September 9, 2020 Committee of the Full Board Item 5

Proposed New 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.11-115.17, Subchapter B, Middle School, §§115.25-115.28, and Subchapter C, High School, §§115.37-115.39
(First Reading and Filing Authorization)

September 11, 2020

COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: This item presents for first reading and filing authorization proposed new 19 Texas Administrative Code (TAC) Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.11-115.17, Subchapter B, Middle School, §§115.25-115.28, and Subchapter C, High School, §§115.37-115.39. The proposed new sections would update the standards to reflect current health education research and best practices and align with changes to requirements in statute.

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

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

TEC, §28.002(a), identifies the subjects of the required curriculum.

TEC, §28.002(c), 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, §28.002(r), requires the SBOE to by rule adopt essential knowledge and skills for the health curriculum that address substance abuse.

TEC, §28.002(s), requires the SBOE to by rule adopt essential knowledge and skills for the health curriculum that address bullying.

TEC, §28.025(a), 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 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 sections 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 will enable districts to begin preparing for implementation of the revised TEKS.

PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for health education effective September 1, 1998. On August 26, 2013, and August 28, 2017, the SBOE adopted revisions to the TEKS for Chapter 115, Subchapter B. Additionally, on August 28, 2017, the SBOE adopted revisions to the TEKS for Chapter 115, Subchapter C. A discussion item was presented to the Committee of the Full Board at the June-July 2020 SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: In accordance with statutory requirements that the SBOE by rule identify the essential knowledge and skills of each subject in the required curriculum, the SBOE follows a board-approved cycle to review and revise the essential knowledge and skills for each subject.

In preparation for the review and revision of the Texas Essential Knowledge and Skills (TEKS) for health education, the board in September 2017 requested that the commissioner of education convene a group of experts to develop a study to provide guidance for the development of revised health education TEKS. At that time, the SBOE also approved parameters for the recommendations of the commissioner's committee to include a framework for what the strands should be for Kindergarten-Grade 12, distinctions regarding grade levels and/or grade bands at which health concepts are most appropriately taught, and a summary of all statutory requirements related to health education and suggestions regarding the most appropriate way to integrate those requirements into the framework. In 2018, Texas Education Agency (TEA) convened a group of experts to develop recommendations to address the SBOE's charge related to the health education TEKS. This health education advisory committee drafted a response to the SBOE's charge, and the response was submitted to the commissioner. Based on the response, the commissioner provided recommendations to the SBOE at the June 2019 meeting.

The review of the health education TEKS is taking place concurrently with the review of the physical education TEKS. In March 2019, applications to serve on the health education TEKS review work groups were posted on the TEA website. At the April 2019 meeting, SBOE members were asked to designate content advisors for the health education TEKS review. In May 2019, TEA distributed a survey to collect information from educators regarding the review and revision of the health education TEKS. TEA staff provided applications for the health education review work groups to SBOE members on a monthly basis from June 2019 to March 2020.

In August 2019, content advisors met in a face-to-face meeting to develop consensus recommendations regarding revisions to the health education TEKS to share with future work groups. At that time, the content advisors met with representatives from Work Group A to discuss the consensus recommendations. Work Group A convened in September 2019 to review survey results and recommend specific topics that should be included in the proposed framework. The work group was also charged with identifying where student expectations from the current TEKS would fit into the proposed framework. The work group completed recommendations for Kindergarten only. Work Group B was convened in October 2019 and was charged with identifying where student expectations would fit into the proposed framework for all other grade levels and identifying the grade levels where topics developed by Work Group A should be taught. Work Group C was convened in December 2019 and again in early February 2020 to draft recommendations for student expectations in three of the six strands in the proposed framework. Work Group D was convened at the end of February 2020 to draft recommendations for the remaining strands in the proposed framework. Work Group E was convened in March 2020 to review the vertical alignment of the strands across all grade levels and to ensure horizontal alignment with the physical education TEKS. In May 2020, content advisors were sent the draft recommendations for review and met virtually to develop consensus recommendations to be provided to the SBOE. At the June-July 2020 SBOE meeting, the board asked TEA to convene another work group to address specific guidance provided by board members. TEA convened Work Group F virtually in July 2020 to develop final recommendations for revisions to the health education TEKS.

The proposed new sections would supersede the existing health education TEKS for elementary, middle school, and high school in §§115.1-115.7, 115.21-115.23, and 115.31-115.33. The proposal recommends an implementation date of the 2022-2023 school year.

The text of proposed new §§115.11-115.17, 115.25-115.28, and 115.37-115.39 for consideration by the SBOE for first reading and filing authorization will be provided as a separate exhibit at the September 2020 meeting.

A public hearing on the proposed new sections is presented as a separate item in this agenda.

FISCAL IMPACT: TEA has determined that for the first five years the proposal is in effect (2021-2025), there are no fiscal implications to the state. However, in fiscal years 2019 and 2020, there was a fiscal impact to TEA to reimburse committee members for travel to review the health education TEKS. For fiscal years 2019 and 2020, the combined estimated cost to TEA was $69,428. There will also be implications for the TEA if the state develops professional development to help teachers and administrators understand the revised TEKS. Any professional development that is created would be based on whether the TEA received an appropriation for professional development in the next biennium.

There may be fiscal implications for school districts and charter schools to implement the proposed revisions to the TEKS, which may include the need for professional development and revisions to district-developed databases, curriculum, and scope and sequence documents. Since curriculum and instruction decisions are made at the local district level, it is difficult to estimate the fiscal impact on any given district.

LOCAL EMPLOYMENT IMPACT: 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: 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: 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: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create new regulations by revising the health education TEKS required to be offered by school districts and charter schools.

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 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: The proposed new sections would better align the TEKS and coordinate the standards with the adoption of instructional materials. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: 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: The public comment period on the proposal begins October 9, 2020, and ends November 13, 2020. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in November 2020 in accordance with the SBOE board operating policies and procedures. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on October 9, 2020.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization proposed new 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.11-115.17, Subchapter B, Middle School, §§115.25-115.28, and Subchapter C, High School, §§115.37-115.39.

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

Separate Exhibit:
Text of Proposed New 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.11-115.17, Subchapter B, Middle School, §§115.25-115.28, and Subchapter C, High School, §§115.37-115.39
(to be provided at the September 2020 SBOE meeting)