August 30, 2023 Committee of the Full Board Item 3

Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter B, High School, and Subchapter F, Business, Marketing, and Finance
(First Reading and Filing Authorization)

September 1, 2023

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 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter B, High School, §127.19, Project-Based Research (One Credit), Adopted 2023; §127.20, Career Preparation I (Two Credits), Adopted 2023; §127.21, Career Preparation II (Two Credits), Adopted 2023; and §127.22, Extended Career Preparation (One Credit), Adopted 2023; and Subchapter F, Business, Marketing, and Finance, §127.275, Entrepreneurship I (One Credit), Adopted 2023; §127.276, Entrepreneurship II (One Credit), Adopted 2023; §127.277, Practicum in Entrepreneurship (One Credit), Adopted 2023; and §127.278, Extended Practicum in Entrepreneurship (One Credit), Adopted 2023. The proposal would update the Texas Essential Knowledge and Skills (TEKS) to ensure the content of the courses remains current and would add TEKS for two new courses in entrepreneurship to support relevant and meaningful programs of study.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a) and (c), 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 identify by rule 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(a), requires the SBOE to determine by rule 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 section 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 2024-2025 school year. The earlier effective date will enable districts to begin preparing for implementation of the revised career preparation and entrepreneurship TEKS.

PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for career development in 2015 for implementation in the 2017-2018 school year. At the June 2023 SBOE meeting, the board conducted a public hearing on proposed changes to the career preparation and entrepreneurship TEKS. Also at the June 2023 meeting, the board discussed proposed new 19 TAC §§127.19-127.22 and 127.275-127.278 and provided feedback to work group members.

BACKGROUND INFORMATION AND JUSTIFICATION: In accordance with statutory requirements that the SBOE identify by rule 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.

At the November 2022 meeting, the SBOE approved a timeline for the review of career and technical education (CTE) courses for 2022-2025. Also at the meeting, the SBOE approved a specific process to be used in the review and revision of the CTE TEKS. The CTE-specific process largely follows the process for TEKS review for other subject areas but was adjusted to account for differences specific to CTE. The 2022-2025 CTE cycle identifies two reviews, beginning with the winter 2023 review of a small group of courses in career preparation and entrepreneurship. An abbreviated version of the new CTE TEKS review process was used for the winter 2023 review. The second review in the 2022-2025 CTE TEKS review cycle is scheduled to begin in summer 2023. The complete CTE TEKS review process will be used for the summer 2023 CTE TEKS review.

Applications to serve on the winter 2023 CTE TEKS review work groups were collected by the Texas Education Agency (TEA) from November 2022 through January 2023. TEA staff provided SBOE members with batches of applications for approval to serve on a CTE work group in November 2022 and in January 2023. Work groups were convened to develop recommendations for the CTE courses in February, March, April, and July 2023. The proposed new CTE TEKS would ensure the standards for the career preparation and entrepreneurship courses included in the winter 2023 CTE TEKS review are up to date.

A public hearing on proposed new 19 TAC §§127.19-127.22 and 127.275-127.278 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 (2023-2027), there are fiscal implications to the state. For fiscal year 2023, the estimated cost to TEA to reimburse committee members for travel to review and revise the CTE TEKS is $100,000. There will be implications for TEA if the state develops professional development to help teachers and administrators understand the revised TEKS.

There may be fiscal implications for school districts and charter schools to implement the proposed new 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 proposing new CTE TEKS required to be taught by school districts and charter schools offering the courses.

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 proposal would better align the TEKS and add additional course options to students to support relevant and meaningful programs of study. 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 or 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 6, 2023, and ends at 5:00 p.m. on November 10, 2023. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in November 2023 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 6, 2023.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization proposed new 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter B, High School, §127.19, Project-Based Research (One Credit), Adopted 2023; §127.20, Career Preparation I (Two Credits), Adopted 2023; §127.21, Career Preparation II (Two Credits), Adopted 2023; and §127.22, Extended Career Preparation (One Credit), Adopted 2023; and Subchapter F, Business, Marketing, and Finance, §127.275, Entrepreneurship I (One Credit), Adopted 2023; §127.276, Entrepreneurship II (One Credit), Adopted 2023; §127.277, Practicum in Entrepreneurship (One Credit), Adopted 2023; and §127.278, Extended Practicum in Entrepreneurship (One Credit), Adopted 2023.

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

Separate Exhibit:
Text of Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter B, High School, §127.19, Project-Based Research (One Credit), Adopted 2023; §127.20, Career Preparation I (Two Credits), Adopted 2023; §127.21, Career Preparation II (Two Credits), Adopted 2023; and §127.22, Extended Career Preparation (One Credit), Adopted 2023; and Subchapter F, Business, Marketing, and Finance, §127.275, Entrepreneurship I (One Credit), Adopted 2023; §127.276, Entrepreneurship II (One Credit), Adopted 2023; §127.277, Practicum in Entrepreneurship (One Credit), Adopted 2023; and §127.278, Extended Practicum in Entrepreneurship (One Credit), Adopted 2023
(to be provided in advance of the August-September 2023 SBOE meeting)