OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
July 23, 2010
9 a.m.
William B. Travis Building, Room 1-104
1701 N. Congress Avenue
Invocation
Pledge of Allegiance
Roll Call
Approval of Minutes
State Board of Education, May 21, 2010
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.
1. Resolutions and Presentations
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. Consideration of Petition for Adoption of Rule Concerning 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials
A petition to amend 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, has been received from Mr. Carl Olson, founder of Textbook Trust, Woodland Hills, California. The petition requests that a rule be established requiring the Texas Education Agency (TEA) to establish an office to administer Texas Education Code (TEC), §31.151, regarding factual accuracy in textbooks. This item provides the opportunity for the State Board of Education (SBOE) to consider the petition. Statutory authority for this action is Texas Government Code, §2001.021; 19 TAC §30.1; and TEC, §31.003.
4. Review of the Report on Permanent School Fund Percentage Distribution Rates Under Consideration for Fiscal Years 2012 and 2013
This item provides an opportunity for the committee and board to evaluate and approve the report on Permanent School Fund percentage distribution rates under consideration for fiscal years 2012 and 2013. Statutory authority for this action is the Texas Constitution, Article 7, Section 5.
5. Approval of Question and Answer Document for Supplemental Science
The request for Supplemental Science instructional materials was issued by the State Board of Education (SBOE) in May 2010. Sample materials bid under Supplemental Science are due in the regional education service centers and in the Texas Education Agency in spring 2011. On May 21, 2010, staff presented cost models for the board to consider for Supplemental Science instructional materials. The resulting question and answer document for Supplemental Science instructional materials is presented for board approval. Statutory authority for this action is Texas Education Code (TEC), §31.035.
6. Review and Adoption of the Long-Term Strategic Asset Allocation Plan of the Permanent School Fund
This item provides an opportunity for the committee and board to review and adopt the long-term strategic asset allocation plan of the Permanent School Fund. Statutory authority for this action is the Texas Constitution, Article VII, §5(f).
COMMITTEE ON INSTRUCTION
Members: Barbara Cargill, Chair; Ken Mercer, Vice Chair; Lawrence A. Allen, Jr.; Terri Leo; and Geraldine Miller.
7. Proposed Amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings. The proposed amendments would incorporate technical edits to 19 TAC §89.61, Contracting for Residential Educational Placements for Students with Disabilities, and 19 TAC §89.63, Instructional Arrangements and Settings, for clarification resulting from changes to state law and federal regulations. No additional changes are recommended since approved for first reading. Statutory authority for this action is Texas Education Code (TEC), §42.151(e) and (g).
8. Proposed Repeal of Career and Technical Education Texas Essential Knowledge and Skills in 19 TAC Chapters 119-125 and Proposed Revisions to 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development
(Second Reading and Final Adoption)
This item presents for second reading and final adoption the proposed repeal of 19 TAC Chapter 119, Texas Essential Knowledge and Skills for Agricultural Science and Technology Education; Chapter 120, Texas Essential Knowledge and Skills for Business Education; Chapter 121, Texas Essential Knowledge and Skills for Health Science Technology Education; Chapter 122, Texas Essential Knowledge and Skills for Home Economics Education; Chapter 123, Texas Essential Knowledge and Skills for Technology Education/Industrial Technology Education; Chapter 124, Texas Essential Knowledge and Skills for Marketing Education; and Chapter 125, Texas Essential Knowledge and Skills for Trade and Industrial Education. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for high school Career and Technical Education courses that will be superseded by 19 TAC Chapter 130, beginning with the 2010-2011 school year. This item also presents for second reading and final adoption proposed revisions to 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development. The proposed revisions to 19 TAC Chapter 127 would repeal the TEKS adopted to be effective in 1998 for Career Investigation in 19 TAC §127.2 and Career Connections in 19 TAC §127.12 that will be superseded by 19 TAC §127.3 and §127.4 and §§127.13-127.15 of this chapter beginning with the 2010-2011 school year. The proposed revisions would also remove references in 19 TAC §127.1 and §127.11 to rules that would be repealed. 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, 28.0022, and 28.025.
9. Proposed Repeal of 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter A, Elementary, §§112.1-112.7, Subchapter B, Middle School, §§112.21-112.24, and Subchapter C, High School, §§112.41-112.49, and Proposed Amendments to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, §§112.10, 112.17, and 112.31
(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 A, Elementary, §§112.1-112.7, Subchapter B, Middle School, §§112.21-112.24, and Subchapter C, High School, §§112.41-112.49. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for Kindergarten-Grade 8 and high school science courses, and related implementation language, that will be superseded by 19 TAC §§112.10-112.20 and §§112.31-112.39 of this chapter beginning with the 2010-2011 school year. This item also presents for second reading and final adoption proposed amendments to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, §§112.10, 112.17, and 112.31, to remove references to rules that would be repealed. 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.
10. 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 update various sections within the subchapter as a result of the statutorily required four-year review of rules. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, 28.025, 28.053, and 38.003.
11. Proposed Approval of Innovative Course
This item recommends approval of an innovative course that does not fall within any of the subject areas of the foundation or enrichment curriculum. Statutory authority for this action is Texas Education Code (TEC), §28.002(f).
12. 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.
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
Members: David Bradley, Chair; Rick Agosto, Vice Chair; Cynthia Dunbar; Gail Lowe; and Rene Nuñez.
13. Per Capita Apportionment Rate for the 2009-2010 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. The recommended revised rate for the 2009-2010 school year will be proposed at the July meeting of the Committee on School Finance/Permanent School Fund. Statutory authority for this action is Texas Education Code, (TEC) §42.004 and §43.001(b).
14. Production of Large Type Materials for Texas Public Schools
This item proposes acceptance of a proposal for production of large type versions of the textbooks scheduled to be adopted by the State Board of Education (SBOE) in November 2010. At that time, the board is scheduled to award a production contract based on the recommendations of a review panel of outstanding Texas teachers of the visually impaired. Statutory authority for this action is Texas Education Code (TEC), §31.028.
15. Accessible Digital Textbook Files and Materials for Texas Public Schools
This item proposes acceptance of proposals for production of an array of accessible digital textbook files and instructional materials including digital braille files for use with portable braille-reading devices, other accessible student-ready digital files, tactile graphics, and embossed braille textbook copies from the textbooks scheduled to be adopted by the board in November 2010. At the November 2010 meeting, the board is scheduled to award production contracts based on the recommendations of a review panel of experts on accessible instructional materials. Statutory authority for this action is Texas Education Code (TEC), §31.028.
16. Decision to Consider the Schedule of the Request for Proposals for the Absolute Return Discretionary Separately Managed Account Fund-of-Hedge Funds Manager
This item provides an opportunity for the board to review the schedule for the request for proposals for the absolute return discretionary separately managed account fund-of-hedge funds manager, and consider possible changes in the schedule. Statutory authority for this action is the Texas Constitution, Article VII, §5(f).
17. Selection of Qualified Respondents for Request for Qualifications (RFQ) for Fiduciary Counsel, Alternative Assets Portfolio/Contracting and Tax Counsel for the Permanent School Fund
This item provides an opportunity for the committee and board to review and approve a list of qualified candidates who responded to the request for qualifications for Fiduciary Counsel, Alternative Assets Portfolio/
Contracting and Tax Counsel for the Permanent School Fund. The board will interview candidates as needed. 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.
18. Review of Proposed Amendment to 19 TAC Chapter 231, Assignment of Public School Personnel, §231.1, Criteria for Assignment of Public School Personnel
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 231, Assignment of Public School Personnel, §231.1, Criteria for Assignment of Public School Personnel. The proposed amendment would update the figure in 19 TAC §231.1(e) as a result of recent revisions to the Texas Essential Knowledge and Skills (TEKS) and course offerings for career and technical education (CTE) mandated by House Bill (HB) 3485, 80th Texas Legislature, 2007. The proposed amendment would also include technical changes that would clarify and update other content areas. The statutory authority for the proposed amendment to 19 TAC §231.1 is the Texas Education Code (TEC), §21.031(a) and §21.041(b)(1) and (2).
19. Review of Proposed Revisions to 19 TAC Chapter 250, Agency Administration
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 250, Agency Administration. The proposed revisions would update the rules to reflect current law and the fact that, pursuant to the Texas Education Code (TEC), §21.035, the Texas Education Agency (TEA) provides the SBEC's administrative functions and services, which include purchasing, rulemaking, and contracts. The statutory authority for the proposed revisions to 19 TAC Chapter 250 is the TEC, §§21.035, 21.040(5) and (6), and 21.041(a) and (b)(1), and Texas Government Code, §§572.051, 2155.076, and 2161.003, for Subchapter A; the TEC, §21.041(b)(1), and Texas Government Code, §2001.021, for Subchapter B; the TEC, §21.040(5), and Texas Government Code, §656.048 and §656.102, for Subchapter C; and the TEC, §21.041(b)(1), and Texas Government Code, §2260.052(c), for Subchapter D.
20. Adoption of Governance Reporting Form for Open-Enrollment Charter Schools
This item provides the State Board of Education (SBOE) an opportunity to approve a governance reporting form for open-enrollment charter schools. Statutory authority for this action is Texas Education Code (TEC), §12.119.
21. Proposed Guidelines and Application for Open-Enrollment Charters
This item provides the State Board of Education (SBOE) an opportunity to adopt the application and timeline for the sixteenth generation of open-enrollment charter schools. Statutory authority for this action is Texas Education Code (TEC), §12.101 and §12.110.
22. 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. Statutory authority for this action is Texas Education Code (TEC), §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 November 20, 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 and Renewals of Open-Enrollment Charters
This item lists charter school amendments and renewals that were acted upon by the commissioner of education between April 1, 2010 and May 31, 2010.
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.
6. Review of Annual Audit Plan of the Division of Financial Audits for 2010-2011
This item covers the annual audit plan of the Division of Financial Audits for the 2010-2011 school year. The annual audit plan describes the numbers and types of audits, areas or documents to be examined, and the scheduled time periods for accomplishing the division’s activities during the 2010-2011 fiscal year. The commissioner of education submits the annual audit plan to the Committee on School Finance/Permanent School Fund in accordance with 19 TAC Chapter 109, Texas Education Agency Audit Functions, §109.21, Annual Audit Plan.
7. 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 software standards adopted by the Texas Department of Information Resources (DIR) as required by House Bill (HB) 1705, 81st Texas Legislature, 2009. The charter school supplement will also be updated to reflect the same changes. The effective date of the proposed amendment will be 20 days after filing as adopted with the Texas Register. Statutory authority is Texas Education Code (TEC), §§7.055, 7.102(c)(32), 44.001, 44.007, and 44.008.