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Jan-Feb 2019 Committee on Instruction Item 3

Proposed New 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, Adopted 2013, §117.327, International Baccalaureate (IB) Film Standard Level (SL) (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (HL) (Two Credits)

(Second Reading and Final Adoption)

February 1, 2019 

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION  

SUMMARY: This item presents for second reading and final adoption proposed new 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, Adopted 2013, §117.327, International Baccalaureate (IB) Film Standard Level (SL) (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (HL) (Two Credits). The proposal would add two IB courses to the Texas Essential Knowledge and Skills (TEKS) for fine arts to align with current course offerings by the International Baccalaureate Organization. No changes are recommended since approved for first reading.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.

TEC, §28.002, identifies the subjects of the required curriculum and requires the SBOE to by rule 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 to by rule determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under the TEC, §28.002.  

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 new rules is August 1, 2019.

PREVIOUS BOARD ACTION: The SBOE adopted the Texas Essential Knowledge and Skills (TEKS) for fine arts effective September 1, 1998. Amendments to the fine arts TEKS were last adopted effective July 28, 2013.

The SBOE approved revisions to IB courses in 19 TAC Chapters 110, 111, 112, and 114 for second reading and final adoption at the January-February 2018 meeting. The SBOE approved revisions to Advanced Placement (AP) and IB courses in 19 TAC Chapters 112, 113, 118, and 126 for second reading and final adoption at the April 2018 meeting. The board aligned the rules with additional course offerings by the International Baccalaureate Organization and updated the amount of credit available for IB and AP courses. At the November 2018 meeting, the SBOE approved proposed new 19 TAC §117.327 and §117.328 for first reading and filing authorization.

BACKGROUND INFORMATION AND JUSTIFICATION: In order for students to earn state credit toward specific graduation requirements, a course must be approved by the SBOE and included in administrative rule. At the September 2017 SBOE meeting, the committee discussed IB courses that are not currently included in SBOE rule and considerations regarding the appropriate amount of state credit that should be awarded for IB courses. At that time, the board requested that agency staff prepare rule text to address these issues and requested that staff balance the chapters that would be updated over two different meetings. At the January-February 2018 meeting, the SBOE approved proposed revisions to English language arts and reading, mathematics, science, and languages other than English IB courses for second reading and final adoption. The SBOE's approval included the addition of eight IB courses to SBOE rules and updates that increased the amount of credit available for 17 IB courses currently in rule. The revisions became effective August 27, 2018.

At the April 2018 meeting, the SBOE approved for second reading and final adoption proposed revisions to align the TEKS in science, social studies, economics, and technology applications with additional IB course offerings and update the amount of credit available for both IB and AP courses in these subject areas. The SBOE's approval included the addition of nine IB courses to SBOE rules and updates to the amount of credit available for seven AP and IB courses currently in rule. The revisions became effective August 27, 2018.

In spring 2015, IB Film Standard Level and IB Film Higher Level were approved as innovative courses by the commissioner of education for use beginning with the 2016-2017 school year. School districts and open-enrollment charter schools may offer any state-approved innovative course for elective credit with the approval of the local board of trustees.

The SBOE held a discussion regarding the addition of IB film courses to the fine arts TEKS at the September 2018 meeting. At that time, the SBOE instructed staff to prepare proposed rules to add these two courses to the fine arts TEKS. The SBOE also directed staff to draft proposed amendments to Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, showing options to allow these two courses to satisfy the fine arts graduation requirement and to satisfy requirements for a coherent sequence of four credits from one or two categories or disciplines in fine arts from Chapter 117 under an arts and humanities endorsement. The board approved for first reading and filing authorization proposed new 19 TAC §117.327 and §117.328 at the November 2018 meeting.

The attachment to this item reflects the text of proposed new §117.327, International Baccalaureate (IB) Film Standard Level (SL) (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (HL) (Two Credits). The new courses would be effective beginning with the 2019-2020 school year. No changes are recommended since approved for first reading.

Proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements, appear as a separate item in this agenda.

FISCAL IMPACT: No changes have been made to this section since published as proposed. 

The Texas Education Agency (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: 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 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 expand, limit, or 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.

Benefits include the availability of additional TEKS-based IB courses to allow students more flexibility in meeting state requirements for graduation and endorsements. 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 data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: 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 November 2018 SBOE meeting, notice of proposed new
19 TAC Chapter 117, Subchapter C, was filed with the Texas Register, initiating the public comment period. No comments had been received at the time this item was prepared. A summary of public comments received will be provided to the SBOE prior to and during the January-February 2019 meeting.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for second reading and final adoption proposed new 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, Adopted 2013, §117.327, International Baccalaureate (IB) Film Standard Level (SL) (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (HL) (Two Credits), with an effective date of August 26, 2019.

Staff Members Responsible:
 Monica Martinez, Associate Commissioner, Standards and Support Services
 Shelly Ramos, Senior Director, Curriculum Standards and Student Support

Attachment:         
Text of Proposed New 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, Adopted 2013, §117.327, International Baccalaureate (IB) Film Standard Level (SL) (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (HL) (Two Credits)