Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes
State Board of Education, September 18, 2009

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=3958 or in the information section (yellow pages) of the agenda.

1. Resolutions and Presentations

Resolution honoring winners of the 2009 National History Day contest

Resolution honoring winner of the National Geographic Bee

Resolution recognizing recipients of the Employers for Education Excellence award

(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 Section H of the Investment Procedures Manual

This item provides an opportunity for the committee and board to review and adopt amendments to Section H of the Investment Procedures Manual.

4. Proposed Amendments to Section 4.3 of the State Board of Education’s Operating Rules

Texas Education Code (TEC), §7.107, requires the State Board of Education to adopt rules of procedure at the first regular meeting after the election. This item provides the committee and board members with the opportunity to amend §4.3, Disclosure of Campaign Contributions and Gifts, of the operating rules.

5. Proposed Repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.1-110.7, Subchapter B, Middle School, §§110.21-110.24, and Subchapter C, High School, §§110.41-110.45, and Proposed Amendments to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, §§110.10, 110.17, and 110.30(First Reading and Filing Authorization)

This item presents for first reading and filing authorization the proposed repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.1-110.7, Subchapter B, Middle School, §§110.21-110.24, and Subchapter C, High School, §§110.41-110.45. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for Kindergarten-Grade 8 and English I-IV, and related implementation language, that were superseded by 19 TAC §§110.10-110.20 and §§110.30-110.34 of this chapter beginning with the 2009-2010 school year. This item also presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, §§110.10, 110.17, and 110.30 to remove references to rules that would be repealed. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

6. Proposed Repeal of 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7, Subchapter B, Middle School, §128.21 and §128.22, and Subchapter C, High School, §§128.41-128.43, and Proposed Amendments to 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, §§128.10, 128.17, and 128.30(First Reading and Filing Authorization)

This item presents for first reading and filing authorization the proposed repeal of 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7, Subchapter B, Middle School, §128.21 and §128.22, and Subchapter C, High School, §§128.41-128.43. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for Kindergarten-Grade 6 and English for Speakers of Other Languages (ESOL) I and II, and related implementation language, that were superseded by 19 TAC §§128.10-128.18 and §§128.30-128.32 of this chapter beginning with the 2009-2010 school year. This item also presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, §§128.10, 128.17, and 128.30 to remove references to rules that would be repealed. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

7. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.3, Description of a Required Secondary Curriculum (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, §74.3, Description of a Required Secondary Curriculum. The proposed amendment would make the rule related to graduation requirements consistent with recent legislation passed by the 81st Texas Legislature. No additional changes are recommended since approved for first reading. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

8. Proposed Revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions. The proposed revisions would amend an existing rule related to health education and add a new rule related to physical education consistent with recent legislation passed by the 81st Texas Legislature. No additional changes are recommended since approved for first reading. Statutory authority for this action is Texas Education Code (TEC), §7.102(c)(4), and §28.002(d), (p), (p-2), (p-3), (p-4), and (r).

9.Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005, and Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008 (First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005, and Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008. The proposed amendments would add additional courses for the fourth mathematics and science credit; and amend requirements for the minimum and advanced high school programs to align with the Recommended High School Program including adjustments to requirements for physical education credit and substitutions, health, and technology applications. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

10. Update on Texas Essential Knowledge and Skills (TEKS) Review

This item provides the opportunity for staff to present an update on the review of Texas Essential Knowledge and Skills (TEKS) and for the board to provide guidance regarding the TEKS review process. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025

11.Consideration of Texas Attorney General Opinion GA-0707 Regarding Transfers from the Permanent School Fund to the Available School Fund and Determination as to Whether Transfers May be Made from the Permanent School Fund to the Available School Fund

This item provides the opportunity for the board to consider Attorney General Opinion No. GA-0707. The board will receive an analysis of the opinion from legal counsel regarding the board’s duties and authority regarding the requirement in Article VII, section 5(a)(2) that the total amount distributed over ten years cannot exceed the total return on all investment assets of the PSF over the same ten year period. The board will determine whether transfers may be made from the Permanent School Fund to the Available School Fund in FY2010. Statutory authority for this action is the Texas Constitution, Article VII, section 5.

12.Report and Recommendations from the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Proclamation 2010

Proclamation 2010 of the State Board of Education (SBOE) calls for new instructional materials to be used in school districts and open-enrollment charter schools beginning in school year 2010-2011. Proclamation 2010 includes English Language Arts and Reading, Grades K-1; Spanish Language Arts and Reading, Grades K-1; Reading, Grades 2-5; Spanish Reading, Grades 2-5; Reading Elective, Grades 6-8; Literature, Grades 6-12; Spanish Literature, Grade 6; English for Speakers of Other Languages I and II; English Language Proficiency Standards Teacher Material, Grades 9-12; Advanced Placement (AP) English Language; AP English Literature; and International Baccalaureate (IB) Language Studies. This item will present the report and recommendations from the commissioner of education that instructional materials offered for adoption be placed on the conforming list, be placed on the nonconforming list, or be rejected. Recommendations will also be made regarding manufacturing standards and specifications, and correction of factual errors to be required in adopted materials. Statutory authority for this action is Texas Education Code (TEC), §31.023 and §31.024.

13. Statewide Licenses for Electronic Instructional Materials
This item is presented for consideration to accept statewide licenses for online instructional materials for use in school districts and open-enrollment charter schools. The statewide license must provide access to online instructional materials from the school, library or home. The online instructional materials provided statewide will be considered on the report and recommendations from the commissioner of education offered for adoption. Statutory authority for this action is Texas Education Code (TEC), §31.024 and §31.026.

14. Approval of Question and Answer Document for Proclamation 2011

Proclamation 2011 was issued by the State Board of Education (SBOE) in May 2008. Sample materials bid under Proclamation 2011 are due in the regional education service centers and in the Texas Education Agency in spring 2010. On April 30, 2008, staff presented an overview of how recommended state maximum costs for Proclamation 2010 and Proclamation 2011 instructional materials are calculated. On October 29, 2009, staff held an orientation meeting and publishers were given an opportunity to ask questions. The resulting question and answer document for Proclamation 2011 is presented for board approval. Statutory authority for this action is Texas Education Code (TEC), §28.002.

15. Proposed Revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials. The proposed revisions would implement changes to the instructional materials review and adoption process resulting from the 81st Texas Legislature, 2009. Statutory authority for this action is Texas Education Code (TEC), §7.102(c)(23) and §31.003.

COMMITTEE ON INSTRUCTION
Members: Barbara Cargill, Chair; Ken Mercer, Vice Chair; Lawrence A. Allen, Jr.; Terri Leo; and Geraldine Miller.

16. Proposed Revisions to 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, and Subchapter B, Development and Administration of Tests(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, and Subchapter B, Development and Administration of Tests. The proposed revisions would implement House Bill (HB) 3, 81st Texas Legislature, 2009, which requires conforming changes to State Board of Education (SBOE) assessment rules relating to requirements for student testing, graduation, grade advancement, remediation, release of tests, performance standards, and private school administration of state tests. No additional changes are recommended since approved for first reading. Statutory authority for this action is Texas Education Code (TEC) §§28.0211, 39.023, 39.0241, 39.027, and 39.033, as amended and added by HB 3, 81st Texas Legislature, 2009.

17. Recommended Penalties for Failure to Correct Factual Errors in Adopted Instructional Materials

This item recommends penalties for failure to correct factual errors in instructional materials adopted under Proclamation 2000 in November 2002, Proclamation 2004 in November 2006, and Proclamation 2005 in November 2007. Texas Education Code (TEC), §31.151, establishes the duties of publishers, including the requirement that publishers submit an affidavit certifying that instructional materials offered in this state are free of factual errors. The State Board of Education (SBOE) is authorized to impose a reasonable administrative penalty against a publisher or manufacturer found in violation of a provision of TEC, §31.151. An administrative penalty shall be assessed only after the SBOE has granted the publisher or manufacturer a hearing in accordance with TEC, §31.151, and the Administrative Procedures Act. A penalty collected under this section shall be deposited to the credit of the state textbook fund. Statutory authority for this action is TEC, §31.151.

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
Members: David Bradley, Chair; Rick Agosto, Vice Chair; Cynthia Dunbar; Gail Lowe; and Rene Nuñez.

18. Proposed Amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter B, Use of State Funds, §105.11, Maximum Allowable Indirect Cost(Second Reading and Final Adoption)

This item presents proposed amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter B, Use of State Funds, §105.11, Maximum Allowable Indirect Cost, for second reading and final adoption. The proposed amendment would update the rule to reflect a change to the use of special program allotments for indirect or administrative expenses, in accordance with House Bill (HB) 3646, 81st Texas Legislature, 2009. Statutory authority for this action is Texas Education Code (TEC), §§42.151(h), 42.152(c), 42.153(b), 42.154(c), 42.156(b), and 42.1541.

19. 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 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 the current rule to reflect statutory changes resulting from the 81st Texas Legislature, 2009, and add clarifying language. Statutory authority for this action is the Texas Education Code (TEC), §25.087 and §42.004.

20. Report on Back-Ordered Instructional Materials and Recommendations for Penalties
Each publisher shall have adopted instructional materials in stock and available for distribution to school districts during the entire adoption period as specified in 19 Texas Administrative Code (TAC) §66.78(b). A back order is defined as adopted instructional material not in stock when ordered and not available for delivery to school districts or open-enrollment charter schools on the specified shipment date. This item presents a report on back-ordered instructional materials and recommends penalties to be assessed for publishers with materials not in stock and available for shipment prior to the first day of school year 2008-2009. Statutory authority for this action is the Texas Education Code (TEC), §31.151 and 19 TAC §66.10(g).

21. Large Type Materials for the Visually Impaired

This item proposes acceptance of proposals for production of large type versions of textbooks to be adopted by the State Board of Education (SBOE) in November 2009. At the November 2009 meeting, the board will award a production contract based on the recommendations of a review panel of Texas teachers of the visually impaired. Statutory authority for this action is the Texas Education Code (TEC), §31.028.

22. Braille Materials for the Visually Impaired

This item proposes acceptance of proposals from Braille producers for production of Braille textbook masters and Braille textbook copies from textbooks to be adopted by the State Board of Education (SBOE) in November 2009. At the November 2009 meeting, the board will award production contracts based on the recommendations of a review panel of experts on Braille. Statutory authority for this action is the Texas Education Code (TEC), §31.028.

23. Selection of Qualified Respondents for Request for Qualifications (RFQ) for Investment Management Services for Real Estate

This item provides an opportunity for the committee and board to approve a list of qualified candidates who responded to the request for qualifications for investment management services for real estate. Statutory authority for this action is the Texas Constitution, Article VII, §5(f).

24. Review of the Absolute Return Asset Class

This item provides an opportunity for the committee to receive an overview and recommendation of the absolute return asset class investments for the Permanent School Fund from NEPC, the Fund’s general investment consultant. The board may consider manager allocations and any changes necessary to those allocations. Statutory authority for this action is the Texas Constitution, Article VII, §5(f).

COMMITTEE ON SCHOOL INITIATIVES
Members: Bob Craig, Chair; Mavis B. Knight, Vice Chair; Mary Helen Berlanga; Pat Hardy; and Don McLeroy.

25. Review of Proposed Amendments to 19 TAC Chapter 239, Student Services Certificates

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 239, Student Services Certificates. The proposed amendments would update the rules to reflect current law relating to the school counselor certificate, school librarian certificate, educational diagnostician certificate, reading specialist certificate, and master teacher certificate. The statutory authority for the proposed amendments to 19 TAC Chapter 239 is the Texas Education Code (TEC), §§21.031(a), 21.040(4), 21.041(b)(1)-(5), 21.044, 21.048(a), 21.054, and 22.0831(f), for Subchapter A; the TEC, §§21.040(4), 21.041(b)(2)-(4), 21.044, 21.048(a), and 21.054, for Subchapter B; the TEC, §21.031(a) and §21.041(a) and (b)(1)-(4), for Subchapter C; the TEC, §21.031(a) and §21.041(b)(1)-(4), for Subchapter D; and the TEC, §§21.031(a), 21.041(b)(1)-(4) and (9), 21.048(a), 21.0481, 21.0482, 21.0483, and 21.0484, for Subchapter E.

26. Review of Proposed Repeal of 19 TAC Chapter 240, American Sign Language Certificate

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action that would repeal 19 TAC Chapter 240, American Sign Language Certificate. Current rules for the American Sign Language (ASL) certificate, based on standards established for the Texas Examination of Educator Standards (TExES) are in 19 TAC §231.1, Criteria for Assignment of Public School Personnel, and §233.15, Languages Other Than English. The statutory authority for the proposed repeal of 19 TAC Chapter 240 is the Texas Education Code (TEC), §21.031(a) and §21.041(b)(1), (2) and (6).

27. Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.105, Application to Public Senior College or University Charters
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed amendment to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.105, Application to Public Senior College or University Charters. The proposed amendment would include public junior colleges as potential charter holders, granted under Texas Education Code (TEC), Chapter 12, Subchapter E, as amended by House Bill (HB) 1423, 81st Texas Legislature, 2009. No additional changes are recommended since approved for first reading. Statutory authority for this action is TEC §12.152 and §12.154.

28. Proposed Guidelines and Application for Open-Enrollment Charters

This item provides the State Board of Education (SBOE) an opportunity to adopt the application form for the fifteenth generation of open-enrollment charter schools. Authority for this action is the Texas Education Code (TEC), §12.101 and §12.110.

29. Proposed Guidelines and Application for Public College or University Charters

This item provides the State Board of Education (SBOE) an opportunity to adopt the application form for the public college or university open-enrollment charters. Authority for this action is Texas Education Code, §12.152 and §12.154.

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

Instruction – Mrs. Cargill
School Finance/Permanent School Fund – Mr. Bradley
School Initiatives – Mr. Craig

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 21, 2009 

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

3. Current Status of the Permanent School Fund 

4. Report of Commissioner of Education Action on Amendments to Open-Enrollment Charters

This item lists charter school amendments that were acted upon by the commissioner of education between August 1, 2009 and September 30, 2009.

5. 2009-2013 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 2009 through August 2013. Texas Government Code, §2001.039, requires the rule review of existing state agency rules, including SBOE rules. The rule review requirement is designed to ensure that the reason for initially adopting a rule continues to exist. This item also presents an update to the plan to change the dates to begin the review of three chapters to coincide with the 2010 SBOE meeting schedule.

6. Notice of Intent to Amend the Financial Accountability System Resource Guide

This item provides notice of intent to amend the Financial Accountability System Resource Guide. In accordance with 19 Texas Administrative Code (TAC) §109.41, the commissioner of education shall amend the Financial Accountability System Resource Guide, as needed, adopting it by reference per 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter C, Adoptions by Reference. The amendment being proposed includes updates as a result of recent legislative changes. The effective date of the proposed amendment will be 20 days after filing as adopted with the Texas Register.

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