September 2024 SBOE General Meeting
OFFICIAL AGENDA
STATE BOARD OF EDUCATION
AUSTIN, TEXAS
September 13, 2024
9:00 a.m.
William B. Travis Building, Room 1-104
1701 N. Congress Avenue
Invocation
Pledge of Allegiance
Roll Call
Approval of Minutes
State Board of Education, June 28, 2024
1. Resolutions
Resolution Honoring the 2024 Heroes for Children Award Recipients
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
3. Proposed New 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.43, Lists of Approved and Rejected Instructional Materials
(Second Reading and Final Adoption)
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, §67.43, Lists of Approved and Rejected Instructional Materials. The new section would address the removal of a set of instructional materials from the lists of approved and rejected instructional materials outlined in Texas Education Code (TEC), §31.022. No changes are recommended since approved for first reading. Statutory authority is the TEC, §31.003(a) and §31.022, as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023.
4. Proposed Amendments to 19 TAC Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.25, Consideration and Approval of Instructional Materials by the State Board of Education
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 67, State Review and Approval of Instructional Materials, Subchapter B, State Review and Approval, §67.25, Consideration and Approval of Instructional Materials by the State Board of Education. The proposed amendment would establish a minimum threshold for standards alignment for instructional materials for enrichment subjects and courses 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). Statutory authority is the Texas Education Code (TEC), §§28.002(a), and 31.003(a), 31.022, and 31.023, as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023.
5. Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members. The proposed amendment would amend the requirements for school board member training. Statutory authority is the Texas Education Code (TEC), §11.159.
6. Proposed New 19 TAC Chapter 120, Other Texas Essential Knowledge and Skills, Subchapter B, English Language Proficiency Standards
(Second Reading and Final Adoption)
This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 120, Other Texas Essential Knowledge and Skills, Subchapter B, English Language Proficiency Standards, §120.20, English Language Proficiency Standards, Kindergarten-Grade 3, Adopted 2024, and §120.21, English Language Proficiency Standards, Grades 4-12, Adopted 2024. The proposed new sections would relocate the English Language Proficiency Standards (ELPS) from 19 TAC §74.4 and update the standards to ensure they remain current and comply with federal requirements. Technical changes to the figures are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4), 28.002(a), and 29.051.
This item provides an opportunity for the committee and board to review the requirements in Article VII, §5(a)(1) and (2), Texas Constitution, that states, the total amount distributed from the Permanent School Fund (PSF) to the Available School Fund (ASF) is not more than six percent of the average market value of the PSF on the last day of each of the sixteen state fiscal quarters preceding the regular session of the legislature that begins before that state biennium; and over the 10-year period the distributions may not exceed the total return on all investment assets of the PSF over the same 10-year period. Statutory authority is the Texas Constitution, Article VII, §2 and §5; and 19 Texas Administrative Code (TAC) Chapter 33.
Texas Education Agency (TEA) staff will provide an overview of the agency’s Administrative and Program budget by major component for fiscal years and the biennium totals for 2024-2025, as well as the agency’s Legislative Appropriations Request (LAR) for the 2026-2027 biennium for comment. Statutory authority is the Texas Education Code (TEC), §7.055(b) and (c).
COMMITTEE ON INSTRUCTION
This item provides an opportunity for the board to review and approve the proposed amendments to the Texas State Plan for the Education of Gifted/Talented Students. The proposed amendments would clarify terminology and requirements related to gifted/talented education that are necessary to align with updates to the rule requirements of House Bill (HB) 1525, 87th Texas Legislature, 2021. Statutory authority is the Texas Education Code (TEC), §7.102 and §29.123.
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND
This item provides an opportunity for the committee and board to review the requirements in Article VII, §5(a)(1) and (2), Texas Constitution, that states, the total amount distributed from the Permanent School Fund (PSF) to the Available School Fund (ASF) is not more than six percent of the average market value of the PSF on the last day of each of the sixteen state fiscal quarters preceding the regular session of the legislature that begins before that state biennium; and over the 10-year period the distributions may not exceed the total return on all investment assets of the PSF over the same 10-year period. The board will determine whether transfers may be made from the PSF to the ASF in fiscal year 2025. Statutory authority is the Texas Constitution, Article VII, §2 and §5; and 19 Texas Administrative Code (TAC) Chapter 33.
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.