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The State Board of Education met on April 10 to take up the agenda posted here. Members received a presentation and held a question-and-answer session with TEA Commissioner Mike Morath. Additionally, the committee discussed TEKS for CTE, curriculum requirements, ethics training, approval of the Perkins V plan, and an update on the litigation surrounding HB 900. An archive of the hearing can be found here.

 

This report is intended to give you an overview and highlight the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer.

 

Item 1. Commissioner’s Comments

Commissioner Mike Morath

  • Provides overview of Programs of Study, sequences of CTE courses
  • Idea is not new, but the Programs of Study concept & formal identification of career clusters was in 2019
  • Programs of Study refresh is now on the TEA website: https://tea.texas.gov/academics/college-career-and-military-prep/career-and-technical-education/2024-2025-cte-programs-of-study
  • Info on the website includes career cluster descriptions, programs of study descriptions, etc.
  • Has implications for A-F, in 2024 students will need to sit for industry-based cert (IBC) exam and have at least one course in programs of study, 2025 will need two courses, beyond that will need completion
  • IBC & programs of study were only recently combined in the concept of CCMR; TEA is focusing on synthesizing all these concepts together
  • Had issues with IBC on 2 year cycle and program of study list on four year cycle; most recent IBC is now 3 year cycle & new list takes effect in 2025-26
  • Goal is to sync everything up so that it happens at the same time; shifting to updating everything once every 5 years
  • There is some overlap where ISDs will get credit in A-F if participating in the old list or the new list
  • Trying to sync everything to timeline for ISD course offerings at high school level as well
  • Summary: Programs of Study, IBC, TEKS-based CTE courses every five years & IMRA every year
  • If we’re going to refresh for industry every 5 years, all need to do this at the same time
  • SBOE members and Commissioner Morath discuss moving on to second topic or answering questions on first topic
  • Hardy – All of this is so much for any one school; how do schools decide on which program of study? Can’t do everything well? Schools in metroplex may already be doing some things
    • Morath – Right, you can’t do everything well, rural may only be able to do one
    • Do a couple things: frame questions as 1) how many to offer, 2) which ones, and 3) how intense?
    • Idea is to have students move into the programs they choose
  • Hickman – Talked previously about IBC that didn’t lead to employment skills; get differing credentials from each aspect, how is all this tied together so students are prepared for jobs?
    • Morath – Have had feedback from employers, have multiple legs incl. education child needs to have, demonstration of proficiency, and work experience
    • Think about experience as work-based learning which is embedded in TEKS
    • Question is how well this is implemented at ISD level with employers in partnership
    • If you complete all of this you’re in pretty good shape; thinking of this as a blend
  • Pickren – if we’re moving to five year cycle, that won’t hamstring us from bringing new things in?
    • Morath – Correct, there will be times where we need to act immediately rather than waiting for five years
    • Will be reviewing IM all the time, could also create new courses, change existing courses, etc.; nothing would limit you
  • Pickren – Asks that TEA put the Tri-Agency workforce info out to the ISDs
    • Morath – We try to make that available & trying to improve support of ISDs in planning decisions
  • Pickren – Would also like to receive that info from you for when we’re talking to superintendents and trustees
  • Q – Are you hearing superintendents complain about CTE course offerings provided?
    • Morath – Don’t get specific feedback on things like missing courses, do hear sometimes about new innovative courses
  • Young – Does Tea offers summaries about which courses benefit an ISD’s area? Benefit to students? Fiscal outlook for return on courses selected?
    • Morath – Qualified yes, do provide reports but question is how easy they are to use & understand; will try to operationalize any feedback you have
  • Yong – Specific to PEMS coding
    • Morath – Right, picking one pathway with more benefit to students, etc.
  • Ellis – Understand what you’re trying to do with 5 year plan; things change fast, is there any concern world will move past us in 5 years?
    • Morath – Yes, there is a trade off; 5 year idea is more coherent and can be implemented by ISDs easier, downside is something could happen mid-cycle and won’t be addressed systemwide until year 5
    • In order to keep A-F goalposts consistent, we’re trying to commit to 5-year cycle
  • Ellis – Want to make sure that the assessment isn’t driving course development
    • Morath – Rule structure is designed around that concern, in order for IBCs to be included it needs to be tied to TEKS objectives adopted by SBOE; IBCs sometimes don’t get approved because they don’t track TEKS properly
    • Con is sometimes that industry moves faster than TEKS approval
  • Ellis – So in the interim if we decided we want a new TEKS course, would you work with the IBC?
    • Morath – Would need to talk about it, TEA works with others for the IBC list
    • Can consider some type of rapid approval process
  • Davis – What type of industry feedback do you receive about the courses? Hearing that students are moving through CTE but not at the level industry would like
    • Morath – Hear this feedback a lot, HB 1605 change that added massive power to SBOE changed this as well
    • Feedback I’ve heard is generally not TEKS concerns, it is IM concerns; IMRA process can bring high degree of rigor to IM in CTE
  • Davis – What are some of those IM concerns?
    • Morath – How well the IM and instruction fits the course; need teachers trained on content
  • Davis – have you had conversations with certs on CTE?
    • Morath – Legislature has created blanket exception for one pathway, one category of CTE doesn’t req certs
    • Staff – Several SBEC CTEs are under the umbrella, business & finance, etc.; SBEC issues certs, but no outside certs are required
    • Morath – There are places where CTE certs are not required under state law, isn’t it heavy industry or some other pathway?
    • Staff – Not that I’m aware of
    • Morath – Will need to research and get back on this
  • Davis – I’m concerned that you can have the best IM in the world, but if there is a concern about instruction, don’t know that IM will be a magic fix
    • Morath – No magic bullet, IM helps
  • Davis – Over 100 pages in charter amendments? Could I get a copy
  • Ortega – On training, a lot of times CTE teachers are alternatively certified, after that what type of support are they receiving going forward? How are we ensuring equitable access and opportunities for all students
    • Morath – Part of supporting teachers to continually improve; ultimately the responsibility is on school systems
    • There is a state teacher coaching framework which applies to CTE teachers as well
  • Perez-Diaz – Have a Tri-Agency Workforce Coalition and other workforce movement at the state level, is SBEC ever brought into the conversation?
    • Morath – Qualified yes, there are many Tri-Agency meetings & many work streams that come from that
  • Perez-Diaz – Would be good to think critically about bringing in staff from SSBEC and peers from TWC to tap business and industry community
    • Morath – Will bring the CTE topic up at a future meeting
  • Childs – Wondering about AI and getting that to more students across the state?
    • Morath – Courses in high school, like a CS course?
  • Childs – Yes
    • Morath – y’all would build the course, easy way to do that is for an ISD to build an innovative course locally, could possibly also launch a course in a CS CTE pathway
  • Bell-Metereau – How much instruction occurs in how to teach CTE classes?
    • Morath – Would like to return to that after topic 2 of the presentation
  • Little – When will the 5 year period begin?
    • Morath – Right now, next list would be published in 2028-29 SY, last list was published 2023-24
  • Little – ISDs have spent a lot of money building CTE centers, do we have data showing student success from these? ROI for voters?
    • Morath – Great question, would bet we don’t have data to do that study
    • Have various models, e.g. P-Tech; some ISDs have centers where kids are bussed in & TEA doesn’t have a data system to know where these exist
    • Could commission a study, but lege hasn’t given us resources
    • Would be a good idea, because people are doing these & we want to know if it is working
  • Chair Kinsey – So talking about bundling all this together?
    • Morath – Yes, if planned ahead it can happen all in 24 months
  • Chair Kinsey – SO your opinion is to do a heavy amount of lifting on CTE?
    • Morath – Yes, our rec is to bringing everything into alignment and then SBOE reviewing CTE IM
  • Morath – Moving onto Topic 2; educator preparation, teacher employment, attrition, and hiring
  • Not speaking on everything of concern, but what TEA has the data on
  • Student enrollment has recovered to pre-COVID levels and teacher hiring has continued to increase; have more teachers employed now than ever before, not necessarily at record student levels though
  • Overall student growth writ large has stopped, but employing more teachers than before; student-teacher ratios statewide are a little lower than they have been
  • Many are saying this is not true and is not the experience of ISDs; but this experience isn’t universal and student-teacher ratio isn’t directly correlated to class size
  • Hear a lot in the media about a vacancy crisis; odd to hear this when we are employing more teachers than ever before
  • It is true that there is a vacancy crisis, post-COVID there was a jump in teacher exits; teachers are quitting profession in slightly higher numbers than normal which leads to concept of a vacancy
  • Vacancy is also a problem of how many teachers you want to hire, versus how many you actually have
  • Last year, had 49k new teachers
  • Teachers are not coming from undergrad ed prep programs; in order of quantity, newly hired teachers are coming from standard cert, alternative certs, out-of-state, no cert or permit, and then finally re-entering teachers
  • Presents graph on relative numbers of new teachers by origin
  • Returning teachers don’t need new teacher training, need coaching and support
  • Used to be that alternative certs were growing, but after COVID ISDs seemed to move to hiring teachers with no existing cert or permit
  • If teachers continue to avoid cert, will continue to see people avoiding regulatory framework SBOE has oversight of
  • Ed Prep program participation isn’t declining, but many are not finishing the ed prep program; one of the reasons why you’re seeing TEA recs that would affect alt cert & prep quality
  • Highlights graph showcasing years of experience for a teacher versus student academic growth; major student growth gains seen in the first few years of the profession; TEA is trying to figure out how to increase growth for the earliest years, e.g. making first-year teachers better
  • Seeing very high turnover for those new to profession, lower turnover after they hit the 5 year mark
  • Quality of prep a teacher receives affects how quickly they may quit
  • IF we can figure out how to make alt cert and non cert teachers to have same degree of longevity as cert’d teachers, then metrics would be much better
  • Also seeing efficacy differences between the pathways; all online cert programs are significantly below median in terms of quality of education; making this better would mean these teachers quit less often and instruction would be better first year
  • Some alt cert pathways are significantly better, almost universally the residency models
  • Out-of-state hires also tend to be better than others
  • Uncertified doesn’t mean poorly trained, some districts are doing very well in training, some are not
  • Presents TEA’s Educator Preparation Policy Framework, incl. 1) Educator Standards, 2) EPP Reqs, 3) Cert Exams, and 4) EPP Accountability
  • Talking to SBEC now about ways to upgrade teacher standards
  • Have in front of SBOE changes to two of these items, program design changes for online alt cert, and accountability changes meant to improve online alt cert
  • Don’t want to change the other alt cert programs, need to figure out a way to bring online alt cert in line with the others
  • There are some places we need flexibility because we don’t want to encourage the uncert’d route, but the big thing is coaching of candidates
  • Upgrades are not designed to make it harder, don’t want to drive people away
  • Flexibility examples incl. more options to complete field-based experiences, shifting teaching reqs from weeks to hours, and allowing for some virtual/asynchronous observations
  • Increased accountability can incl. informal observations and coaching, connections between coursework and field work
  • SBEC new reqs should increase teacher retention; provides examples of two program implementing some of these concepts
  • Little – Going back to HB 900, still hearing that districts are not willing to remove obscene material or adopt policy for collection of materials; thought this went into effect with TSLAC guidelines; what can SBOE do?
    • Morath – We’re enjoined from defining explicit materials, but not enjoined from the standards already adopted
    • If constituents are concerned about enforcement, there is a formalized grievance process; Level 3 process always ends at the locally elected school board
    • In grievance, ISD either fixes the issue or the parent escalates, after ISD process it is appealed to the Commissioner of Education
    • Commissioner of Education appeal is very limited under state law, only thing I can overrule is a bright line violation of state law; can’t overrule board policy, etc.
    • If it isn’t a bright line violation, TEA is prohibited from relacing ISD board judgment
    • TEA also has a complaints process, but the very first thing asked is if the parent has gone through the local grievance process
  • Little – hearing that it’s taking forever to get through all these levels
    • Morath – Parameters imposed on speedy resolution of grievances is also a concern for legislators right now
  • Little – Has TASB taken a role in advising ISDs how to proceed?
    • Morath – Yes, they provide a default policy recommendation which most districts follow & people have a bunch of perspective on the quality of that guidance
  • Bell-Metereau – Average salaries by cert for teachers? Data on class size? I understand charters hire less qualified teachers because they cost less
    • Morath – There are some differences in the certification rates between ISDs and charters, but less than differences within LEAs
    • Can track down data and share it with you
  • Bell-Metereau – What about attrition rate? Do you see a difference?
    • Morath – Haven’t looked at attrition rate differences between sectors; differences between individual LEAs is probably more significant
  • Childs – What are you doing to make the teaching profession attractive again?
    • Morath – Broad strategy is multi-faceted; almost all teachers are taught within current classrooms, a lot of this is getting districts to do the work
    • Another question is on teacher pay, lege adopted teacher incentive allotment & starting to see jump in well-paid teachers
    • Work-life balance issue in half of classrooms that is significant due to way job is engineered at the school because they are working 80 hours a week
  • Perez-Diaz – Do we know where novice teachers are leaving from?
    • Morath – Yes, don’t have that data here, more likely to be in high concentrations of low-income kids, black and brown kids
  • Perez-Diaz – Heard from USAA that they have a lot of military spouses who are educators but cannot teach because certs don’t transfer; are there thoughts on waivers?
    • Morath – Short answer is yes & improvements have been made but not enough yet
  • Perez-Diaz – Wanted to understand what rubric looked like for high quality candidates
    • Morath – Can give you the RFP, score sheet, etc. ahead of Thursday & Friday
    • Need to do something else to develop a Texas-specific exam
  • Francis – Do you know the sample size for the ed prep program data you presented?
    • Morath – No, published study from Texas Tech
  • Francis – Curious about sample size and author, could be simple issues like teachers with math degrees
    • Morath – That is another clear cause, teachers with familiarity in their subjects
  • Francis – Want some more data points to come to conclusion that alt cert pathways most successful are the residency programs
    • Morath – Spot on that the more we can recruit from within the field the better we are
    • Don’t know that a study exists that disentangles prep pathway from undergrad degree
  • Francis – On communication between SBEC and SBOE, tried to have a process with S/C where we heard from SBEC on the front end
    • Morath – Yes, easier to deal with this at front end; could have someone from the S/C go to SBEC meetings so at least one person from SBOE is listening early in conversations
  • Ortega – Would like some info on attrition and disenchantment about profession; also speak about the role of conservators and assurance to teachers within a district, specifically with Socorro ISD
    • Morath – Conservators are a feature in law designed to address fairly large problem, are able to direct any admin activity and the board; can’t set tax rates, can’t mandate budget
    • TEA generally gives conservators marching orders that are far narrower, in case of Socorro ISD there were some governance issues
    • Conservators are very different from Board of Managers, with BOM there can be fairly significant changes within a district
    • Historically, conservators have not resulted in substantive changes in employment status for types of employees, but can’t predict the future
  • Brooks – If we paid teachers 6 figure salaries it would show we respect them and would get the best, also think they are tired of being micro-managed; is the current CSI discussion for Item 8?
    • Staff – Item 11
  • Brooks – Do believe we need a bridge between SBOE and SBEC; in agreement on these items
    • Morath – All the SBEC meetings are online, recorded, etc. so SBOE can look at this
  • Davis – Do we still have a relationship with Teach for America?
    • Morath – There is a state level rider, 5 year retention for TFA teachers and non-TFA teachers wasn’t very different in Dallas
    • TFA is the only ed prep program that has been through a trial showing positive outcomes in year one
  • Davis – Signfiicant difference in my data between TFA teachers and others; also talked about completion of Ed Prep programs, but we’re also considering edTPA?
    • Morath – SBOE has already spoken that edTPA is not being expanded
    • Ellis – edTPA is moving out of pilot, but keeping PPR
    • Morath – Yes, but edTPA scores are kept separately from accountability
    • Programs are only being evaluated on PPR & in order for pilot to continue need to be able to look at edTPA
  • Pickren – Pornography in front of a child in TX is always illegal, so when you receive a grievance is TEA is talking to AG to refer cases?
    • Morath – We collaborate with LEOs when we receive a pornography complaint
  • Pickren – Would like a fact sheet on that to share; do you collect data on student-admin ratios? Can you share?
    • Morath – Yes, on the TPRS reports
  • Hickman – When you had the chart about ed prep program success, would imagine uncertified is worse than all of them?
    • Morath – It is, but it has a really wide range as uncert’d prep differs greatly by ISD
  • Hickman – The harder we make cert the higher quality we would have, but the less people we would have; how do we balance reducing uncert’d teachers?
    • Morath – Need to create incentive to push teachers to certs while not driving them towards uncert; need flexibility to make it easier to do and increase quality
    • TEA thinks it is something the lege needs to pay attention to because it has knock-on effects
  • Hickman – May be part of the teacher incentive allotment, paying cert’d teachers more
    • Morath – Very much a high topic conversation I’m hoping to see charges on
  • Maynard – Can we know how many are on a probationary contract?
    • Morath – Talking about a local growth program, but not really knowable as there is no data system & is protected under Chapter 21
  • Maynard – Pretty marked difference in terms of CTE versus traditional because of methodology; one of my concerns with 228 is additional visits required & have been told there is a high cost
    • Morath – Not sure that is accurate, some programs have surfaced these concerns and some have brought these up last minute
    • Rules aren’t requiring these costs, e.g. if they have an existing observation program then it won’t cost
    • Programs that will be most affected are the all-online programs
    • Trying to increase flexibility and raising the floor of quality
  • Maynard – As it relates to CTE, we’ve historically had local advisory committees & when ISDs did a good job this was usually pretty positive; how do you put more teeth in this and intentionally go after how to leverage CTE advisory committees
    • Morath – Have the P-TECH model in statute and TEA would provide great deal of technical assistance
    • Outside of P-TECH model, TEA doesn’t have the apparatus to provide support
  • Maynard – In my experience the ISD was checking the box
    • Morath – Was involved in a business advisory committee in Dallas and it wasn’t particularly effective
  • Hardy – Talking about how dangerous the turnover is, what concerns me more are the really good teachers leaving the profession because discipline is so bad in schools & they have no support; if we could keep those teachers we’d see a big improvement; restorative discipline and other concepts are ridiculous
    • Morath – Not easy problem to solve as there are some public policy implications
    • Much more about individual managerial decisions, e.g. cursing in the classroom is solved by the adult in the classroom
  • Hardy – Teachers aren’t getting support
    • Morath – Not universally true, some places do provide support; big coaching dilemma
  • Hardy – It really is, would be easier to take care of than the cert issue
    • Morath – Yes, there are districts where students are ejected for disrespect of admin, teachers, and other students & there are places where this doesn’t happen
  • Hardy – TASB hasn’t sent out an HB 900 policy which makes people think they don’t have to worry about our rules and laws; TASB did have a presentation on how to avoid how to do HB 900
    • Morath – If you’re in a district where this is true, file a grievance and then appeal up; TEA can act on bright line violations
  • Childs – There are 11k uncert’d teachers in HISD, currently taken over by TEA; how can this be fixed for HISD?
    • Morath – Aware of this, not just Houston, trying to get as many cert’d teachers as possible
  • Childs – Can you and I work on something for HISD to help 11k uncert’d teachers work towards certs
    • Morath – Can connect you with governance
  • Childs – Why does residency program cost for potential residents?
    • Morath – Teaching experience is incredibly robust with many areas that cost, incl. delivery, coaching, cost of paying resident, etc.
  • Young – Nothing that will run brand new teacher out of a classroom faster than a bunch of kids with IEPs, etc.; what training are we doing to help teachers with students with special needs
    • Morath – Part of this is in the reqs themselves, have we trained teachers on general ed environment with a bunch of IEPs
    • Issue 2 is the programmatic reqs and testing on ability to do this
    • Has been conversation on EC-6 cert and embedding special education cert, likely the people who need the most training
  • Perez-Diaz – Regarding charter language additions & the accountability language; are charters now allowed to only operate EC prior to STAAR testing? What does accountability look like for that?
    • Morath – Would defer to subject matter expert
    • We don’t have state level data prior to 3rd grade so historically wouldn’t allow a charter to exist, ahs limited options in early childhood education; implying an alternative accountability framework within the charter
    • Won’t agree to charters unless they specify what they will measure and check for
  • Perez-Diaz – Is there a way to standardize this?
    • Morath – I think there is, but we’ve never done it before; need to try one before
  • Perez-Diaz – There are models, e.g. in San Antonio, would encourage TEA to look at their frameworks
    • Morath – Familiar, but they don’t send data to us yearly & don’t have data yet to build a whole system
  • Davis and Morath discuss prior request for charter language changes & summary
  • Ortega – Don’t want to overlook re-entry teachers & concerned about what we’re doing to continue their learning and support
    • Morath – There are state laws related to evaluation and coaching of teachers, so ISDs have some obligation to provide this
    • There are huge managerial efficacy differences in implementation
    • Educator standards aren’t meant solely for new teachers; T-TESS is based on those standards
  • Bell-Metereau – Hearing about what is happening in HISD with all-day power points and testing is the opposite of quality teaching and wondering if you’ve had a chance to meditate on this
    • Morath – Concept of experiential learning is a well-worn path in science
    • Very young children learn by play, but direct instruction is the most effective way for novice learners; can’t start with experiential learning
    • But want to create environments filled with love & joy, but are also effective
    • Regarding individual testimony, we talk to ISD board, but individual decisions are the function of the board and management team

 

 

Item 2. Proposed New 19 TAC Chapter 127 TEKS for CTE

  • Staff – This is a second reading of a stack of CTE courses for review; for these TEKS, there is public comment and business feedback for members to consider; to discuss recommendation for a new course title for Principles of Technology; to discuss prerequisites for floral design
  • Maynard – If a recommended prerequisite, you can make that prerequisite on a local level, right?
    • Staff – Yes. Provides additional flexibility
  • Francis – Can you comment on the course that’s name name needs rechanging?
    • Staff – The course we think might cause confusing is applied physics in engineering. The proposed changed is engineering physics
  • Francis – In the handout, can you qualify the comment about students hands-on expectations seems insurmountable for high schools to obtain?
    • Staff – They can offer some courses and not others but cannot just teach part of a course. In order for a student to complete program of study, school district must offer sufficient courses.
  • Francis – To receive credit on transcripts, do students need to take all courses in program of study?
    • Different choices in course offerings that a district can choose from. Student must complete district selected courses. Minimum of 4 courses
  • Francis – Why is it said to be insurmountable, like aviation program?
    • Staff – Wanted to make sure included all FAA requirements. Certain hands-on requirements for this could be expensive, but some districts offer already
  • Maynard – Motion for approval of New 19 TAC Chapter 127, Texas Essential Knowledge and Skills in Career Development and Career and Technical Education, Subchapter C, Agriculture, Food, and Natural Resources, §§127.30, 127.45-127.58, 127.86, and 127.87; Subchapter O, Science, Technology, Engineering, and Mathematics, §127.795 and §127.796; and Subchapter P, Transportation, Distribution, and Logistics, §§127.887-127.890 and 127.920 and make an affirmative finding that such shall have an effective date of 20 days after filing with Texas register
    • Second
  • Open floor to subchapter C for edits
  • Brooks – Move to make following changes in Section 127: Move to change “and” to “or,” giving students a choice
    • Second
  • Brooks – Wanted to make this change because standard asks students to develop skills through participation; giving them the option does not impose burden on teacher or student; in choosing 1 of 3, they will still meet standard
    • Maynard – Is this really an issue? Participation in CTSO is as according to state law. The program of activities is a strategic plan that student officer create and engages all of students
  • Brooks – So in order for students to participate in this course, it is a vital component that all student participate in all 3?
    • Maynard – I think so.
  • Brooks – I would like to withdraw my motion
  • Brooks – In section 127 same course TEK 10D, motion to make confirming amendment to strike out “digital citizenship” and replace with “civic responsibility”
    • Second
  • Brooks – Not “digital citizenship” because there are other ways of explaining citizenship
    • Perez-Diaz – The way I understand this would change the intent of this TEK. I stand against this
  • Staff – Digital citizenship is specific thing talking about how you behave in online interactions specific to subject. Amendment changes meaning of student expectation
  • Childs – This amendment would change the intent of the TEK.
  • Bell-Metereau – Can staff speak on the process in choosing digital citizenship
    • Staff – Work groups did this, but they thought a lot about this term with regard to technology-focused classes
  • Maynard – As Brooks said, in I-23 under 1e, the “civic” piece is already covered. TEK relates to use of technology in workplace, so “digital citizenship” aligns better with this theme
  • Brooks – Move to amend original motion to “digital citizenship with civic responsibility”
    • Objection that it does not make grammatical sense
  • Brooks – Move to withdraw my amendment
  • No objection, Brooks amendment withdrawn
  • Brooks – Move to make a motion to make following amendment to TEK 10D: change to “digital citizenship and civic responsibility”
    • Second
  • Ellis – What are we trying to accomplish here? Civic responsibility is a whole social studies strand. Too broad, unnecessary expansion. Opposed to amendment
  • Bell-Metereau – Possible to simply make adjective saying “responsible digital citizenship” to put more value into this concept
  • Childs – Is it the verbiage of digital citizenship you do not like? Should we be more specific about what digital citizenship is?
  • Brooks – Call to question about Brooks’ amendment to 10D
  • Motion fails 2-12
  • Brooks – Move to make following amendments in subchapter C 127.46/47/51/51/53/54/56/57/58 on page I26 1A, strike out and replace with “Describe and demonstrate characteristics of good citizenship such as stewardship, community leadership, and promotion of industry awareness and literacy
    • Staff – Clarifying question. Unclear about verb “promotion”
  • Brooks – Better to change to “demonstrate”? Or different verb?
    • Maynard – Already have that student expectation on 1E
  • Brooks – Move to withdraw amendment
    • No objection, amendment withdrawn
  • Brooks – Same section 127.46 I25 4B, add the following: “describe the…domestic and…global context of agricultural industries and careers”
  • Amendment passes 7-1
  • Brooks – Move to make a motion to add the following on page I67 14G: “Discuss the advantages and limitations of hydroponics.”
    • Second
  • Maynard – Does this statement fit best in this section?
    • Staff – Could also work under 15
  • Maynard – Move to amend proposed amendment by moving amendment to section 15 as a new H
    • Objection that verbiage does not align with other standards in this TEK now. Should reflect verbiage in the others
  • Staff – Member might have another amendment that might tie it in nicer
  • Pickren – Make motion to secondary amendment to change “discuss” to “analyze” and add “advancements” in original proposed amendment
    • Bell-Metereau – In terms of sentence structure, opposed to word choice and arrangement; recommend the word “developments”
  • Brooks – I like Bell-Metereau’s idea of saying “advantages and disadvantages”
  • Should we just add hydroponics to G as advancements is discussed in G?
  • Hickman – Change to “Analyze the advantages and limitations of the advancements of hydroponics”
  • Pickren – modify amendment to Hickman suggestion
    • Bell-Metereau’s – Objection, “advancements” logically should go before “advantages” and “limitations” should be “disadvantages”
  • Call to question regarding adding “Analyze” at the beginning and “of the advancements” after “limitations”
    • Passes 10-1
  • Vote on such secondary amendment made by Pickren
    • Fails 2-10
  • Back to discussion of proposed primary amendment by Brooks
  • Bell-Metereau- Motion to propose secondary amendment changing to “Describe the advancements in hydroponics and discuss the advantages and disadvantages”
    • Second
  • Hickman – Staff, would this then only look at advantages and disadvantages of the advancements and not hydroponics in general?
    • Staff – Yes
  • Francis – Has hydroponics been discussed in other TEK? Seems like came out of nowhere
    • Staff – Not in a significant capacity
  • Brooks – This amendment isolates this one technique in a significant way
  • Childs – Staff, class-time wise, does it change if we just put hydroponics at the end of G?
    • Staff – I do not know
  • Bell-Metereau – Could say “define hydroponics and describe advancements, advantages, and disadvantages”
  • Members discuss the amendment further
  • Kinsey – Will take a lunch break for members to discuss a resolution on this so we can get to the rest of business today
  • Brooks – Move to withdraw my primary amendment
  • Maynard – Move to amend main motion I-68 18; inserting new sections relating to hydroponics;
  • Staff will make technical changes
  • Staff – Notes in Section O principles of applied engineering and applied physics and engineering; could change names to make things clearer to the field
  • Maynard – Recommend we strike applied physics and engineering and changing to “engineering physics”
  • Members and staff discuss the amendment; will come back to this one
  • Maynard – Move enforcement action so we can move on to the next amendments
  • Maynard – I-112 add a new section under 18 to identify cotter pin requirements and techniques; adds another related cotter pin amendment
  • Going back to the amendment concerning the re-titling of Applied Physics and Engineering
  • TEA Staff – Staff recommends the title “Physics for Engineering”
  • Francis and staff discuss the confusion with the title of the course
  • Maynard – Withdraws motion concerning re-titling
  • Hickman – Move to re-title to “Physics for Engineering”
    • Amendment adopted
  • TEKS are adopted (13-0)
  • TEA Staff – If any member wants to offer amendments to the CTE TEKS, they are due by noon on Thursday

 

Item 3: Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements

TEA Staff

  • Changes would update names of certain courses and CTE career clusters
  • Would specify the amount of credit for high school PE courses and would align endorsements of CTE
  • Added additional language in the section to account for transition to these new requirements, particularly the new endorsements
  • Current 9th and 10th graders would not be harmed by these new rules
  • Rule says for existing 11th and 12th need the opportunity to continue on the old endorsement
  • Hoping will get feedback from school staff during the public comment period
  • Added recommended language to align rules with the definition of a CTE completer
  • Staff saw references to innovative courses approved by the commissioner; are no longer approved by the commissioner, now approved by the SBOE, would be prudent by the SBOE to change that language
  • Ellis and staff discuss implementation date
  • Hickman – Where is CTE completer defined?
    • In Perkins state plan
  • Hickman – If a student studies Culinary Arts, does it show up on their degree, what happens?
    • Would count as CCMR, diploma is where endorsements come into play
  • Hickman – Would require program of study and IBC?
    • Yes; ultimately will be that requirement; at least one IBC for each program of study
  • Brooks and staff discuss the path a student could go down if they participated in CTE
  • Brooks – Will need 26 credits not 22? Classified as an elective?
    • Courses qualify under each of the 5 endorsements; are non-CTE options as well under all of them
    • HB 5 in 2013; board identified courses that would satisfy endorsement requirements; all this is doing is aligned with the refreshed program of study
  • Brooks and staff discuss the credits for each course; students demonstrate proficiency for credit
  • Staff – Districts have the authority to say what demonstrate proficiency means; standard has been around for a long time
  • Brooks and staff discuss IBCs and endorsements
  • Francis – Would be reasonable to compile a subsection on definitions
    • Include when necessary, did not think that is the case in this instance; can add if you want to
  • Maynard – Move committee recommend rules on first reading
  • Young – Move to strike the language staff mentioned earlier concerning commissioner approved innovate courses
  • Francis – Why did we not replace “the commissioner” with “the SBOE”
    • The only way an innovative course can be approved is through the SBOE
  • Members discuss the amendment further
    • Amendment adopted
  • Main motion adopted (9-1)

 

Item 4:                 Approval of Proposed Updates to the Texas State Plan for Strengthening Career and Technical Education for the 21st Century Act (Perkins V)

TEA Staff

  • Seeking SBOE approval on the updated Perkins State Plan
  • Have collected information across the state to complete this plan
  • Posted this plan for public comment; received zero comments
  • If approved, this will route through the Office of the Governor and then will be submitted to the U.S. Department of Education by May 10
  • Maynard – Have been submitting these plans for over 100 years; is there a thought to do a more comprehensive ground-up approach next time around?
    • Yes; see this as a continuation of the previous plan with additions
  • Maynard – When you build this from the ground-up it takes a lot of staff effort
    • Last time there was a years’ worth of work; staff toured the state, meetings with the Governor’s Office, etc.
  • Maynard and staff discuss the significance of the plan
  • Maynard – How much is the Perkins funds?
    • Anticipate $129m for the coming for the fiscal year; have funds planned out for different institutions; big piece is going to districts on how they are implementing programs of study
    • Is a reserve amount to offer grants for innovative implementation models; for example, rural districts banding together to offer CTE courses
  • Maynard and staff discuss consortiums and teacher organizations
  • Purchase of equipment allowable through this fund, but also let districts know about JET funding which is also a fund for purchase of districts
  • Members and staff discuss the Perkins allocation formula – which is based on student CTE participation and community college dual credit programs
  • Brooks – What are some responsibilities of ISDs to get these funds?
    • Vast majority participate in CTE, smaller group of charters participate
    • Send data to schools as ask them how they are going to respond to that labor market information
  • Hickman – Asked the commissioner how to tie this to starting a small businesses, preparing students to start career; ask that to you as well
    • In the refresh intentionally focused on relevant initiatives from THECB, TEA and TWC
    • We spend time keeping a list of quality certificates with THECB and TWC and concerning credentials of value in advising
    • Planning to use some of leadership funds for development of career cluster guides
  • Hickman – Suggest adding a metric to reporting who has gotten a job as a result of credential
    • Have information from TWC on enhancing data inputs like that; right now that data is limited
  • Maynard – Have had a big issue with cosmetology as they often work for themselves and workforce data is not helpful to us to chart those who work for themselves
  • Maynard – Need to do a better job in our next plan to capture that types of data
    • Have worked to determine what careers are most likely to work for themselves
  • Francis – On a four-year cycle for this?
    • Yes
  • Francis – This is a light touch in terms of updating this report; why?
    • Believed the foundational document is a good plan, just needed to update some things within the plan
  • Francis – Tri-Agency Workforce is statutorily authorized?
    • Yes
  • Francis – Why is the SBOE not involved in the Tri-Agency Workforce?
    • Is a question for the legislature
  • Francis – Think it is strange we only discuss this when we have to approve it; for example, JET Grants were administered in my district and I was not even involved in that
    • To be clear we do not administer the JET Grants
    • Is not true the only time this comes up when we approve the plan; the programs of study have been presented and discussed by this board; Chapter 127 discussion is related to this
  • Maynard – Move the committee approve the plan
  • Motion adopted (11-1)
  • Maynard – Hope by the time we get to the next one will be some evolution on things, like adding more industry-based certifications

 

Item 5: This item provides an opportunity for the State Board of Education (SBOE) to discuss ethics statutes and rules that apply to SBOE members. Statutory authority is the Texas Education Code (TEC), §43.0031 and 19 Texas Administrative Code (TAC), §33.5(s)

TEA Staff – Ethics Advisor

  • Recently was a Texas Ethics opinion about how the three statewide revolving door statutes that apply to former SBOE members
  • Courts are bound by legal holdings in the Texas Ethics opinion
  • Revolving Door #1: if participated in a procurement or contract negotiation for two years after contract is signed or procurement, may not get involved
  • Ratification of PSF negotiations is not a contract negotiation, but is a procurement
  • If you executive investment transactions for the PSF cannot for two years after the procurement is terminated or withdrawn accept employment
  • Two years after you cease to be a member, may not make any communication on behalf of any person to influence agency action in connection with any matter on which that person seeks official action
  • PSF corporation; former SBOE member may not appear before the PSF corporation before two years after their last day as a member
    • Same rules apply concerning appearing before the commissioner
  • Concerning communications with TEA employees; will need to discuss that with the ethics advisor
  • Former board member may never represent a person or receive compensation for services rendered on behalf of any person regarding a particular matter they participated in while serving with the agency; this restriction lasts forever
    • Particular matters are specific such as an investigation, application, contract, rulemaking proceeding, administrative proceeding, request for a ruling, etc.
  • Prohibits former SBOE members from ever receiving compensation under contracts for the PSF for things they
  • Is a loophole for all three; only apply when one is representing a person – which includes business entities; do not restrict form nonprofit or governmental entities
  • In one circumstance was one person
  • Cannot take any amount of funds lobbying for a nonprofit or governmental entity; bribery law still applies even if revolving door does not apply
  • SBOE revolving door law; may not appear before a school board before two-year anniversary of the last date of membership, if employed/receives compensation form a publisher of instructional materials
    • No loophole for government or nonprofit entities
  • Prohibited from contributing towards political campaigns; AG issued an opinion on this saying it was too broad
  • Bell-Metereau – Responding to constituents in email; what is ethical obligation to responding to emails related to a decision of a committee I am not a part of
    • Would be personal choice
  • Bell-Metereau – What about editorials in a newspaper
    • Have free speech rights; no violation would occur if you did that
  • Maynard – Each of us have become specialists in our committees, would say if you have concerns about another committee, would recommend reaching out to a committee chair
  • Hickman – Sometimes will get emails to the whole board and have rules that we cannot reply all; how to handle?
    • Can respond to that individual is best; do we have an SBOE message board for these types of issues
  • Bell-Metereau – Have had hundreds of emails of why the state would divest from BlackRock; how to respond
    • Reiterates free speech rights of board members
  • Hickman – Suggest asking Maynard about his committee’s actions or during his committee report tomorrow; do not see this relevant in this discussion
  • Francis – How do you determine who is an employee of TEA or the SBOE?
    • Is a common law employer test; is about the SBOE having full control over the details of a staff’s work
    • As I understand, how things are structured right now, SBOE does not have the full authority over TEA staff
  • Francis – Cannot see under normal circumstances where TEA employees would be considered an SBOE employee

 

Item 6: Pending Litigation

TEA Staff

  • HB 900; rating books based on sexual material; no effect currently on the SBOE’s responsibility
  • Fifth circuit of appeals upheld ruling HB 900 was unconstitutional
  • Next day the fifth circuit of appeals amended internal operating rule; any judge on the three-person panel can withhold the mandates for the purposes of having the panel resolve disagreements on that opinion en banc
  • A judge withheld the opinion after the rules were changed
  • Is some disagreement in the firth circuit; do not know if they are going to modify or rehear the case
  • Francis – We can ask questions without heading to executive session?
    • Do not think this is about posturing on case, as long as questions are about procedural updates
    • SBOE has not been enjoined preventing them from doing their work
  • Pickren – Asks about the status of the ruling
    • Opinion is out there, but in a draft form of sorts; is disagreement in the fifth circuit right now
  • Francis – Heard earlier about districts not adopting mandatory library collection standards we approved through TSLAC, does this event give them legal cover?
    • That is a separate issue from the one we are discussing
    • Vendor rating issue is what we have been talking about
    • The other is the TSLAC and library standards; that should continue on the way it should; districts are still obligated to adopt those standards
  • Francis – Diversion happened when it went to the fifth circuit when that rule was separated out; would the entire rule not be in the air?
    • Reiterates the TSLAC and library standards have not been affected by this lawsuit
  • Francis – If I had a district that was not adopting those standards, what is recourse?
    • Certainly could be; constituents can make complaints through the TEA portal
  • Francis – How did an anonymous judge do this?
    • Rule passed said the judge will remain anonymous; has been withheld because of the disagreement in the opinion; does not mean opinion is going to be reversed, do not know
  • Hickman – Asks about the opinion
    • The opinion was released; before sent to district court the mandate of that opinion was withheld
  • Hickman – How does the en banc decision come about?
    • Rule says either party can request – or any judge on the court can
  • Hickman – Can you appeal to the Supreme Court?
    • Have to resolve the en banc issue first, would then be the AG or SG’s choice to appeal
  • Hickman – Is a stay on the vendor rating issue?
    • No; the fifth circuit tends to lift those stays, so technically not true
    • Advice is to treat it that way
  • Hickman – No one wants to take the legal risk to implement something that may be overturned –
    • That fifth circuit technique has been questioned in front of the Supreme Court over certain matters, and when the state has moved forward on those things, the fifth circuit reversed their position and put those stays in place
    • That has not happened in our case
  • Bell-Metereau – Do issues of community standards or definition of obscenity factor into this?
    • Have been complicated arguments made on those types of definitions and when they apply
    • Court did not like the idea of compelling private third parties on making decisions on what meets those definitions and what does not

Adjourned