.021(a).

17. Review of Proposed Amendment to 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes 

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action that would amend 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment to 19 TAC §250.20 would clarify references to the Texas Education Agency (TEA) and update the petition form to reflect the name of the office to which the form should be mailed. The statutory authority for 19 TAC §250.20 is the Texas Education Code (TEC), §21.035 and §21.041(b)(1), and the Texas Government Code, §2001.021.

18. Consideration of Development of a Long-Range Plan for Public Education 

The committee and board will consider developing a long-range plan for public education. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c).

19. Proposed Revisions to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools
(Second Reading and Final Adoption) 

This item presents for second reading and final adoption the proposed revisions to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools. The proposed revisions would add new 19 TAC §100.1, Selection Process, and repeal 19 TAC §100.1, Application and Selection Procedures and Criteria; 19 TAC §100.101, Annual Report on Open-Enrollment Charter Governance; 19 TAC §100.103, Optional Open-Enrollment Charter Provisions for Contracting and Purchasing; and 19 TAC §100.105, Application to Public Senior College or University Charters and Public Junior College Charters. The proposed revisions would align State Board of Education (SBOE) rules with the Texas Education Code (TEC), Chapter 12, Subchapters D and E, as amended by Senate Bill (SB) 2, 83rd Texas Legislature, Regular Session, 2013. Statutory authority for this action is the TEC, §§12.101, 12.1053, 12.110, 12.111, 12.112, 12.119, 12.152, and 12.154, as amended by SB 2, 83rd Texas Legislature, Regular Session, 2013.

20. Review of the Commissioner of Education’s Generation 19 Charter Proposals 

This item provides the committee an opportunity to review the commissioner’s list of proposed/recommended Subchapter D open-enrollment charter schools scheduled to open in school year 2015-2016. If awarded, the charters will have a five-year term with a July 31, 2020 contract end date. Statutory authority for this action is the Texas Education Code (TEC), §12.101.

REPORTS OF COMMITTEES REGARDING AGENDA ITEMS ON
COMMITTEE AGENDAS
Committee chairs will present information concerning agenda items presented in the committees.

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 30, 2013 

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.