STATE BOARD OF EDUCATION
AUSTIN, TEXAS
April 20, 2012
9 a.m.
William B. Travis Building, Room 1-104
1701 N. Congress Avenue
Student Performance
Invocation
Pledge of Allegiance
Roll Call
Approval of Minutes
State Board of Education, January 27, 2012
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=2147497741.
1. Resolutions and Presentations
Resolution in memory of Kathlyn Christian Gilliam
(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. Review of the Report on Permanent School Fund Percentage Distribution Rates Under Consideration for Fiscal Years 2014 and 2015
This item provides an opportunity for the board to evaluate and approve the report on Permanent School Fund percentage distribution rates under consideration for fiscal years 2014 and 2015. Statutory authority for this action is the Texas Constitution, Article 7, Section 5.
4. Proposed Revisions to 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and Subchapter D, Other High School Mathematics Courses
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and Subchapter D, Other High School Mathematics Courses. The proposed revisions recommend an implementation date of the 2014-2015 school year for the revised mathematics Texas Essential Knowledge and Skills (TEKS) in Kindergarten-Grade 8 and an implementation date of the 2015-2016 school year for the revised mathematics TEKS for high school if the commissioner makes the determination that instructional materials have been made available. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, 28.0021, and 28.025.
5. Proposed Revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions; Subchapter B, State Adoption of Instructional Materials; Subchapter C, Local Operations; Subchapter D, Special Instructional Materials; and Subchapter E, Disposition of Instructional Materials. The proposed revisions would implement changes to the instructional materials review and adoption process resulting from Senate Bill (SB) 6, 82nd Texas Legislature, First Called Session, 2011. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(23) and §31.003.
6. Proclamation 2014 of the State Board of Education Advertising for Bids on Instructional Materials
Proclamation 2014 advertises for bids on new instructional materials to be used by school districts and open-enrollment charter schools beginning in school year 2014-2015. The proposed proclamation contains Texas Essential Knowledge and Skills (TEKS) in each subject for which bids are being invited, specifications for providing computerized files to produce Braille versions of adopted instructional materials, and a schedule for the adoption. The subjects and grade levels proposed for Proclamation 2014 include Science, grades K-12; Mathematics, grades K-8, and Technology Applications. The proclamation is presented for approval in accordance with Texas Education Code (TEC), §31.022. Statutory authority for this action is the TEC, §31.022.
COMMITTEE ON INSTRUCTION
Members: George Clayton, Chair; Marsha Farney, Vice Chair; Mary Helen Berlanga; Barbara Cargill; and Terri Leo.
No Action Items
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
Members: Pat Hardy, Chair; Lawrence A. Allen, Jr.; David Bradley; Bob Craig; and Thomas Ratliff.
7.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 first reading and filing authorization 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. The proposed amendment would amend the rule to make it more logically organized, to delete obsolete provisions, and to update provisions describing conditions under which a student who is not on campus at attendance time may be considered in attendance. The proposed amendment would also remove language that duplicates statutory language and replace it with a reference to the applicable statute. Statutory authority for this action is the Texas Education Code (TEC), §42.004.
8. Proposed Amendments to 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund. The proposed amendments would implement changes reflecting the November 8, 2011, voter approval of Proposition 6, the constitutional amendment that expanded the base by which Permanent School Fund distributions to the Available School Fund are calculated. Additional changes are also proposed that would clarify current procedures and policies. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(31) and (33), 43.0031-43.0034, and 43.004; Texas Government Code, §2263.004; and Texas Constitution, Article VII, §5(a)(2), (d), and (f).
9. Approval of One or More Strategic Relationships from the Current Absolute Return Fund of Hedge Fund Investment Managers for the Permanent School Fund
This item provides the opportunity for the committee and board to approve one or more strategic relationships from the current absolute return fund of hedge fund investment managers for the Permanent School Fund. 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. Action on Authorized Generation 16 Charter – The Pro-Vision Academy
This item allows the State Board of Education (SBOE) to rescind its authorization of a charter school to be called The Pro-Vision Academy. The SBOE authorized this charter with the condition that the sponsoring entity Pro Vision Educational Services, Inc. provides evidence of undisrupted nonprofit status from the IRS. The item was brought forward at the January 27, 2012 meeting, and the board allowed Pro Vision Educational Services, Inc. until March 16, 2012 to provide Texas Education Agency (TEA) staff with IRS documentation. The documentation was not provided. Statutory authority for this action is the 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 – Mr. Clayton
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.
Information Materials
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, 2011 and February 29, 2012.
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. 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 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 to Module 4 - Auditing as a result of recent legislative and authoritative accounting changes and to remove confusing references. The effective date of the proposed amendment will be 20 days after filing as adopted with the Texas Register. Statutory authority for this action is the Texas Education Code (TEC), §§7.055, 7.102(c)(32), 44.001, 44.007, and 44.008.