June 2024 Committee on Instruction Item 8

Proposed Amendments 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter J, Hospitality and Tourism, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources, Subchapter D, Business Management and Administration, and Subchapter P, Transportation, Distribution, and Logistics
(First Reading and Filing Authorization)

June 28, 2024

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT

SUMMARY: This item presents for first reading and filing authorization proposed amendments to 19 Texas Administrative Code (TAC) Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter J, Hospitality and Tourism, §127.482, Food Science (One Credit), Adopted 2021; and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education; Subchapter A, Agriculture, Food, and Natural Resources, §130.30, Agricultural Laboratory and Field Experience (One Credit), Adopted 2015; Subchapter D, Business Management and Administration, §130.136, Business Information Management I (One Credit), Adopted 2015; §130.137, Business Information Management II (One Credit), Adopted 2015; §130.138, Business Lab (One Credit), Adopted 2015; §130.143, Practicum in Business Management (Two Credits), Adopted 2015; §130.144, Extended Practicum in Business Management (One Credit), Adopted 2015; and Subchapter P, Transportation, Distribution, and Logistics, §130.445, Small Engine Technology I (One Credit), Adopted 2015, and §130.446, Small Engine Technology II (Two Credits), Adopted 2015. The proposed amendments would make technical adjustments to course titles, prerequisites, and corequisites to align with the recently revised career and technical education (CTE) programs of study.

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

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.

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 amendments 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 2025-2026 school year. The earlier effective date will allow for technical adjustments to be made to course titles, prerequisites, and corequisites at the earliest possible date to avoid confusion and ensure students have access to appropriate corequisite courses.

PREVIOUS BOARD ACTION: The SBOE adopted §§130.30, 130.136-130.138, 130.143, 130.144, 130.445, and 130.446 to be effective August 28, 2017. The SBOE adopted §127.482 to be effective April 26, 2022.

BACKGROUND INFORMATION AND JUSTIFICATION: The federal Strengthening Career and Technical Education for the 21st Century Act, commonly referred to as Perkins V, requires states that receive federal CTE funds to align CTE programs of study to high-wage, in-demand, and high-skill occupations. In fall 2023, the Texas Education Agency (TEA) engaged members of the workforce, secondary education, and higher education to advise on the development and refresh of programs of study, which include coherent course sequences, industry-based certifications, and work-based learning opportunities to ensure students are prepared for high-wage, in-demand, and high-skill careers in Texas.

The proposed amendments would align existing CTE course titles and language related to prerequisites and corequisites to ensure alignment with the refreshed programs of study.

The proposed amendments were 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 first reading and filing authorization consideration at this meeting. It is recommended that the SBOE amend the Texas Essential Knowledge and Skills to ensure alignment with the refreshed programs of study and eliminate confusion.

FISCAL IMPACT: TEA has determined that there are no additional costs to state or local government, including school districts and open-enrollment charter schools, 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 expand and limit existing regulations by adjusting the options for prerequisites and corequisites for some 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 create a new regulation; would not 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 existing course titles and language related to prerequisites and corequisites with the refreshed CTE programs of study. It would also ensure students have access to appropriate corequisite courses, update titles to be accurate and consistent with courses in other programs of study, and eliminate confusion. 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 August 2, 2024, and ends at 5:00 p.m. on September 3, 2024. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in September 2024 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 August 2, 2024.

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 proposed amendments to 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter J, Hospitality and Tourism, §127.482; and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education; Subchapter A, Agriculture, Food, and Natural Resources, §130.30; Subchapter D, Business Management and Administration, §§130.136-130.138, 130.143, and130.144; and Subchapter P, Transportation, Distribution, and Logistics, §130.445 and §130.446.

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

Attachment:
Text of Proposed Amendments to 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter J, Hospitality and Tourism, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources, Subchapter D, Business Management and Administration, and Subchapter P, Transportation, Distribution, and Logistics