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

Heroes for Children, State Board of Education Districts 1-15

(No Exhibit)

Balanced treatment of religious groups in textbooks

(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. Proposal Options for Supplemental Science Instructional Materials

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 July 21, 2010, staff presented the Supplemental Science Question and Answer document for approval. Statutory authority for this action is Texas Education Code (TEC), §31.035.

4. 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, §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 FY2011 and whether a catch up payment may be made for FY 2010. Statutory authority for this action is theTexas Constitution, Article VII, §5.

5. 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 the fiscal years beginning September 1, 2012 and September 1, 2013. Statutory authority for this action is theTexas Constitution, Article VII, §5.

COMMITTEE ON INSTRUCTION

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

6. Approval of Proposed Updates to The Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders

This item recommends approval of updated language in The Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders. Statutory authority for this action isTexas Education Code (TEC), §38.003.

7. Approval of Proposed Personal Financial Literacy Materials

This item recommends approval of personal financial literacy materials to be used in high school economics courses. Statutory authority for this action is Texas Education Code (TEC), §28.0021.

8. 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.

This item recommends penalties for failure to correct factual errors in instructional materials adopted under Proclamation 2004 in November 2006. 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 isTEC, §31.151.

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND

Members: David Bradley, Chair; Rick Agosto, Vice Chair; Cynthia Dunbar; Gail Lowe; and Rene Nuñez.

10. Per Capita Apportionment Rate for the 2010-2011 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 rate for the 2010-2011 school year will be proposed at the September 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).

11. Decision on Real Estate Investments

This item provides an opportunity for the committee and board to review and consider possible real estate investments in AG Core Plus Realty Fund III, L.P. and AG Realty Fund VIII, L.P. Statutory authority for this action is the Texas Constitution, Article VII, §5(f).

12. Authorization to Issue a Request for Proposals for Risk Parity Asset Class

This item provides an opportunity for the board to approve the issuance of a request for proposals for the risk parity asset class. Statutory authority for this action is theTexas 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.

13. Adoption of the Review of and Proposed Amendments to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship
(Adoption of Review)
(First Reading and Filing Authorization of Amendments)

Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the adoption of the review of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship. The rules being reviewed specify requirements for continuing education for school board trustees and nominating trustees for military reservation school districts and Boys Ranch Independent School District (ISD). This item also presents proposed amendments to 19 TAC §61.1, Continuing Education for School Board Members, and §61.2, Nomination of Trustees for Military Reservation School Districts.The statutory authority for the rule review is Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 61, Subchapter A, is Texas Education Code (TEC), §11.159 and §11.352.

14. Review of Proposed New 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter B, Preliminary Evaluation of Certification Eligibility, and Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.436, Schedule of Fees for Certification Services

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 new 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter B, Preliminary Evaluation of Certification Eligibility, and amend 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.436, Schedule of Fees for Certification Services. House Bill (HB) 963, 81st Texas Legislature, 2009, requires state licensing agencies to adopt rules necessary to administer requests for preliminary criminal history evaluations. The proposed new subchapter would provide procedures that allow for administering and responding to requests for preliminary criminal history evaluations. This item also proposes an amendment to 19 TAC §230.436 to provide a nonrefundable fee for a request for preliminary criminal history evaluation as authorized by HB 963. The statutory authority for proposed new 19 TAC Chapter 227, Subchapter B, is the Texas Education Code (TEC), §21.041(b)(1) and (4), and Texas Occupations Code, Chapter 53, Subchapter D. The statutory authority for the proposed amendment to 19 TAC §230.436 is the TEC, §21.041(d), and Texas Occupations Code, §53.105.

15. Review of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.437, Issuance of Additional Certificates Based on Examination, and Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs, §230.483, Specific Requirements for Standard Career and Technical Education Certificates Based on Experience and Preparation; and 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.14, Career and Technical Education (Certificates requiring experience and preparation in a skill area)

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 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.437, Issuance of Additional Certificates Based on Examination, and Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs, §230.483, Specific Requirements for Standard Career and Technical Education Certificates Based on Experience and Preparation; and 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.14,Career and Technical Education (Certificates requiring experience and preparation in a skill area). The proposed amendments would allow the Marketing Education: Grades 8-12 certificate to be obtained through certification by examination and would allow either a school district or an educator preparation program to review and approve the required two years of work experience. The statutory authority for the proposed amendment to 19 TAC §230.437 is the Texas Education Code (TEC), §§21.031(a), 21.041(b)(1)-(5) and (9) and (c), and 21.048(a). The statutory authority for the proposed amendment to 19 TAC §230.483 is the TEC, §21.031(a) and §21.041(b)(1)-(3). The statutory authority for the proposed amendment to 19 TAC §233.14 is the TEC, §§21.003(a), 21.031, 21.041(b)(1)-(4), and 21.048(a).

16. Review of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §§233.1, General Authority; 233.2, Generalist; 233.3, English Language Arts and Reading; Social Studies; 233.4, Mathematics; Science; 233.12, Career and Technical Education (Certificates not requiring experience and preparation in a skill area); and 233.15, Languages Other Than English

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 233, Categories of Classroom Teaching Certificates, §§233.1, General Authority; 233.2, Generalist; 233.3, English Language Arts and Reading; Social Studies; 233.4, Mathematics; Science; 233.12, Career and Technical Education (Certificates not requiring experience and preparation in a skill area); and 233.15, Languages Other Than English. The proposed amendments would update the rules to clarify that assignment criteria are specified in 19 TAC §231.1, Criteria for Assignment of Public School Personnel, and remove expired provisions. The proposed amendments would also add a new certificate for Speech: Grades 7-12, to be issued no earlier than November 1, 2010; and expand the certificates issued for languages other than English (LOTE) by adding four new certificates for Hindi, Italian, Turkish, and Urdu in Early Childhood-Grade 12, to be issued no earlier than November 1, 2010. The statutory authority for the proposed amendments to 19 TAC §§233.1-233.4, 233.12, and 233.15 is the Texas Education Code (TEC), §§21.003(a), 21.031(a), and 21.041(b)(1) and (4).

17. Review of Proposed Revisions to 19 TAC Chapter 244, Certificate of Completion of Training for Appraisers

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 244, Certificate of Completion of Training for Appraisers. The proposed revisions would update the rules to reflect current law regarding the certification of appraisers of educators employed in Texas public schools.The statutory authority for the proposed revisions to 19 TAC Chapter 244 is the Texas Education Code (TEC), §21.041(b)(10).

18. Proposed Selection of Open-Enrollment Charter Schools

This item provides the board an opportunity to approve the operation of additional open-enrollment charter schools, which are expected to open in school year
2011-2012. Statutory authority for this action is 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.

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 Open-Enrollment Charters

This item lists charter school amendments that were acted upon by the commissioner of education between June 1, 2010 and July 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. State Board of Education Meeting Schedule for 2011

According to the Texas Education Code, §7.106, the State Board of Education (SBOE) is to hold four meetings a year in Austin, Texas on dates determined by the chair. The SBOE may also hold other meetings as may be called by the chair. The purpose of this item is to announce SBOE meeting dates in 2011.

Page last modified on 9/15/2010 04:25:02 PM.