OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
January 15, 2010
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, November 20, 2009
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=3958.
1. Resolutions and Presentations
Teacher of the Year Resolution
(No Exhibit)
Presidential Awards for Excellence in Mathematics and Science Teaching
(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. Proposed Amendment to 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, §33.5, Code of Ethics
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, §33.5, Code of Ethics. The proposed amendment would clarify and update the code of ethics policy. Statutory authority for this action is Texas Education Code (TEC), §43.0031, and the Texas Constitution, Article VII, §5(f).
4. Proposed New 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, §33.2, Distributions to the Available School Fund
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed new 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, §33.2, Distributions to the Available School Fund. The proposed new rule would implement Texas Attorney General Opinion No. GA-0707 regarding transfers from the Permanent School Fund to the Available School Fund. Statutory authority for this action is Texas Education Code (TEC), §7.102(c)(31) and (33), and the Texas Constitution, Article VII, §5(a)(2) and (f).
5. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005, and Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005, and Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008. The proposed amendments would add additional courses for a fourth mathematics and science credit and amend requirements for the minimum and advanced high school programs to align with the Recommended High School Program, including adjustments to requirements for physical education credit and substitutions, health, and technology applications. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
6. 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 amendments to 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials. Recent legislative changes to the instructional materials review and adoption process require changes in 19 TAC Chapter 66, Subchapter A, General Provisions; Subchapter B, State Adoption of Instructional Materials; Subchapter C, Local Operations; and Subchapter D, Special Instructional Materials. The proposed revisions would implement changes to the instructional materials review and adoption process resulting from the 81st Texas Legislature, 2009. No additional changes are recommended since approved for first reading. Statutory authority for this action is Texas Education Code (TEC), §7.102(c)(23) and §31.003.
7. Proposed Revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School. The proposed revisions recommend an implementation date of the 2011-2012 school year for the revised English language arts high school electives Texas Essential Knowledge and Skills (TEKS). Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
8. Proposed Revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter C, High School, and 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, Subchapter A, High School
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter C, High School. This item also presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, Subchapter A, High School. The proposed rule actions recommend an implementation date of the 2011-2012 school year for the revised social studies and economics Texas Essential Knowledge and Skills (TEKS). Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, 28.008, and 28.025.
9. Report and Recommendations from the Commissioner of Education Regarding Instructional Materials Offered for Adoption under Midcycle 2010 Proclamation
This item will present the report and recommendations from the commissioner of education that instructional materials offered for adoption be placed on the conforming list, be placed on the nonconforming list, or be rejected. The Midcycle 2010 Proclamation instructional materials will be used by school districts and open-enrollment charter schools beginning with school year 2010-2011. Midcycle 2010 Proclamation programs that were submitted for adoption include Mathematics, Technology Applications, and Languages Other Than English. Recommendations will also be made regarding manufacturing standards and specifications. Statutory authority for this action is Texas Education Code (TEC), §§31.022, 31.0221, 31.023 and 31.024.
10. Midcycle 2011 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials
The Midcycle 2011 Proclamation advertises for bids on instructional materials to be available to school districts and open-enrollment charter schools beginning in school year 2011-2012. The proposed proclamation contains links to the current Texas Essential Knowledge and Skills (TEKS) in each subject for which bids are being invited, an average cost to the state for adopted instructional materials 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 2011 adoption. The subject areas eligible for inclusion in the Midcycle 2011 Proclamation are Career and Technical Education and Health. This item provides an opportunity for the committee to discuss and take action regarding the Midcycle 2011 Proclamation. Statutory authority for this action is Texas Education Code (TEC), §§31.022, 31.0221, 31.023 and 31.024.
COMMITTEE ON INSTRUCTION
Members: Barbara Cargill, Chair; Ken Mercer, Vice Chair; Lawrence A. Allen, Jr.; Terri Leo; and Geraldine Miller.
11. Proposed Repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.1-110.7, Subchapter B, Middle School, §§110.21-110.24, and Subchapter C, High School, §§110.41-110.45, and Proposed Amendments to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, §§110.10, 110.17, and 110.30
(Second Reading and Final Adoption)
This item presents for second reading and final adoption the proposed repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.1-110.7, Subchapter B, Middle School, §§110.21-110.24, and Subchapter C, High School, §§110.41-110.45. The proposed repeals would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for Kindergarten-Grade 8 and English I-IV, and related implementation language, that were superseded by 19 TAC §§110.11-110.20 and §§110.30-110.34 of this chapter beginning with the 2009-2010 school year. This item also presents for second reading and final adoption proposed amendments to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, §§110.10, 110.17, and 110.30, to remove references to rules that would be repealed. No additional changes are recommended since approved for first reading. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
12. Proposed Repeal of 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7, Subchapter B, Middle School, §128.21 and §128.22, and Subchapter C, High School, §§128.41-128.43, and Proposed Amendments to 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, §§128.10, 128.17, and 128.30
(Second Reading and Final Adoption)
This item presents for second reading and final adoption the proposed repeal of 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7, Subchapter B, Middle School, §128.21 and §128.22, and Subchapter C, High School, §§128.41-128.43. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for Kindergarten-Grade 6 and English for Speakers of Other Languages (ESOL) I and II, and related implementation language, that were superseded by 19 TAC §§128.10-128.18 and §§128.30-128.32 of this chapter beginning with the 2009-2010 school year. This item also presents for second reading and final adoption proposed amendments to 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, §§128.10, 128.17, and 128.30, to remove references to rules that would be repealed. No additional changes are recommended since approved for first reading. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
13. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum. The proposed amendments would add a requirement that students in middle school take a fine arts course as required by House Bill (HB) 3, 81st Texas Legislature, 2009. The proposed amendments would also include technical edits to update the rule. Statutory authority for this action is Texas Education Code (TEC), §7.102(c)(4) and §28.002.
14. 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 board to provide guidance regarding the TEKS review process. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
15. Recommendations Regarding Readoption of Instructional Materials
This item recommends readoption of instructional materials with contracts that expire on August 31, 2010. This action is recommended to ensure that these materials remain available for distribution to school districts until new replacements become available. Statutory authority for this action is Texas Education Code (TEC), §31.003.
16. Proposed Amendment to 19 TAC Chapter 101, Assessment, Subchapter E, Local Option, §101.101, Group-Administered Tests
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 101, Assessment, Subchapter E, Local Option, §101.101, Group-Administered Tests. The proposed amendment would implement Senate Bill (SB) 759, 81st Texas Legislature, 2009, which amended the Texas Education Code (TEC), §39.032, Assessment Instrument Standards; Civil Penalty. Statutory authority for this action is TEC, §39.032, as amended by SB 759, 81st Texas Legislature, 2009.
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
Members: David Bradley, Chair; Rick Agosto, Vice Chair; Cynthia Dunbar; Gail Lowe; and Rene Nuñez.
17. 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 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, for second reading and final adoption. The proposed amendment would update the current rule to reflect statutory changes resulting from the 81st Texas Legislature, 2009, and add clarifying language. No additional changes are recommended since approved for first reading. Statutory authority for this action is Texas Education Code (TEC), §25.087 and §42.004.
18. Adoption of Review of 19 TAC Chapter 105, Foundation School Program, Subchapter A, Definitions, and Subchapter B, Use of State Funds
(Adoption of Review)
Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the review of 19 TAC Chapter 105, Foundation School Program, Subchapter A, Definitions, and Subchapter B, Use of State Funds. The rules being reviewed provide for the use of Foundation School Program (FSP) funds. The statutory authority for the rule review is the Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 105, Subchapter A, is the Texas Education Code (TEC), §42.004. The statutory authority for 19 TAC Chapter 105, Subchapter B, §105.11, is the TEC, §§42.151(h), 42.152(c), 42.153(b), 42.154(c), and 42.156(b). The statutory authority for 19 TAC Chapter 105, Subchapter B, §105.12, is the TEC, §42.004.
19. Approval of the Selection of a Firm(s) to Provide Private Equity Discretionary Separate Account Manager for the Permanent School Fund and Authorization to Negotiate Terms and for Contract Execution by the Commissioner of Education
This item provides an opportunity for the committee and board to review and approve the selection of a firm(s) to provide private equity discretionary separate account manager for the Permanent School Fund and authorization to negotiate terms and for contract execution by the commissioner of education. Statutory authority for this action is the Texas Constitution, Article VII, §5(f).
COMMITTEE ON SCHOOL INITIATIVES
Members: Bob Craig, Chair; Mavis B. Knight, Vice Chair; Mary Helen Berlanga; Pat Hardy; and Don McLeroy.
20. Proposed Award of Residential Treatment Facility Charter
This item provides the board an opportunity to approve the operation of a residential treatment facility charter as established by HB 3689 in Texas Human Resources Code. Statutory authority for this action is 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 – Mrs. Cargill
School Finance/Permanent School Fund – Mr. Bradley
School Initiatives – Mr. Craig
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 November 20, 2009
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, 2009 and November 30, 2009.
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. Annual Report of the Division of Financial Audits
This item provides the board with an annual review of the work accomplished by the Division of Financial Audits. The report describes the division's organization, legal responsibilities, deviations from the 2008-2009 audit plan, and the status of audit reports.