April 16, 2021 SBOE General Meeting
OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
April 16, 2021
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, January 26 & 29, 2021
1. Resolutions
Resolution honoring Blue Ribbon Schools
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, §§112.46-112.51
(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, §112.46, Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2021; §112.47, Aquatic Science, Adopted 2021 (One Credit); §112.48, Astronomy, Adopted 2021 (One Credit); §112.49, Earth Science Systems, Adopted 2021 (One Credit); §112.50, Environmental Systems, Adopted 2021 (One Credit); and §112.51, Specialized Topics in Science, Adopted 2021 (One Credit). The proposed new sections would update the standards to ensure they remain current. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), (j), and (n); and 28.025(a).
4. Update on Texas Essential Knowledge and Skills (TEKS) Review
This item provides the opportunity for staff to present an update on the review 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 and ELPS review work groups. The board will also have an opportunity to take action on the schedule for review and revision of the TEKS and the review and adoption cycle for instructional materials aligned to revised TEKS. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.025(a).
5. Texas Certificate of High School Equivalency
This item provides the opportunity for staff to brief committee members on the responses to the Texas Certificate of High School Equivalency Request for Proposals (RFP) that was issued to solicit test providers relating to 19 Texas Administrative Code (TAC) Chapter 89, Texas Certificate of High School Equivalency and for the committee to approve recommended test provider(s). Statutory authority is the Texas Education Code (TEC), §7.111.
COMMITTEE ON INSTRUCTION
6. Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript)
(Second Reading and Final Adoption)
This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript). The proposed amendment would update the rule to require documentation of the new graduation requirement that a student complete and submit a free application for federal student aid (FAFSA) or a Texas application for state financial aid (TASFA). No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(13); 28.025(e); and 28.0256(a), as added by House Bill (HB) 3, 86th Texas Legislature, 2019.
7. Proposed Repeal of 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter D, Other High School Mathematics Courses, §§111.56-111.59
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter D, Other High School Mathematics Courses, §111.56, International Baccalaureate (IB) Mathematical Studies Standard Level (Two Credits); §111.57, International Baccalaureate (IB) Mathematics Standard Level (Two Credits); §111.58, International Baccalaureate (IB) Mathematics Higher Level (Two Credits); and §111.59, International Baccalaureate (IB) Further Mathematics Higher Level (Two Credits). The proposed repeal would eliminate, effective beginning with the 2021-2022 school year, courses that are no longer offered by the International Baccalaureate Organization. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a), and 28.025(a).
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
8. Proposed Amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter C, Adoptions By Reference, §109.41, Financial Accountability System Resource Guide
(Second Reading and Final Adoption)
This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 109, Budgeting, Accounting, and Auditing, Subchapter C, Adoptions By Reference, §109.41, Financial Accountability System Resource Guide. The proposed amendment would adopt by reference the updated Financial Accountability System Resource Guide (FASRG). Statutory authority is the Texas Education Code (TEC), §§7.055(b)(32), 7.102(c)(32), 44.001(a) and (b), 44.007(a)-(d), and 44.008(b).
9. Adoption of Review of 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter A, Budgeting, Accounting, Financial Reporting, and Auditing for School Districts, Subchapter B, Texas Education Agency Audit Functions, Subchapter C, Adoptions by Reference, and Subchapter D, Uniform Bank Bid or Request for Proposal and Depository Contract
(Adoption of Review)
Texas Government Code (TGC), §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 adoption of review of 19 Texas Administrative Code (TAC) Chapter 109, Budgeting, Accounting, and Auditing, Subchapter A, Budgeting, Accounting, Financial Reporting, and Auditing for School Districts, Subchapter B, Texas Education Agency Audit Functions, Subchapter C, Adoptions by Reference, and Subchapter D, Uniform Bank Bid or Request for Proposal and Depository Contract. The rules being reviewed provide requirements for school districts relating to budgeting, accounting, financial reporting, and auditing; Texas Education Agency (TEA) financial review functions; adoption by reference of the Financial Accountability System Resource Guide (FASRG); and the bank bid and proposal forms and the depository contract and surety bond forms. Statutory authority for the rule review is TGC, §2001.039. Statutory authority for 19 TAC Chapter 109 is Texas Education Code (TEC), §§7.102(c)(32), 44.001, 44.002, 44.007, and 44.008, for Subchapter A; TEC, §§7.102(c)(32), 44.001, 44.007, 44.008, 44.010, and 48.104, for Subchapter B; TEC, §§7.055(b)(32), (36), and (37); 7.102(c)(32); 44.001; 44.007(a)-(d); and 44.008(b), for Subchapter C; and TEC, §§7.102(c)(34), 45.206, and 45.208, for Subchapter D.
10. Proposed Repeal of 19 TAC Chapter 105, Foundation School Program, Subchapter A, Definitions, §105.1, Rules for the Definition of Tax Levy and Tax Collection
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 105, Foundation School Program, Subchapter A, Definitions, §105.1, Rules for the Definition of Tax Levy and Tax Collection. The proposed repeal would implement House Bill (HB) 3, 86th Texas Legislature, 2019, which removed the State Board of Education's (SBOE's) rulemaking authority related to the definitions of tax levy and tax collection for the Foundation School Program (FSP). Statutory authority is the Texas Education Code (TEC), §48.004, as transferred, redesignated, and amended by HB 3, 86th Texas Legislature, 2019.
COMMITTEE ON SCHOOL INITIATIVES
11. Proposed New 19 TAC Chapter 61, School Districts, Subchapter B, Special Purpose School Districts, §61.111, Applicability of State Law to Boys Ranch Independent School District
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 61, School Districts, Subchapter B, Special Purpose School Districts, §61.111, Applicability of State Law to Boys Ranch Independent School District. The proposed new rule would identify provisions of the Texas Education Code (TEC) that are not applicable to Boys Ranch Independent School District. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §11.351 and §11.352.
12. Proposed Amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes
(Second Reading and Final Adoption)
This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes. The proposed amendment would update the State Board of Education (SBOE) petition procedures to allow for electronic submission of a petition authorized under Texas Government Code (TGC), §2001.021. Statutory authority is the Texas Government Code (TGC), §2001.021.
13. Review of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions
This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would make an amendment to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions. The proposed amendment would update the definition of a pilot exam in §230.1(17) to indicate that the edTPA performance assessment pilot will be subject to review by the SBEC prior to September 1, 2022, rather than the original date of September 1, 2021. Statutory authority is the Texas Education Code (TEC), §§21.041(b)(1), (2), (4), and (c); 21.044(a); 21.048(a) and (a-1); 21.050; and 22.082.
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 January 26, 2021)
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.