STATE BOARD OF EDUCATION
AUSTIN, TEXAS
July 20, 2012
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, April 20, 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 honoring winner of the National Geographic Bee
(No Exhibit)
Resolution honoring Commissioner of Education Robert Scott
(No Exhibit)
2. Approval of Consent Agenda
Any agenda item may be placed on the Consent Agenda by any State Board of Education committee.
3. 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).
4. 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 fiscal years 2013 and 2014. Statutory authority for this action is the Texas Constitution, Article 7, Section 5.
5. Proposed Revisions to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter B, State Adoption 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 B, State Adoption 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, and public comments presented at the April 2012 State Board of Education (SBOE) meeting. No additional changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(23) and §31.003.
6. Approval of Question and Answer Document for Proclamation 2014
Proclamation 2014 was issued by the State Board of Education (SBOE) in April 2012. The subjects and grade levels proposed for Proclamation 2014 include science, grades K-12; mathematics, grades K-8; and Technology Applications, grades K-12. Publishers were given an opportunity to ask questions at an orientation meeting held in February 2012. Publishers and other stakeholders were encouraged to submit questions regarding the TEKS, the proclamation, and the review and adoption process. The resulting question and answer document for Proclamation 2014 is presented for board approval. Statutory authority for this action is the Texas Education Code (TEC), §28.002 and §31.022.
7. 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 committee to provide guidance regarding the TEKS review process. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
7a. Decision Regarding the Proposed Settlement in CompSource Oklahoma v. BNY Mellon N.A.
This item provides an opportunity for the committee and board to consider and give direction as needed regarding the proposed settlement in CompSource Oklahoma v. BNY Mellon N.A., 6:08-CV-00469 (E.D. Okla). Statutory authority for this action is the Texas Constitution, Article VII, §5.
COMMITTEE ON INSTRUCTION
Members: George Clayton, Chair; Marsha Farney, Vice Chair; Mary Helen Berlanga; Barbara Cargill; and Terri Leo.
8. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.36, Requirements for Elective Courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and Their Impact on the History and Literature of Western Civilization
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.36 Requirements for Elective Courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and Their Impact on the History and Literature of Western Civilization. The proposed amendment would remove the Texas Essential Knowledge and Skills (TEKS), and related implementation language, in §74.36(d), adopted effective in 2008, that were superseded by the TEKS in 19 TAC §74.36(e) beginning with the 2011-2012 school year. This proposed amendment would also remove references to the superseded TEKS. No additional changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.011.
9. Proposed Repeal of 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter A, Elementary, §§126.1-126.3, Subchapter B, Middle School, §126.11 and §126.12, and Subchapter C, High School, §§126.21-126.29
(Second Reading and Final Adoption)
This item presents for second reading and final adoption the proposed repeal of 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter A, Elementary, §§126.1-126.3, Subchapter B, Middle School, §126.11 and §126.12, and Subchapter C, High School, §§126.21-126.29. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS), adopted effective in 1998, for Kindergarten-Grade 8 and high school technology applications courses, and related implementation language, that will be superseded by 19 TAC §§126.5-126.7, 126.13-126.16, and 126.31-126.50 of this chapter beginning with the 2012-2013 school year. No additional changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
10. Approval of Updates to Academic Achievement Record Forms
This item recommends approval of updated forms for the Academic Achievement Record (AAR). Updates to the Minimum Standards to the AAR have been made to reflect recent changes in legislation, and revisions to the AAR forms will align with updates to the minimum standards. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4) and 28.025(e).
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
Members: Pat Hardy, Chair; Lawrence A. Allen, Jr.; David Bradley; Bob Craig; and Thomas Ratliff.
11. 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
(Second Reading and Final Adoption)
This item presents for second reading and final adoption 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. No additional changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §42.004.
12. Per Capita Apportionment Rate for the 2011-2012 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 board set the rate at $247.475 at its September 2011 meeting. The recommended revised rate for the 2011-2012 school year will be proposed at the July 2012 meeting of the Committee on School Finance/Permanent School Fund. Statutory authority for this action is the Texas Education Code (TEC), §42.004 and §43.001(b).
13. Per Capita Apportionment Rate for the 2012-2013 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 2012-2013 school year is $373.878. Statutory authority for this action is the Texas Education Code, (TEC) §42.004 and §43.001(b).
14. Selection of Respondents to the Request for Proposals (RFP) for Commodities Discretionary Investment Managers for the Permanent School Fund
This item provides an opportunity for the committee and board to review and approve a list of candidates who responded to the request for proposals for commodities discretionary investment managers 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).
15. Decision on Absolute Return Investments
This item provides the opportunity for the committee and board to review the current manager allocations within the absolute return asset class and consider any changes to the managers’ watch list status or rebalancing of assets between new and existing managers. The board will consider termination of absolute return fund of fund managers and contract extensions where appropriate. Statutory authority for this action is the Texas Constitution, Article VII, §5(f).
16. Selection of Qualified Respondents to the 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 may interview candidates as needed and give staff appropriate directions. 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.
17. Review of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.2, Definitions, and §228.35, Preparation Program Coursework and/or Training
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 228, Requirements for Educator Preparation Programs, §228.2, Definitions, and §228.35, Preparation Program Coursework and/or Training. The proposed amendments would be necessary as a result of Senate Bill (SB) 8, 82nd Texas Legislature, First Called Session, 2011, which requires flexible options for any field-based experience or internship required for certification, and SB 866, 82nd Texas Legislature, 2011, which requires dyslexia training in undergraduate university programs. The proposed amendments to 19 TAC §228.2 and §228.35 would also update the rules to comply with new statutory requirements for educator preparation programs to include dyslexia training and to clarify field-based experiences that must be completed prior to becoming a teacher of record under a probationary certificate. The statutory authority for the proposed amendments to 19 TAC §228.2 and §228.35 is the Texas Education Code (TEC), §§21.031; 21.044; 21.045(a); 21.050(a) and (c); and 21.051.
18. Review of Proposed Repeal of and New 19 TAC Chapter 230, Professional Educator Preparation and Certification
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would repeal 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, Definitions; Subchapter B, Assessment of Educators; Subchapter M, Certification of Educators in General; Subchapter N, Certificate Issuance Procedures; Subchapter O, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States; Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs; Subchapter Q, Permits; Subchapter S, Educational Aide Certificate; and Subchapter V, Induction Training for Beginning Teachers; and establish new 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. The proposed rule actions are necessary as a result of the reorganization of the rules codified in 19 TAC Chapter 230. Proposed new 19 TAC Chapter 230, Subchapters A-H, would update statutory and administrative rule references and clarify and streamline the professional educator preparation and certification provisions to make them more accessible and understandable to the public. Proposed new 19 TAC Chapter 230, Subchapter C, would also include new statutory requirements as a result of Senate Bill (SB) 867, 82nd Texas Legislature, 2011. In addition, proposed new 19 TAC Chapter 230, Subchapter G, would include new statutory requirements as a result of SB 54, 82nd Texas Legislature, 2011. The statutory authority for current 19 TAC Chapter 230 is the Texas Education Code (TEC), §§21.031; 21.040(6); 21.041(a), (b)(1)-(5) and (9), and (c); 21.044(a); 21.045; 21.048; 21.050; 21.052; 21.054(a); 22.082; 22.0831(f); and Texas Occupations Code, §53.105. The statutory authority for proposed new 19 TAC Chapter 230 is the TEC, §§21.003(a); 21.031; 21.040(6); 21.041(a), (b)(1)-(5) and (9), and (c); 21.044(a); 21.045; 21.048; 21.0485; 21.050; 21.051; 21.052; 21.054(a); 22.082; 22.0831(c) and (f); and Texas Occupations Code, §53.105 and §54.003.
19. Review of Proposed Repeal of and New 19 TAC Chapter 232, General Certification Provisions
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would repeal 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Types and Classes of Certificates Issued; Subchapter B, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter C, National Criminal History Record Information Review of Active Certificate Holders; and establish new 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter B, National Criminal History Record Information Review of Active Certificate Holders. The proposed rule actions are necessary as a result of the reorganization of the rules codified in 19 TAC Chapter 232. Proposed new 19 TAC Chapter 232, Subchapters A and B, would update statutory and administrative rule references and clarify and streamline the general SBEC certification provisions to make them more accessible and understandable to the public. Proposed new 19 TAC Chapter 232, Subchapter A, would also include new statutory requirements as a result of House Bill (HB) 1334 and Senate Bill (SB) 866, 82nd Texas Legislature, 2011. The statutory authority for current 19 TAC Chapter 232, Subchapter A, is the Texas Education Code (TEC), §§21.003(a), 21.031, 21.041(b)(1)-(5) and (9), and 22.0831(c) and (f). The statutory authority for current 19 TAC Chapter 232, Subchapter B, is the TEC, §§21.003(a), 21.031(a), and 21.041(b)(1)-(3) and (7)-(9). The statutory authority for current 19 TAC Chapter 232, Subchapter C, is the TEC, §21.041(c) and §22.0831(f). The statutory authority for proposed new 19 TAC Chapter 232, Subchapter A, is the TEC, §§21.003(a), 21.0031(f), 21.031(a), 21.041(b)(1)-(3) and (7)-(9), and 21.054. The statutory authority for proposed new 19 TAC Chapter 232, Subchapter B, is the TEC, §21.041(c) and §22.0831(f).
20. Review of Proposed Revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates
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 233, Categories of Classroom Teaching Certificates. The proposed revisions to 19 TAC Chapter 233 would update statutory and administrative rule references, as well as clarify and streamline the certification procedures and standards to make them more accessible and understandable to the public. The statutory authority for the proposed revisions to 19 TAC Chapter 233 is the Texas Education Code (TEC), §§21.003(a), 21.031, 21.041(b)(1)-(4) and (6), 21.048(a), 21.050, and 22.0831(f).
21. Proposed Amendments to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.1, Application and Selection Procedures and Criteria, §100.101, Annual Report on Open-Enrollment Charter Governance, and §100.105, Application to Public Senior College or University Charters and Public Junior College Charters. The proposed amendments would align State Board of Education (SBOE) rules pertaining to the charter application process with proposed commissioner of education rules, clarify the signatories on the original contract for charter, codify practices adopted through the annual governance report pertaining to which family members of board members and school officers must be disclosed, and expand the provisions that would apply to public senior college or university charters and public junior college charters. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(9), 12.101, 12.110, 12.112, 12.119, 12.152, and 12.154.
22. 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 the Texas Education Code (TEC), §12.119.
23. Proposed Amendments to School Board Member Training – Framework for School Board Development
This item presents proposed amendments to School Board Member Training – Framework for School Board Development. The amendments propose revisions to the framework to clarify the role of the local board of trustees and local board members and to enhance communication between local boards of trustees and the Texas Legislature, State Board of Education, and the Texas Education Agency. Statutory authority for this action is the Texas Education Code (TEC), §11.159.
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 March 1, 2012 and May 31, 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. Review of Annual Audit Plan of the Division of Financial Audits for 2012-2013
This item covers the annual audit plan of the Division of Financial Audits for the 2012-2013 school year for field and independent audits as specifically described in 19 TAC Chapter 109, Texas Education Agency Audit Functions, §109.21, Annual Audit Plan.
7. State Board of Education Meeting Schedule for 2013
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 2013.