November 2016 Committee on Instruction Item 2
Consideration of Petition for Adoption of Rule Concerning 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II
(Two Credits), Adopted 2015
November 18, 2016
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: A petition to amend 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015, has been received from Ms. Renda Songer. The petition requests that the rules be changed to modify the amount of credit awarded for the Cosmetology I and II courses that are scheduled to be implemented in the 2017-2018 school year with the revisions to the career and technical education (CTE) Texas Essential Knowledge and Skills (TEKS). This item provides the opportunity for the State Board of Education (SBOE) to consider the petition.
STATUTORY AUTHORITY: Texas Government Code, §2001.021; 19 TAC §30.1; and Texas Education Code (TEC), §28.002 and §28.025.
Texas Government Code, §2001.021, permits an interested person to request that a state agency adopt a rule change. It also requires a state agency to either deny the petition in writing or initiate rulemaking proceedings.
19 TAC §30.1 allows any interested person to petition the SBOE for the adoption, amendment, or repeal of an SBOE rule and establishes the procedures for the review of a petition for a rule change.
TEC, §28.002, identifies the subjects of the required curriculum and requires the SBOE by rule to identify the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments. TEC, §28.025, requires the SBOE by rule to determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under the TEC, §28.002.
EFFECTIVE DATE: None.
PREVIOUS BOARD ACTION: The SBOE initially adopted the TEKS for Cosmetology I and II effective September 1, 1998. The CTE TEKS were revised by the SBOE in July 2009 effective August 23, 2010. The SBOE adopted new 19 TAC §130.283 and §130.284, in April 2015 with a future effective date of August 28, 2017.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The current TEKS for Cosmetology I and II allow for a range of two to three credits each. With the revision of the CTE TEKS in 2015, the SBOE took steps to eliminate credit ranges and to instead identify a specific amount of credit to be awarded for each course. In their final recommendations, however, the TEKS review committee for cosmetology recommended to the SBOE that Cosmetology I and II be available for two to three credits each. At the April 2015 meeting, the SBOE amended the proposal to award two credits each for the courses.
Ms. Renda Songer has submitted to the SBOE a petition requesting a rule change to adjust the amount of credit to be awarded for Cosmetology I and II to three credits each. The petition, which provides the petitioner's rationale and justification, is presented in Attachment III of this item.
Texas Education Agency staff recommends that the SBOE deny the petition based on the fact that the rules in question cannot be revised until they become effective on August 28, 2017.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: None.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Deny the petition for adoption of a rule concerning 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015, because the TEKS for cosmetology cannot be revised until they become effective on August 28, 2017.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services
Shelly Ramos, Senior Director
Curriculum Standards and Student Support
Attachments:
I. Statutory Citations (PDF, 31KB)
II. Text of 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015 (PDF, 44KB)
III. Petitions for Adoption of Rule Concerning 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015 (PDF, 289KB)