February 2, 2024 SBOE General Meeting
OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
February 2, 2024
9:00 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 17, 2023 & December 13, 2023
1. Resolutions
Resolution honoring outgoing State Board of Education chair (was not taken by the board)
Resolution regarding Career and Technical Education Month
Resolution honoring the 2023 winners of the MATHCOUNTS National Competition
Resolution honoring recipient of the 2023 Employer for Education Excellence Award
Resolution honoring the 2023 National Blue Ribbon Schools
Public testimony – The procedures for public testimony at State Board of Education committee meetings and general board meetings are provided in SBOE Operating Rules.
Any agenda item may be placed on the Consent Agenda by any State Board of Education committee.
COMMITTEE OF THE FULL BOARD
This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.21, Proclamations, Public Notice, and Requests for Instructional Materials for Review; §67.23, Requirements for Publisher Participation in Instructional Materials Review and Approval (IMRA); and §67.25, Consideration and Approval of Instructional Materials by the State Board of Education, and Subchapter D, Duties of Publishers and Manufacturers, §67.81, Instructional Materials Contracts, and §67.83, Publisher Parent Portal. The proposed new rules would implement House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023, by defining the criteria to be used in the review and approval of instructional materials by the State Board of Education (SBOE) and the Texas Education Agency (TEA); defining requirements for publisher participation in the instructional materials review and approval (IMRA) process; and establishing rules for the annual request for instructional materials for review and future proclamations, contracts for instructional materials, and criteria for publishers required to host parent portals. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §§26.006, 31.003(a), 31.022, 31.023, and 31.151, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, and 31.154, as added by HB 1605, 88th Texas Legislature, Regular Session, 2023.
4. Consideration for Approval of Instructional Materials Review Quality Rubrics
This item provides an opportunity for the State Board of Education (SBOE) to consider for approval the initial set of quality rubrics for the Instructional Materials Review and Approval (IMRA) process. Statutory authority is the Texas Education Code (TEC), §§31.003(a), 31.022, and 31.023 as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023.
5. Consideration for Approval of Instructional Materials Review and Approval Process
This item provides an opportunity for the State Board of Education (SBOE) to consider for approval the new Instructional Materials Review and Approval (IMRA) process and procedures. Texas Education Code (TEC), §31.003(a) and §31.023, as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023.
6. Implementation of Instructional Materials Review Suitability Rubric
This item provides an opportunity for the State Board of Education (SBOE) to consider the implementation and application of the suitability criteria and rubric as part of the Instructional Materials Review and Approval (IMRA) process. The rubric defines the criteria to be used in the instructional materials review and approval process to determine suitability and appropriateness of instructional materials for the subject and grade level for which the materials are designed, as required by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023. Statutory authority is the Texas Education Code (TEC), §31.003 and §31.022, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023.
7. Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter C, Agriculture, Food, and Natural Resources, §§127.30, 127.45-127.58, 127.86, and 127.87; Subchapter O, Science, Technology, Engineering, and Mathematics, §127.795 and §127.796; and Subchapter P, Transportation, Distribution, and Logistics, §§127.887-127.890 and 127.920
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed new 19 Texas Administrative Code (TAC) Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter C, Agriculture, Food, and Natural Resources, §§127.30, 127.45-127.58, 127.86, and 127.87; Subchapter O, Science, Technology, Engineering, and Mathematics, §127.795 and §127.796; and Subchapter P, Transportation, Distribution, and Logistics, §§127.887-127.890 and 127.920. The proposal would update and add new Texas Essential Knowledge and Skills (TEKS) for courses in the agribusiness, animal science, plant science, and aviation maintenance programs of study as well as update TEKS for two science, technology, engineering, and mathematics (STEM) courses that may satisfy science graduation requirements to ensure the content of the courses remains current and supports relevant and meaningful programs of study. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), and (j); and 28.025(a) and (b-2)(2).
8. Update on Texas Essential Knowledge and Skills (TEKS) Review
This item provides the opportunity for staff to present an update on the review and revision of the Texas Essential Knowledge and Skills (TEKS) and the English Language Proficiency Standards (ELPS) and for the board to provide additional guidance to TEKS review and ELPS work groups. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), 28.025(a), and 29.051.
COMMITTEE ON INSTRUCTION
9. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders. The proposed amendment would update the rule to align with House Bill (HB) 3928,88th Texas Legislature, Regular Session, 2023; clarify terminology used in the Texas Education Code; and update the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders (Dyslexia Handbook) adopted as Figure: 19 TAC §74.28(c) to clarify requirements related to dyslexia evaluation, identification, and instruction. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(28), 29.0031, and 29.0032, as amended by HB 3928, 88th Texas Legislature, Regular Session, 2023; and §38.003(a) and (c).
COMMITTEE ON SCHOOL INITIATIVES
10. Proposed Amendment to 19 TAC Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners. The proposed amendment would reduce the length of time an attorney must be licensed and engaged in full-time practice to be eligible to serve as an independent hearing examiner and expand the experience requirements to include family law, criminal law, and personal injury law. Statutory authority is the Texas Education Code (TEC), §21.252(a).
11. Review of Proposed Amendments to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would propose amendments to 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.7, Requirements for Certificate Renewal, and §232.11, Number and Content of Required Continuing Professional Education Hours. The proposed amendments would provide minor technical edits to clarify the existing hardship exemption processes established in rule, would implement the statutory requirements of House Bill (HB) 2929, 88th Texas Legislature, Regular Session, 2023, and would update the continuing professional education (CPE) training requirements to remove the limit on certain professional development hours that can be completed by classroom teachers and school counselors every five years for the purposes of standard certificate renewal. The statutory authority for 19 TAC Chapter 232, Subchapter A, §232.7 is the Texas Education Code (TEC), §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1)–(4) and (7)–(9); 21.054; 21.0541; and 21.0543; and Texas Occupations Code (TOC), §55.002 and §55.003. The statutory authority for 19 TAC Chapter 232, Subchapter A, §232.11, is the TEC, §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1)–(4) and (7)–(9); 21.054; 21.054(d), as amended by HB 2929, 88th Texas Legislature, Regular Session, 2023; 21.054(d-2), as amended by HB 2929, 88th Texas Legislature, Regular Session, 2023; 21.054(f), as amended by HB 2929, 88th Texas Legislature, Regular Session; 2023; 21.0541; 21.0543; and 22.0831(f); and TOC, §55.002 and §55.003.
12. Review of Proposed Revisions to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would propose amendments to 19 Texas Administrative Code (TAC) Chapter 234, Military Service Members, Military Spouses, and Military Veterans. The proposed revisions would implement Senate Bills (SBs) 422 and 544 and House Bill (HB) 621, 88th Texas Legislature, Regular Session, 2023. The proposed revisions would add military service members as being eligible to receive several of the provisions in place for military spouses; would add provisions to issue a three-year temporary certificate to eligible military veterans, peace officers, fire protection personnel, and emergency medical services personnel; and would also add provisions for the issuance of a one-year temporary certificate to certain instructors for the Community College of the Air Force. The statutory authority for 19 TAC Chapter 234 is the Texas Education Code (TEC), §§21.041(b)(2) and (4); 21.044(a); 21.0444, as added by HB 621, 88th Texas Legislature, Regular Session, 2023; 21.052(b-1), (c), (d-1), (f), and (i); 21.0525, as added by SB 544, 88th Texas Legislature, Regular Session, 2023; 21.054; and 21.458(a-2), as added by HB 621, 88th Texas Legislature, Regular Session, 2023; and Texas Occupations Code (TOC), §§55.001; 55.002; 55.003; 55.004(a)-(c); 55.004(d), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.0041, as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.005(a), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.005(b); 55.006; 55.007; 55.008; 55.009; and 55.010.
REPORTS OF COMMITTEES REGARDING AGENDA ITEMS POSTED FOR DISCUSSION ON COMMITTEE AGENDAS
Committee chairs may provide an update about discussion items considered during the current meeting by any standing committee or ad hoc committee.
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 February 2, 2023)
2. 2021-2025 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 2021 through August 2025. Texas Government Code (TGC), §2001.039, requires an ongoing four-year rule review of existing state agency rules, including SBOE rules. The rule review requirement in TGC, §2001.039, is designed to ensure that the reason for initially adopting or readopting a rule continues to exist.
3. 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 2022-2023 audit plan, and the status of reports on the division's reviews.