THURSDAY
July 16, 2009
1 p.m.
COMMITTEE ON INSTRUCTION - Room 1-104
Members: Barbara Cargill, Chair; Ken Mercer, Vice Chair; Lawrence A. Allen, Jr.; Terri Leo; and Geraldine Miller. 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=3958 or in the information section (yellow pages) of the agenda.
1. Discussion of Annual Audit Reports for Credit by Examination from Texas Tech University and The University of Texas at Austin
This item provides the opportunity for the committee to discuss the annual audit reports submitted by Texas Tech University and The University of Texas at Austin regarding examinations used for credit by examination.
COMMITTEE - DISCUSSION
SBOE - NO ACTION
2. Consideration of Petition for Adoption of Rule Change Concerning 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination
A petition to amend 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, has been received from Mr. Darren Nelson. The petition requests that the requirement that a student score 90% on a criterion-referenced test be replaced with the requirement that a student score in the 90th percentile or above on a criterion-referenced test in order to be accelerated by examination or earn credit by examination. This item provides the opportunity for the State Board of Education (SBOE) to consider the petition. Statutory authority for this action is Texas Government Code, §2001.021; 19 TAC §30.1; and Texas Education Code (TEC), §28.023.
COMMITTEE - ACTION
SBOE - ACTION
3. Proposed Approval of Updates to the Texas State Plan for the Education of Gifted/Talented Students
This item recommends approval of updated language in the Texas State Plan for the Education of Gifted/Talented Students (State Plan). Updates would ensure that the State Plan continues to be in alignment with the Texas Education Code (TEC). Statutory authority for this action is TEC, §29.123.
COMMITTEE - ACTION
SBOE - ACTION
4. 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 Texas Education Code (TEC), §28.002(f).
COMMITTEE - ACTION
SBOE - ACTION
5. Requests to Approve Substitutions of Instructional Materials
Two publishers have requested approval for substitutions. Davis Publications, Inc. is requesting to substitute a newer version of its currently adopted Art Level 1, High School product entitled The Visual Experience. Pearson Education, Inc., publishing as Scott Foresman with Learning.com, is requesting to substitute a newer version of its currently adopted instructional materials for Technology Applications, Easy Tech, Spanish edition. These requests for substitutions have been reviewed by the appropriate curriculum subject area specialists and the materials have been found to be suitable substitutions for use in the same classroom as the currently adopted versions. Statutory authority for this action is Texas Education Code (TEC), §31.022, and 19 Texas Administrative Code (TAC) §66.75.
COMMITTEE - ACTION
SBOE - ACTION
6. Recommended Penalties for Failure to Correct Factual Errors in Adopted Instructional Materials
This item recommends penalties for failure to correct factual errors in instructional materials adopted under Proclamation 2005 in November 2007, Proclamation 2004 in November 2006, Proclamation 2001 in November 2003, and Proclamation 2000 in November 2002. Texas Education Code (TEC), Section 31.151, establishes the duties of publishers, including the requirement that publishers submit an affidavit certifying that instructional materials offered in this state are free of factual errors. The State Board of Education (SBOE) is authorized to impose a reasonable administrative penalty against a publisher or manufacturer found to be in violation of a provision of TEC, §31.151. An administrative penalty shall be assessed only after the SBOE has granted the publisher or manufacturer a hearing in accordance with TEC, §31.151, and the Administrative Procedures Act. A penalty collected under this section shall be deposited to the credit of the state textbook fund. Statutory authority for this action is TEC, §31.151.
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.
If, during the course of the State Board of Education (SBOE) meeting or any committee meeting of the SBOE, discussion of any item on the agenda may be held in a closed meeting, the SBOE or committee of the SBOE may conduct a closed meeting in accordance with Texas Open Meetings Act, Chapter 551, Subchapters D and E. Before any closed meeting is convened, the presiding officer will publicly identify the section or sections of the Act authorizing the closed meeting. All final votes, actions, or decisions will be taken in open meeting.