September 2020 Committee on Instruction Item 1
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
(Second Reading and Final Adoption)
September 2, 2020
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed amendments to 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.1, Essential Knowledge and Skills, and §74.3, Description of a Required Secondary Curriculum. The proposed amendments would update the rules to align with recent legislation and with changes to the technology applications and career and technical education (CTE) Texas Essential Knowledge and Skills (TEKS).
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(4); and §28.002(a), as amended by Senate Bill (SB) 11 and House Bill (HB) 18, 86th Texas Legislature, 2019.
TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.
TEC, §28.002(a), as amended by SB 11 and HB 18, 86th Texas Legislature, 2019, identifies the subjects of the required curriculum.
The full text of statutory citations can be found in the statutory authority section of this agenda.
EFFECTIVE DATE: The proposed effective date of the proposed amendments is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2021-2022 school year. The earlier effective date would align the rules with legislation and updates to technology applications and CTE courses as soon as possible.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC Chapter 74, Subchapter A, effective September 1, 1996. Section 74.1 was last amended effective June 18, 2014. Section 74.3 was last amended effective October 23, 2016. A discussion item regarding Chapter 74, Subchapter A, was included on the agenda for the Committee on Instruction during the January 2020 SBOE meeting. The board approved the proposed amendments to 19 TAC §74.1 and §74.3 for first reading and filing authorization at the June-July 2020 SBOE meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: The 86th Texas Legislature, 2019, passed HB 963, which required the SBOE no later than March 1, 2020, to amend its rules in order to consolidate the TEKS for high school for technology application courses with the TEKS for CTE courses and to eliminate duplicative courses. A discussion item regarding proposed revisions to 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, was presented to the Committee of the Full Board at the November 2019 SBOE meeting, and at the January 2020 meeting the board approved the proposed revisions for first reading and filing authorization. At the April 2020 SBOE meeting, the board approved the proposed revisions for second reading and final adoption. With the update to the courses for technology applications and the addition of a new CTE career cluster in energy, the SBOE will need to align the courses that districts and charter schools are required to make available to students.
Additionally, SB 11 and HB 18, 86th Texas Legislature, 2019, amended the required curriculum in TEC, §28.002, to add suicide prevention to the topics included in health education. The statutory changes also clarify that health education must include physical health, including the importance of proper nutrition and exercise, and mental health, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making.
At the January 2020 meeting, a discussion item on proposed amendments to 19 TAC §74.1 and §74.3 was presented to the Committee on Instruction. The committee requested that Texas Education Agency (TEA) staff prepare proposed amendments for consideration by the SBOE at its April 2020 meeting and indicated that districts should no longer be required to offer specific technology applications courses since they will be included in CTE. This item was not presented at the April 2020 meeting because the meeting agenda was streamlined to accommodate a remote format due to disruptions resulting from the COVID-19 pandemic.
The proposed amendments would align the required secondary curriculum with the changes to the technology applications and CTE TEKS and reflect recent legislation.
The attachment to this item reflects the text of proposed amendments to 19 TAC §74.1 and §74.3 for consideration by the SBOE for second reading and final adoption.
Since approved for first reading, changes are recommended in §74.3(b)(2)(G) to clarify that the student enrollment numbers listed in clauses (i)-(vi) reflect the number of students enrolled in high school. The changes would better align the language with the new CTE Perkins State Plan.
FISCAL IMPACT: No changes have been made to this section since published as proposed.
TEA has determined that there are no additional costs to state or local government required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed.
The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: No changes have been made to this section since published as proposed.
The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed.
The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: No changes have been made to this section since published as proposed.
The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: No changes have been made to this section since published as proposed.
TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking would expand and limit existing regulations by revising the high school courses required to be offered by school districts and charter schools and eliminating certain technology applications courses from the list of high school courses required to be offered.
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed.
The proposal would update and clarify the rules regarding secondary courses required to be offered in order to avoid confusion for districts and schools. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed.
The proposal would have no new data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed.
TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: Following the June-July 2020 SBOE meeting, notice of the proposed amendments to 19 TAC §74.1 and §74.3 was filed with the Texas Register, initiating the public comment period. The public comment period on the proposal began July 31, 2020, and ended August 31, 2020. The August 31, 2020 end date reflects a correction to allow the SBOE to consider this proposal for second reading and final adoption at its September 1-2, 2020 meeting. No comments had been received at the time this item was prepared. A summary of any public comments received regarding the proposal will be provided to the SBOE prior to and during the September 2020 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in September 2020 in accordance with the SBOE board operating policies and procedures.
MOTION TO BE CONSIDERED: The State Board of Education:
Suspend the board operating procedures in accordance with §2.13 to allow consideration for second reading and final adoption;
Approve for second reading and final adoption the 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
Make an affirmative finding that immediate adoption of 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, is necessary and shall have an effective date of 20 days after filing as adopted with the Texas Register. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support
Attachment:
Text of 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