THURSDAY
November 17, 2011
2:00 p.m.
COMMITTEE ON SCHOOL INITIATIVES - Room 1-111
Members: Ken Mercer, Chair; Charlie Garza, Vice Chair; Mavis B. Knight; Gail Lowe; and Michael Soto. A quorum of the State Board of Education may attend the committee meeting and discuss items on the committee agenda.
Public Testimony - Individual testimony will be taken at the time the related item comes up for committee discussion or action. 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=2147497741.
1. Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.2, Nomination of Trustees for Military Reservation School Districts and Boys Ranch Independent School District
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.2, Nomination of Trustees for Military Reservation School Districts and Boys Ranch Independent School District. The proposed amendment would specify the term of office for board members appointed to all types of special-purpose school districts and clarify the process for filling a vacancy on a special-purpose school district board resulting from the disqualification or resignation of a board member. Statutory authority for this action is the Texas Education Code (TEC), §11.352.
COMMITTEE - ACTION
SBOE - CONSENT
2. Recommendation for Appointment to the Lackland Independent School District Board of Trustees
This item provides an opportunity for board consideration of one appointment to the board of trustees of the Lackland Independent School District. The appointment is necessary due to the expiration of the term of office for one board member. Statutory authority for this action is the Texas Education Code (TEC), §11.352, and 19 Texas Administrative Code (TAC) §61.2.
COMMITTEE - ACTION
SBOE - CONSENT
3. Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, and 19 TAC Chapter 247, Educators' Code of Ethics, §247.1, Purpose and Scope; Definitions
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 249, Disciplinary Proceedings, Sanctions, and Contested Cases, and 19 TAC Chapter 247, Educators' Code of Ethics, §247.1, Purpose and Scope; Definitions. The proposed amendments to 19 TAC Chapter 249 would update statutory and administrative rule references, as well as clarify and streamline the SBEC disciplinary procedures and standards. This item also proposes an amendment to 19 TAC §247.1 to ensure that the definitions are consistent with 19 TAC §249.3, Definitions. The statutory authority for the proposed amendments to 19 TAC Chapter 249, Subchapter A, is the Texas Education Code (TEC), §§21.006(b-1) and (g); 21.007; 21.031(a); 21.035; 21.040(6) and (7); 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a); 21.058; 21.060; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.087; and 57.491(g); Texas Government Code, §§411.087, 411.090, and 2001.058(f); Texas Family Code, §261.308(d) and (e) and §261.406(a) and (b); and Texas Occupations Code, §§53.021(a), 53.022-53.025, 53.051, and 53.052; for Subchapter B is the TEC, §§21.006(b-1) and (g); 21.007; 21.031(a); 21.035; 21.040(6) and (7); 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a); 21.058; 21.060; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.087; and 57.491(g); Texas Government Code, §§411.087, 411.090, and 2001.058(f); Texas Family Code, §261.308(d) and (e) and §261.406(a) and (b); and Texas Occupations Code, §§53.021(a), 53.022-53.025, and 53.051; for Subchapter C is the TEC, §§21.031(a); 21.035; 21.040(6) and (7); and 21.041(a) and (b)(1) and (7); Texas Government Code, §2001.058(f); and Texas Occupations Code, §53.024 and §53.051; for Subchapter D is the TEC, §§21.031(a); 21.035; 21.040(6) and (7); and 21.041(a) and (b)(1) and (7); Texas Government Code, §2001.058(f); and Texas Occupations Code, §53.024 and §53.051; and for Subchapter E is the TEC, §§21.031(a); 21.035; 21.040(6) and (7); and 21.041(a) and (b)(1), (4), and (7); Texas Government Code, §2001.058(f); and Texas Occupations Code, §§53.021(a), 53.022-53.025, and 53.051. The statutory authority for the proposed amendment to 19 TAC §247.1 is the TEC, §21.041(b)(1), (7), and (8).
COMMITTEE - ACTION
SBOE - ACTION
4. Proposed Repeal of 19 TAC Chapter 97, Planning and Accountability, Subchapter A, Accountability
(Second Reading and Final Adoption)
This item presents for second reading and final adoption the proposed repeal of 19 TAC Chapter 97, Planning and Accountability, Subchapter A, Accountability. The proposed repeal is necessary to reflect statutory changes resulting from House Bill (HB) 3, 81st Texas Legislature, 2009, which transferred authority to adopt student achievement indicators from the State Board of Education (SBOE) to the commissioner of education. No additional changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§39.051-39.054, as amended and added by HB 3, 81st Texas Legislature, 2009.
COMMITTEE - ACTION
SBOE - ACTION
5. Adoption of Review of and Proposed Amendments to 19 TAC Chapter 157, Hearings and Appeals, Subchapter A, General Provisions for Hearings Before the State Board of Education, and Subchapter D, Independent Hearing Examiners
(Adoption of Review)
(First Reading and Filing Authorization of Amendment)
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 157, Hearings and Appeals, Subchapter A, General Provisions for Hearings Before the State Board of Education, and Subchapter D, Independent Hearing Examiners. Subchapter A establishes the procedures for appeals heard by the SBOE regarding administrative penalties for violations of textbook requirements. Subchapter D sets forth the certification criteria for independent hearing examiners who conduct due process termination, nonrenewal, and suspension without pay hearings at the school district level. This item also presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 157, Subchapters A and D, that would prohibit parties to a contested case before the SBOE from communicating with board members during the pendency of the case, address technological advances, and standardize references to independent hearing examiners. The statutory authority for the rule review is Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 157, Subchapter A, is Texas Education Code (TEC), §31.151, and Texas Government Code, §2001.004. The statutory authority for Subchapter D is TEC, §21.252.
COMMITTEE - ACTION
SBOE - ACTION
6. Proposed Selection of a Public College or University Charter
This item provides the board an opportunity to approve the operation of a public college or university open-enrollment charter school for opening in the 2012-2013 school year. The interview for the proposed school to be operated by the University of Texas at Tyler will be conducted during the meeting of the Committee on School Initiatives on November 17, 2011. Statutory authority for this action is the Texas Education Code (TEC), §12.152 and §12.154.
COMMITTEE - ACTION
SBOE - ACTION
NOTE: The chair may permit the board to take up and discuss any of the discussion items on a committee agenda, including hearing any invited presentations to a committee, based upon a recommendation from the committee or inability of the committee to complete its agenda on a preceding day.