STATE BOARD OF EDUCATION
April 15, 2011
William B. Travis Building, Room 1-104
1701 N. Congress Avenue
Pledge of Allegiance
Approval of Minutes
State Board of Education, January 19, 2011
State Board of Education, January 21, 2011
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. Proposed Revisions to 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and proposed new 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter D, Other Technology Applications Courses. The proposed rule actions recommend an implementation date of the 2012-2013 school year for the revised technology applications Texas Essential Knowledge and Skills (TEKS). Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
4. Recommended Assessment of Penalties for Unauthorized Updates to Adopted Instructional Materials
This item recommends assessment of penalties for making unauthorized updates to instructional materials adopted under Proclamation 2010. According to 19 Texas Administrative Code (TAC) §66.75, a publisher must have State Board of Education (SBOE) approval before updating the content of state-adopted instructional materials. The rule further states that the SBOE may assess penalties against a publisher that fails to obtain approval for updates to content in state-adopted instructional materials prior to delivery of the materials to school districts. One publisher made updates to its adopted materials for English Language Arts, grade 1; Reading, grades 2-8; and Literature I-IV without SBOE approval. An administrative penalty may be assessed only after the SBOE has granted the publisher a hearing in accordance with Texas Education Code (TEC), §31.151, and the Administrative Procedures Act. Statutory authority for this action is the TEC, §31.151, and 19 TAC §66.75.
5. Report and Recommendations from the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Midcycle 2011 Proclamation
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, on the nonconforming list, or be rejected. The Midcycle 2011 Proclamation instructional materials will be used by school districts and open-enrollment charter schools beginning with school year 2011-2012. Midcycle 2011 Proclamation programs that were submitted for adoption include Career and Technical Education. Recommendations will also be made regarding ensuring the materials’ adherence to the required manufacturing standards and specifications. Statutory authority for this action is the Texas Education Code (TEC), §§31.022, 31.0221, 31.023, and 31.024.
6. Request for Special Consideration Regarding an Update to Adopted Instructional Materials
One publisher has requested approval to update adopted instructional materials. Great Source, an imprint of Houghton Mifflin Harcourt, is requesting to update its Texas Assessment Preparation student consumable and Texas Assessment Preparation teacher edition for its adopted Texas Write Source products for grades 2-12. These products were adopted under Proclamation 2011 in November of 2010 and are scheduled to be implemented in schools beginning with the 2011-2012 school year. Approval of the update would entail waiving one requirement of the update process described in 19 Texas Administrative Code §66.75. Statutory Authority for this action is the Texas Education Code (TEC), §31.022, and 19 Texas Administrative Code (TAC) §66.75.
COMMITTEE ON INSTRUCTION
Members: Barbara Cargill, Chair; Terri Leo, Vice Chair; Mary Helen Berlanga; George Clayton; and Marsha Farney.
7. Proposed Repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education, §89.4, Fiscal Responsibility
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter A, Gifted/Talented Education, §89.4, Fiscal Responsibility. The proposed repeal would remove the rule relating to the indirect cost allotment for gifted and talented education from 19 TAC Chapter 89 since the maximum allowable indirect cost referenced in 19 TAC Chapter 105, Foundation School Program, Subchapter B, Use of State Funds, §105.11, Maximum Allowable Indirect Cost, includes in rule the indirect cost for gifted and talented education. The repeal is proposed to avoid potential conflict with the governing rule, 19 TAC §105.11, if future revisions to statute change the allowable percentage for indirect costs for special program allotments. No additional changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §42.1541 and §42.156(b).
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
Members: Pat Hardy, Chair; Lawrence A. Allen, Jr.; David Bradley; Bob Craig; and Thomas Ratliff.
8. Authorization to Reopen the Request for Qualifications for Real Estate Investment Managers for the Permanent School Fund, RFQ #701-09-027 and Approval of Investments in Real Estate Funds
This item provides an opportunity for the board to reopen the request for qualifications for real estate investment managers for the Permanent School Fund, RFQ #701-09-027 and to approve investment in real estate funds. Statutory authority for this action is the Texas Constitution, Article VII, §5(f).
9. Approval of the Selection of a Firm(s) to Provide for Risk Parity Discretionary Manager for the Permanent School Fund and Authorization for Contract Execution by the Commissioner of Education
This item provides an opportunity for the committee and board to review and approve the selection of a firm(s) to provide for risk parity discretionary manager for the Permanent School Fund and authorization for contract execution by the commissioner of education. Statutory authority for this action is the Texas Constitution, Article VII, §5(f).
COMMITTEE ON SCHOOL INITIATIVES
Members: Ken Mercer, Chair; Charlie Garza, Vice Chair; Mavis B. Knight; Gail Lowe; and Michael Soto.
10. Review of Open-Enrollment Charter School Applications Removed from Consideration for Incompleteness
This item provides the Committee on School Initiatives an opportunity to review and confirm the removal of sixteenth generation open-enrollment charter school applications from consideration because of incompleteness. If an application removed from consideration by the agency because of incompleteness is determined by the committee to be complete, then the committee will direct Texas Education Agency staff to move the application forward for scoring by independent reviewers. Statutory authority for this action is the Texas Education Code (TEC), §12.101 and §12.110.
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 – Ms. Hardy
School Initiatives – Mr. Mercer
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.
1. State Board of Education Operating Rules, Amended January 19, 2011
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 December 1, 2010 and January 31, 2011.
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 remove the SBOE rules in 19 TAC Chapter 97, Planning and Accountability, Subchapter A, Accountability, from the rule review plan due to the transfer of rulemaking authority from the SBOE to the commissioner of education.