September 11, 2020 SBOE General Meeting

OFFICIAL AGENDA

STATE BOARD OF EDUCATION
AUSTIN, TEXAS

September 11, 2020

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, July 2, 2020

1.    Resolutions 

Resolution honoring a Student Journalist of the Year

Resolution honoring the 2020 Student Heroes Award recipients

Resolution honoring the 2020 Heroes for Children Award recipients

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 online.

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 New 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §§112.41-112.45
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed new 19 Texas Administrative Code (TAC) Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §§112.41, Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2020; 112.42, Biology (One Credit), Adopted 2020; 112.43, Chemistry (One Credit), Adopted 2020; 112.44, Integrated Physics and Chemistry (One Credit), Adopted 2020; and 112.45, Physics (One Credit), Adopted 2020. The proposed new sections would provide updated standards to ensure they remain current. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a), (c), (j), and (n), and 28.025(a).

4. Proposed New 19 TAC Chapter 116, Texas Essential Knowledge and Skills for Physical Education, Subchapter A, Elementary, §§116.11-116.17, Subchapter B, Middle School, §§116.25-116.28, and Subchapter C, High School, §§116.61-116.64
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed revisions to 19 Texas Administrative Code (TAC) Chapter 116, Texas Essential Knowledge and Skills for Physical Education, Subchapter A, Elementary, §§116.11-116.17, Subchapter B, Middle School, §§116.25-116.28, and Subchapter C, High School, §§116.61-116.64. The proposed new sections would update the standards to reflect current physical education research and best practices and align with changes to requirements in state statute. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a), (c), and (d), and 28.025(a).

5. Proposed New 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.11-115.17, Subchapter B, Middle School, §§115.25-115.28, and Subchapter C, High School, §§115.37-115.39
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed new 19 Texas Administrative Code (TAC) Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.11-115.17, Subchapter B, Middle School, §§115.25-115.28, and Subchapter C, High School, §§115.37-115.39. The proposed new sections would update the standards to reflect current health education research and best practices and align with changes to requirements in statute. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a), (c), (r), and (s), and 28.025(a).

COMMITTEE ON SCHOOL INITIATIVES 

6. Review of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs

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 Texas Administrative Code (TAC) Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed amendments would update the subject-matter-only assessments to be used for the Pre-Admission Content Test (PACT). At adoption, the SBEC made a change to the proposed figure to provide a technical change. The statutory authority for 19 TAC Chapter 227, Subchapter A, is the Texas Education Code (TEC), §§21.031; 21.041(b)(1), (4), and (6); 21.044(a), (g)(2), and (g)(3); 21.0441; 21.0489(c), as added by Senate Bill (SB) 1839 and House Bill (HB) 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.050(a); 22.083; and 22.0835; and Texas Occupations Code (TOC), §§53.151–53.153, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017.

7. Review of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs

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 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments would implement the statutory requirements of House Bill (HB) 18, 86th Texas Legislature, 2019; would provide specification for approval of teaching sites that are not Texas Education Agency (TEA)-accredited public schools; would provide guidance related to admitting and recommending candidates to programs that are closing or consolidating; would provide guidance for internships and clinical teaching in the summer; would add language for a dismissal policy for candidates; would simplify language relating to the reasons an educator preparation program (EPP) can stop supporting a candidate in an internship and the corresponding actions that must take place when a candidate leaves an internship; would provide clarification for the number of observations for practicums; and would provide clarification of and reorder provisions for technical formatting purposes throughout the rules. The statutory authority for 19 TAC Chapter 228 is the Texas Education Code (TEC), §§21.031; 21.041(b)(1) and (2); 21.044, as amended by Senate Bills (SBs) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, and HB 18, 86th Texas Legislature, 2019; 21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.0443; 21.045(a); 21.0453; 21.0454; 21.0455; 21.046(b); 21.048(a); 21.0485; 21.0487(c); 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.050(a)–(c); and 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; and the Texas Occupations Code (TOC), §55.007.

8. Review of Proposed Amendment to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.1, General Provisions

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 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs, §228.1, General Provisions. The proposed amendment would provide additional flexibility for educator preparation programs (EPPs) and candidates to fulfill educator preparation requirements related to clinical teaching, internships, and practicums when those assignments occur at least partially in virtual settings due to campus and district modifications in response to COVID-19 during the 2020–2021 academic year. At adoption, the SBEC made changes to the proposed text to provide additional flexibility in response to public comments and ongoing developments with the public health crisis. The statutory authority for 19 TAC §228.1 is the Texas Education Code (TEC), §§21.031; 21.041(b)(1); 21.044, as amended by Senate Bills (SBs) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, and House Bill (HB) 18, 86th Texas Legislature, 2019; 21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.0443; 21.0453; 21.0454; 21.0455; 21.046(b); 21.0485; 21.0487(c); 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.050(b) and (c); and 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; and the Texas Occupations Code (TOC), §55.007.

9. Review of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment

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 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment. The proposed amendment would implement the statutory requirements in House Bill (HB) 3, 86th Texas Legislature, 2019, that require that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading on a certification examination beginning January 1, 2021. The proposed amendment would update the examination figure in 19 TAC §230.21(e) to specify the required examination(s) for issuance of the replacement certificates that reflect the science of teaching reading requirement. The proposed amendment would also provide clarification on relevant implementation dates for specific certification examinations. The statutory authority for 19 TAC §230.21 is the Texas Education Code (TEC), §§21.041(b)(1), (2), and (4); 21.044(a), as amended by Senate Bills (SBs) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017; 21.048, as amended by HB 3, 86th Texas Legislature, 2019; 21.050, as amended by HB 3217, 86th Texas Legislature, 2019; 22.082; and Texas Occupations Code (TOC), §54.003.

10. Review of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

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 Texas Administrative Code (TAC) Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would implement the statutory requirements in House Bill (HB) 3, 86th Texas Legislature, 2019, that requires that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading on a certification examination beginning January 1, 2021. The proposed amendments would create four replacement certificates with corresponding requirements and deadlines for issuance: Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6; Core Subjects with Science of Teaching Reading: Grades 4–8; English Language Arts and Reading with Science of Teaching Reading: Grades 4–8; and English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4–8. Technical changes would also provide clarification and consistent information related to the classroom teacher certificates issued by the SBEC. The statutory authority for 19 TAC Chapter 233 is the Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1)–(4) and (6); 21.044(e) and (f); 21.048(a); 21.0442 and 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.048(a-2), as amended by HB 3, 86th Texas Legislature, 2019; 21.0489, as added by Senate Bill (SB) 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; and 22.0831(f).

11. Review of Proposed Revisions to 19 TAC Chapter 235, Classroom Teacher Certification Standards

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 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards. The proposed revisions would specify the new standards for the specialized Special Education and Bilingual Spanish certifications, as well as the DeafBlind supplemental certification. Additional changes would also implement the statutory requirements of House Bill (HB) 3, 86th Texas Legislature, 2019, regarding the science of teaching reading standards applying to classroom teachers who teach through grade six; would provide implementation updates; and would reorganize current provisions to improve readability. The statutory authority for the classroom teacher class certificate structure is Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1), (2), and (4); and 21.048(a-2), as amended by HB 3, 86th Texas Legislature, 2019.

COMMITTEE OF THE FULL BOARD

12. Consideration of the Commissioner of Education’s Generation 25 Open-Enrollment Charter School Proposals

This item provides the board an opportunity to consider the commissioner’s list of proposed Generation 25, Subchapter D, Open-Enrollment Charter Schools scheduled to open in school year 2021-2022. If awarded, the charters will have an initial five-year term with a July 31, 2026 contract end date. Statutory authority for this action is the Texas Education Code (TEC), §12.101.

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, September 13, 2019

2. Current Status of the Permanent School Fund

3. 2017-2021 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 2017 through August 2021. 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.

4. State Board of Education Meeting Schedule for 2021

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 2021.