OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
February 1, 2013
10 a.m.
William B. Travis Building, Room 1-104
1701 N. Congress Avenue
Invocation
Pledge of Allegiance
Roll Call
Greetings from the Governor
Student Performance
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
Presidential Awards for Excellence in Mathematics and Science Teaching
(No Exhibit)
2. Approval of Minutes
State Board of Education, November 16, 2012
3. 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
4. Proposed New 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter D, Elementary, Subchapter E, Middle School, and Subchapter F, High School
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed new 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter D, Elementary, Subchapter E, Middle School, and Subchapter F, High School, with a recommended implementation date of the 2015-2016 school year. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
COMMITTEE ON INSTRUCTION
5. Proposed Revisions to 19 TAC Chapter 101, Assessment
(Second Reading and Final Adoption)
This item presents for second reading and final adoption 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. No additional changes are recommended since approved for first reading. 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.
6. Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education
(Second Reading and Final Adoption)
This item presents for second reading and final adoption 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 (SB) 1, 82nd Texas Legislature, 2011. No additional changes are recommended since approved for first reading. Statutory authority for this action is the TEC, §§7.102(c)(16), 29.253, and 29.2535.
7. Proposed Amendments to 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.2-115.7, and Subchapter B, Middle School, §115.22 and §115.23
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.2-115.7, and Subchapter B, Middle School, §115.22 and §115.23. The proposed amendments would add student expectations for bullying prevention to the Texas Essential Knowledge and Skills (TEKS) for Health Education as required by House Bill (HB) 1942, 82nd Texas Legislature, 2011. Statutory authority for this action is the Texas Education Code (TEC), §7.102(c)(4) and §28.002(s).
8. Proposed Approval of Innovative Courses
This item recommends approval of innovative courses that do not fall within any of the subject areas of the foundation or enrichment curriculum. Statutory authority for this action is the Texas Education Code (TEC), §28.002(f).
9. Consideration of Petition for Adoption of Rule Concerning 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency, §89.43, Eligibility for a Texas Certificate of High School Equivalency
A petition to amend 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency, §89.43, Eligibility for a Texas Certificate of High School Equivalency, has been received from Ms. Bonnie Staples. The petition requests that a rule be changed to extend eligibility for a Texas certificate of high school equivalency to include a 16-year-old student who is pregnant or a parent. This item provides the opportunity for the State Board of Education (SBOE) to consider the petition. Statutory authority for this action is the Texas Government Code, §2001.021; 19 TAC §30.1; and TEC, §7.111.
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
10. 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 and adopted a revised rate of $406.100 at its November 2012 meeting. Since the November 2012 meeting, the School Land Board has transferred an additional $300 million into the Available School Fund, allowing for another increase in the per capita rate. A further revised rate of $471.048 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).
COMMITTEE ON SCHOOL INITIATIVES
No action items
REPORTS OF COMMITTEES REGARDING AGENDA ITEMS ON COMMITTEE AGENDAS
Committee chairs will present information concerning agenda items presented in the committees.
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 October 1, 2012 and December 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 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.
6. Annual Report of the Division of Financial Compliance
This item provides the board with an annual review of the work accomplished by the division responsible for state financial reviews. The report describes the division’s organization and legal responsibilities, deviations from the 2011-2012 audit plan, and the status of audit reports.