November 2021 Committee on Instruction Item 1
Proposed Repeal of 19 TAC Chapter 74, Curriculum Requirements, Subchapter D, Graduation Requirements, Beginning with School Year 2001-2002, and Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005
(First Reading and Filing Authorization)
November 19, 2021
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter D, Graduation Requirements, Beginning with School Year 2001-2002, and Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005. The proposed repeals would remove high school graduation requirements that are outdated and no longer necessary.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(4) and §28.025.
TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.
TEC, §28.025, requires the SBOE to determine by rule the curriculum requirements 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 repeals 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 2022-2023 school year. The earlier effective date will remove obsolete rules as soon as possible.
PREVIOUS BOARD ACTION: The SBOE adopted rules in Chapter 74, Subchapter D, effective September 1, 2001, and last amended the rules in 2006. The SBOE adopted rules in Chapter 74, Subchapter E, effective December 7, 2003, and last amended the rules in 2010.
BACKGROUND INFORMATION AND JUSTIFICATION: The rules in Chapter 74, Subchapter D, outline the graduation requirements for students who entered Grade 9 in the 2001-2002, 2002-2003, or 2003-2004 school years. Graduation requirements outlined in Chapter 74, Subchapter E, apply to students who entered Grade 9 in the 2004-2005, 2005-2006, or 2006-2007 school years. This item provides the opportunity for the board to repeal these rules as they are no longer needed.
The text of the proposed repeal of Chapter 74, Subchapters D and E, is not included as an attachment to this item due to the volume of rules; however, the rules are viewable on the Texas Education Agency (TEA) website at https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-code/19-tac-chapter-74.
The proposed repeal was not presented as a discussion item. The SBOE, however, may wish to consider this item for first reading and filing authorization as authorized under its operating procedures. Therefore, this item is presented for consideration for first reading and filing authorization at this meeting. It is recommended the SBOE consider this item for first reading and filing authorization to ensure that obsolete graduation requirements are removed as soon as possible.
FISCAL IMPACT: TEA has determined that there are no additional costs to state or local government required to comply with the proposal.
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 repeal existing graduation requirements by removing Chapter 74, Subchapters D and E, since the rules are out of date and no longer necessary.
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 or limit 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 proposal would remove rules that are out of date and no longer necessary. 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 December 17, 2021, and ends at 5:00 p.m. on January 21, 2022. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in January 2022 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 December 17, 2021.
MOTION TO BE CONSIDERED: The State Board of Education:
Suspend the board operating procedures in accordance with §5.2(a) to allow consideration at first reading and filing authorization; and
Approve for first reading and filing authorization the proposed repeal of 19 TAC Chapter 74, Curriculum Requirements, Subchapter D, Graduation Requirements, Beginning with School Year 2001-2002, and Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005.
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support