OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
November 16, 2012
9:30 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, July 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. 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
2. Legislative Recommendations for the 83rd Texas Legislature
This item provides the committee and the State Board of Education (SBOE) an opportunity to make decisions on legislative recommendations to the 83rd Texas Legislature. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(1).
3. Decision on the Percentage Distribution of the Permanent School Fund
This item provides the opportunity for the committee and board to evaluate and determine the percentage distribution of the Permanent School Fund for fiscal years 2014-2015. 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.
4. Proposed Revisions to 19 TAC Chapter 101, Assessment
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, Subchapter B, Development and Administration of Tests, Subchapter C, Security and Confidentiality, Subchapter D, Scoring and Reporting, and Subchapter E, Local Option. The proposed revisions would reflect changes in statute granting rulemaking authority to the commissioner of education by the Texas Legislature as necessary to implement the Texas Education Code (TEC), §§28.0211, 39.023, and 39.025. Statutory authority for this action is the TEC, §§7.021, 28.0211, 39.023, 39.0231, 39.025, 39.027, 39.028, 39.030, 39.0301, 39.0302, 39.0304, 39.032; Senate Bill (SB) 103, Section 9, 76th Texas Legislature, 1999; and Office of Attorney General (OAG) Opinion No: JC-0478.
5. Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education. The proposed revisions would update the rules to reflect statutory changes that provide for competitive procurement of service providers under the Adult Education and Family Literacy Act (AEFLA) program required by the Texas Education Code (TEC), §29.2535, as added by Senate Bill 1, 82nd Texas Legislature, 2011. Statutory authority for this action is the TEC, §7.102(c)(16), 29.253, and 29.2535.
6. 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 the Texas Education Code (TEC), §28.0021.
7. Resolutions and Presentations
Student Performance
Heroes for Children, State Board of Education Districts 1-15
(No Exhibit)
Resolution honoring departing State Board of Education members
(No Exhibit)
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
Members: Pat Hardy, Chair; Lawrence A. Allen, Jr.; David Bradley; Bob Craig; and Thomas Ratliff.
8. 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 board set the rate at $373.878 at its July 2012 meeting. Since that meeting, there has been a significant increase in the amount estimated as available for expenditures from the Available School Fund, allowing for a corresponding increase in the per capita rate. A revised rate of $390.743 for the 2012-2013 school year is recommended. Statutory authority for this action is the Texas Education Code, (TEC) §42.004 and §43.001(b).
9. Decision on Absolute Return Investments
This item provides an opportunity for the committee and board to review the current allocations within the absolute return asset class and consider rebalancing of assets. The board will consider termination of absolute return fund of fund managers, contract extensions and ratification of fees, terms and responsibilities where appropriate. 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. Proposed Amendments to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools
(Second Reading and Final Adoption)
This item presents for second reading and final adoption 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 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. No additional changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(9), 12.101, 12.110, 12.119, 12.152, and 12.154.
11. Proposed Selection of Open-Enrollment Charter Schools
This item provides the board an opportunity to approve the operation of additional open-enrollment charter schools for opening in school year 2013-2014. Statutory authority for this action is the Texas Education Code (TEC), §12.101.
12. Proposed Guidelines and Application for Open-Enrollment Charters
This item provides the State Board of Education (SBOE) an opportunity to adopt the request for application and timeline for the eighteenth generation of open-enrollment charter schools. Statutory authority for this action is the Texas Education Code (TEC), §12.101 and §12.110.
13. Proposed Guidelines and Application for Public College or University Charters or Public Junior College Charters
This item provides the State Board of Education (SBOE) an opportunity to adopt the request for application form for public college or university open-enrollment charters or public junior college charters. Statutory authority for this action is the Texas Education Code (TEC), §12.152 and §12.154.
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 and Renewals of Open-Enrollment Charters
This item lists charter school amendments and renewals that were acted upon by the commissioner of education between June 1, 2012 and September 30, 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 an ongoing four-year rule review of existing state agency rules, including SBOE rules. The rule review requirement is designed to ensure that the reason for initially adopting or readopting a rule continues to exist.