09 September 18 General Meeting

Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes
State Board of Education, July 17, 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 or in the information section (yellow pages) of the agenda.

1. Resolutions and Presentations

Heroes for Children, State Board of Education Districts 1-15
(No Exhibit)

2. Approval of Consent Agenda

Any agenda item may be placed on the Consent Agenda by any State Board of Education committee.

3. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.3, Description of a Required Secondary Curriculum (First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.3, Description of a Required Secondary Curriculum. The proposed amendment would make the rule related to graduation requirements consistent with recent legislation passed by the 81st Texas Legislature. Statutory authority for this action is Texas Education Code (TEC), §§7.102 (c)(4), 28.002, and 28.025.

4. Proposed Revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions (First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions. The proposed revisions would amend an existing rule related to health education and add a new rule related to physical education consistent with recent legislation passed by the 81st Texas Legislature. Statutory authority for this action is Texas Education Code (TEC), §§7.102 (c)(4), 28.002(d), (p), (p-2), (p-3), (p-4), and (r).

5. Update on Social Studies Texas Essential Knowledge and Skills (TEKS) Review

This item provides the opportunity for staff to present an update on the review of the social studies Texas Essential Knowledge and Skills (TEKS), for the board to hear invited testimony from appointed expert reviewers and representatives from TEKS review committees, and for the board to provide guidance regarding next steps in the social studies TEKS review process. Statutory authority for this action is Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

6. 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.

7. Proposed Amendment to Proclamation 2010

Proclamation 2010 was issued by the State Board of Education (SBOE) in November 2007 and amended in May 2008 to add the Texas Essential Knowledge and Skills (TEKS) for English Language Arts and Reading. In September 2008 the board amended Proclamation 2010 to add the TEKS for Spanish Language Arts and Reading, Grades K-1; Spanish Reading, Grades 2-5; Spanish Literature, Grade 6; English for Speakers of Other Languages I and II; and to include college readiness standards. In July 2009, the board amended Proclamation 2010 to adjust total cost. The board also asked publishers to adjust their bid prices. Instructional materials submitted for adoption under Proclamation 2010 are scheduled for adoption in November 2009. The proposed amendment to Proclamation 2010 is to adjust total costs as necessary in response to changes in publishers’ bid prices. Statutory authority for this action is Texas Education Code (TEC), §31.022.

8. Proposed Amendment to Proclamation 2011

Proclamation 2011 was issued by the State Board of Education (SBOE) in May 2008 and was amended in November 2008 to include changes to the Prekindergarten Guidelines and to include a letter of intent from the commissioner. In July 2009, the board postponed further amendments to Proclamation 2011 until the September 2009 meeting. The board also scheduled an August 2009 work session to explore options for moving forward with Proclamations 2010, 2011, and 2012. Instructional materials submitted for adoption under Proclamation 2011 are scheduled for adoption in November 2010. The proposed amendment to Proclamation 2011 is to adjust the total cost of the proclamation to no more than 85 percent of the amount derived by the maximum cost methodology as originally adopted due to legislative mandates. Statutory authority for this action is Texas Education Code (TEC), §31.022.

9. Proclamation 2012 of the State Board of Education Advertising for Bids on Instructional Materials

Proclamation 2012 advertises for bids on new instructional materials to be used by school districts and open-enrollment charter schools beginning in school year 2012-2013. The proposed proclamation contains 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, an estimated number of units to be purchased during the first contract year for each subject in the proclamation, specifications for providing computerized files to produce Braille versions of adopted instructional materials, and a schedule for the adoption by the State Board of Education (SBOE) in November 2011. Subjects and grade levels proposed for Proclamation 2012 include Science, Grades K-12; Spanish Science, Grades K-6; and Engineering. In July 2009, the board postponed action on Proclamation 2012 until the September 2009 meeting. The proclamation is presented for approval in accordance with Texas Education Code (TEC), §31.022.

COMMITTEE ON INSTRUCTION
Members: Barbara Cargill, Chair; Ken Mercer, Vice Chair; Lawrence A. Allen, Jr.; Terri Leo; and Geraldine Miller.

10. 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. Statutory authority for this action is Texas Education Code (TEC), §29.123.

11. 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 and Proclamation 2004 in November 2006. Texas Education Code (TEC), §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 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.

12. Proposed Revisions to 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, and Subchapter B, Development and Administration of Tests (First Reading and Filing Authorization)

This item presents proposed revisions to 19 TAC Chapter 101, Assessment, Subchapter A, General Provisions, and Subchapter B, Development and Administration of Tests for first reading and filing authorization. The proposed revisions would implement House Bill 3, 81st Texas Legislature, 2009, which requires conforming changes to State Board of Education (SBOE) assessment rules related to requirements for student testing, graduation, grade advancement, remediation, release of tests, performance standards, and private school administration of state tests. Statutory authority is Texas Education Code (TEC) §§28.0211, 39.023, 39.0241, 39.027, and 39.033, as amended by HB 3, 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.

13. Proposed Amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter B, Use of State Funds, §105.11, Maximum Allowable Indirect Cost (First Reading and Filing Authorization)

This item presents proposed amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter B, Use of State Funds, §105.11, Maximum Allowable Indirect Cost, for first reading and filing authorization. The proposed amendment would update the rule to reflect a change to the use of special program allotments for indirect or administrative expenses, in accordance with House Bill (HB) 3646, 81st Texas Legislature, 2009. Statutory authority for this action is Texas Education Code (TEC), §§42.151(h), 42.152(c), 42.153(b), 42.154(c), 42.156(b), and 42.1541.

14. Per Capita Apportionment Rate for 2009-2010 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 recommended rate for the 2009-2010 school year is $262. Statutory authority for this action is Texas Education Code (TEC), §42.004 and §43.001(b)

COMMITTEE ON SCHOOL INITIATIVES
Members: Bob Craig, Chair; Mavis B. Knight, Vice Chair; Mary Helen Berlanga; Pat Hardy; and Don McLeroy.

15. Review of Proposed Amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Types and Classes of Certificates Issued, §232.4, Probationary Certificates

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action that would amend 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Types and Classes of Certificates Issued, §232.4, Probationary Certificates. The proposed amendment would remove language that allows the SBEC to grant a waiver of the baccalaureate degree requirement for a probationary certificate that requires such a degree. The proposed amendment would also grant an additional year's extension of a probationary certificate to an educator whose contract is terminated, or who resigns in lieu of termination, before the end of a school year due to a reduction in force by a school district. The statutory authority for the proposed amendment to 19 TAC §232.4 is the Texas Education Code (TEC), §21.041.

16. Review of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.1, General Authority, and §233.15, Languages Other Than English

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.1, General Authority, and §233.15, Languages Other Than English. The proposed amendments would require an oral proficiency examination for Languages Other Than English (LOTE) certificates. The proposed amendments would also expand the certificates issued for LOTE by adding four new certificates for French, German, and Spanish to be issued no earlier than November 1, 2009, and for Latin to be issued no earlier than January 1, 2010. The statutory authority for the proposed amendments to 19 TAC §233.1 and §233.15 is the Texas Education Code (TEC), §§21.003(a), 21.031(a), and 21.041(b)(1) and (4).

17. Review of Proposed Revisions to 19 TAC Chapter 241, Principal Certificate

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 241, Principal Certificate. The proposed revisions would update the rules to reflect current law and add specificity to educator preparation and certification requirements relating to the principal certificate. The statutory authority for the proposed revisions to 19 TAC Chapter 241 is the Texas Education Code (TEC), §§21.003(a), 21.040(4), 21.041(b)(2)-(4), 21.046 (b)-(d), and 21.054.

18. Review of Proposed Revisions to 19 TAC Chapter 242, Superintendent Certificate

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 242, Superintendent Certificate. The proposed revisions would update the rules to reflect current law and add specificity to educator preparation and certification requirements relating to the superintendent certificate. The statutory authority for the proposed revisions to 19 TAC Chapter 242 is the Texas Education Code (TEC), §§21.003(a), 21.040(4), 21.041(b)(2)-(4), and 21.046(a).

19. Review of Proposed Amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition

This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action that would amend 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition. The proposed amendment would modify the description of circumstances requiring a superintendent to report alleged misconduct of an educator who resigns from a school district, the minimum requirements of a superintendent's report, and the requirements for a school district to request that the Texas Education Agency (TEA) pursue sanctions against an educator who has abandoned his or her contract in violation of the Texas Education Code (TEC), §§21.105(c)(2), 21.160(c)(2), or 21.210(c)(2). The statutory authority for the proposed amendment to 19 TAC §249.14 is the TEC, §§21.006, 21.041, 21.105(c), 21.160(c), and 21.210(c).

20. Proposed Amendments to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.105, Application to Public Senior College or University Charters (First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.105, Application to Public Senior College or University Charters. The proposed amendments would include public junior colleges as potential charter holders, granted under Texas Education Code (TEC), Chapter 12, Subchapter E as amended by House Bill (HB) 1423, 81st Texas Legislature, 2009. Statutory authority for this action is Texas Education Code (TEC) §§12.152 and 12.154.

21. Proposed Guidelines and Application for the Residential Treatment Facility Charter Established in Human Resources Code by HB 3689

This item provides the State Board of Education an opportunity to adopt the application for the residential treatment facility charter school established in the Human Resources Code by HB 3689.

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 January 21, 2009
Public testimony information begins on page V-6.

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 Open-Enrollment Charters

This item lists charter school amendments that were acted upon by the commissioner of education between June 1, 2009 and July 31, 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. State Board of Education Meeting Schedule for 2010

According to the Texas Education Code, §7.106, the State Board of Education (SBOE) is to hold four meetings a year in Austin, Texas on dates determined by the chair. The SBOE may also hold other meetings as may be called by the chair. The purpose of this item is to announce SBOE meeting dates in 2010.