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Perf. Student Performance

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Intr. Invocation

         Pledge of Allegiance

         Roll Call

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Min. Approval of Minutes

         State Board of Education, September 16, 2011

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Pub. Public Testimony - Individual testimony will be taken to address items other than those on the board agenda.

No testimony given.

1. Resolutions and Presentations

         Resolution honoring winners of the 2011 National History Day contest (No Exhibit)

         Resolution honoring winner of the National Geographic Bee (No Exhibit)

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2. Approval of Consent Agenda

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

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3. COMMITTEE OF THE FULL BOARD

3. Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.1, Essential Knowledge and Skills, and §74.3, Description of a Required Secondary Curriculum, and Proposed New Chapter 74, Subchapter G, Graduation Requirements, Beginning with School Year 2012-2013
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, §74.1, Essential Knowledge and Skills, and §74.3, Description of a Required Secondary Curriculum, and proposed new Chapter 74, Subchapter G, Graduation Requirements, Beginning with School Year 2012-2013. The proposed amendments would update requirements for school districts to align with recently passed legislation and provide additional clarification regarding requirements. The proposed new subchapter would update the graduation requirements to align with recently passed legislation, allow additional courses to satisfy certain graduation requirements, and provide additional clarification regarding requirements. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, 28.025, and 28.027.

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4-5. COMMITTEE ON INSTRUCTION

Members: George Clayton, Chair; Marsha Farney, Vice Chair; Mary Helen Berlanga; Barbara Cargill; and Terri Leo.

4. Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, General Educational Development
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, General Educational Development. The proposed revisions would incorporate changes resulting from Senate Bill (SB) 1094, 82nd Texas Legislature, 2011, and recent board discussion. No additional changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §7.111, as amended by SB 1094, 82nd Texas Legislature, 2011.

5. Proposed Amendment to 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, Subchapter A, High School, §118.4, Economics with Emphasis on the Free Enterprise System and Its Benefits, High School (One-Half Credit), Beginning with School Year 2011-2012
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, Subchapter A, High School, §118.4, Economics with Emphasis on the Free Enterprise System and Its Benefits, High School (One-Half Credit), Beginning with School Year 2011-2012. The proposed amendment would add methods of paying for college and other postsecondary education and training to the standards for personal financial literacy to align with House Bill (HB) 34, 82nd Texas Legislature, Regular Session, 2011. Statutory authority for this action is the Texas Education Code (TEC), §§7.102(c)(4), 28.002, 28.0021, and 28.025.

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6. COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND

Members: Pat Hardy, Chair; Lawrence A. Allen, Jr.; David Bradley; Bob Craig; and Thomas Ratliff.

6. Proposed Amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter B, Use of State Funds, §105.11, Maximum Allowable Indirect Cost
(Second Reading and Final Adoption)

This item presents for second reading and final adoption proposed amendment to 19 TAC Chapter 105, Foundation School Program, Subchapter B, Use of State Funds, §105.11, Maximum Allowable Indirect Cost. 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 Senate Bill (SB) 1, 82nd Texas Legislature, First Called Session, 2011. No additional changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§42.1541, 42.152(c), 42.151(h), 42.153(b), 42.154(a-1) and (c), and 42.156(b).

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7. Consideration of the Development of Strategic Relationships Within the Absolute Return Asset Class

This item provides an opportunity for the committee and board to review the development of strategic relationships within the absolute return asset class in order to reduce management fees. Statutory authority for this action is the Texas Constitution, Article VII, §5(f).

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8-11. COMMITTEE ON SCHOOL INITIATIVES

Members: Ken Mercer, Chair; Charlie Garza, Vice Chair; Mavis B. Knight; Gail Lowe; and Michael Soto.

8. Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, and 19 TAC Chapter 247, Educators' Code of Ethics, §247.1, Purpose and Scope; 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 amend 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, and 19 TAC Chapter 247, Educators' Code of Ethics, §247.1, Purpose and Scope; Definitions. The proposed amendments to 19 TAC Chapter 249 would update statutory and administrative rule references, as well as clarify and streamline the SBEC disciplinary procedures and standards. This item also proposes an amendment to 19 TAC §247.1 to ensure that the definitions are consistent with 19 TAC §249.3, Definitions. The statutory authority for the proposed amendments to 19 TAC Chapter 249, Subchapter A, is the Texas Education Code (TEC), §21.006(b-1) and (g); 21.007; 21.031(a); 21.035; 21.040(6) and (7); 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a); 21.058; 21.060; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.087; and 57.491(g); Texas Government Code, §§411.087, 411.090, and 2001.058(f); Texas Family Code, §261.308(d) and (e) and §261.406(a) and (b); and Texas Occupations Code, §§53.021(a), 53.022-53.025, 53.051, and 53.052; for Subchapter B is the TEC, §§21.006(b-1) and (g); 21.007; 21.031(a); 21.035; 21.040(6) and (7); 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a); 21.058; 21.060; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.087; and 57.491(g); Texas Government Code, §§411.087, 411.090, and 2001.058(f); Texas Family Code, §261.308(d) and (e) and §261.406(a) and (b); and Texas Occupations Code, §§53.021(a), 53.022-53.025, and 53.051; for Subchapter C is the TEC, §§21.031(a); 21.035; 21.040(6) and (7); and 21.041(a) and (b)(1) and (7); Texas Government Code, §2001.058(f); and Texas Occupations Code, §53.024 and §53.051; for Subchapter D is the TEC, §§21.031(a); 21.035; 21.040(6) and (7); and 21.041(a) and (b)(1) and (7); Texas Government Code, §2001.058(f); and Texas Occupations Code, §53.024 and §53.051; and for Subchapter E is the TEC, §§21.031(a); 21.035; 21.040(6) and (7); and 21.041(a) and (b)(1), (4), and (7); Texas Government Code, §2001.058(f); and Texas Occupations Code, §§53.021(a), 53.022-53.025, and 53.051. The statutory authority for the proposed amendment to 19 TAC §247.1 is the TEC, §21.041(b)(1), (7), and (8).

9. Proposed Repeal of 19 TAC Chapter 97, Planning and Accountability, Subchapter A, Accountability
(Second Reading and Final Adoption)

This item presents for second reading and final adoption the proposed repeal of 19 TAC Chapter 97, Planning and Accountability, Subchapter A, Accountability. The proposed repeal is necessary to reflect statutory changes resulting from House Bill (HB) 3, 81st Texas Legislature, 2009, which transferred authority to adopt student achievement indicators from the State Board of Education (SBOE) to the commissioner of education. No additional changes are recommended since approved for first reading. Statutory authority for this action is the Texas Education Code (TEC), §§39.051-39.054, as amended and added by HB 3, 81st Texas Legislature, 2009.

10. Adoption of Review of and Proposed Amendments to 19 TAC Chapter 157, Hearings and Appeals, Subchapter A, General Provisions for Hearings Before the State Board of Education, and Subchapter D, Independent Hearing Examiners
(Adoption of Review)
(First Reading and Filing Authorization of Amendment)

Texas Government Code, §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 the review of 19 TAC Chapter 157, Hearings and Appeals, Subchapter A, General Provisions for Hearings Before the State Board of Education, and Subchapter D, Independent Hearing Examiners. Subchapter A establishes the procedures for appeals heard by the SBOE regarding administrative penalties for violations of textbook requirements. Subchapter D sets forth the certification criteria for independent hearing examiners who conduct due process termination, nonrenewal, and suspension without pay hearings at the school district level. This item also presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 157, Subchapters A and D, that would prohibit parties to a contested case before the SBOE from communicating with board members during the pendency of the case, address technological advances, and standardize references to independent hearing examiners. The statutory authority for the rule review is Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 157, Subchapter A, is Texas Education Code (TEC), §31.151, and Texas Government Code, §2001.004. The statutory authority for Subchapter D is TEC, §21.252.

11. Proposed Selection of a Public College or University Charter

This item provides the board an opportunity to approve the operation of a public college or university open-enrollment charter school for opening in the 2012-2013 school year. The interview for the proposed school to be operated by the University of Texas at Tyler will be conducted during the meeting of the Committee on School Initiatives on November 17, 2011. Statutory authority for this action is the Texas Education Code (TEC), §12.152 and §12.154.

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Rpts. REPORTS OF COMMITTEES REGARDING AGENDA ITEMS ON COMMITTEE AGENDAS

Committee chairs will present information concerning agenda items presented in the committees.

Instruction – Mr. Clayton
School Finance/Permanent School Fund – Ms. Hardy
School Initiatives – Mr. Mercer

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.

No reports given.