November 20, 2024 Committee of the Full Board Item 8

Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter C, Agriculture, Food, and Natural Resources, §127.59 and §127.61; Subchapter F, Business, Marketing, and Finance, §127.262 and §127.263; Subchapter J, Health Science, §127.510 and §127.511; Subchapter K, Hospitality and Tourism, §§127.569, 127.571, and 127.604; Subchapter M, Information Technology, §§127.689-127.691 and 127.694-127.699; and Subchapter N, Law and Public Service, §127.773
(First Reading and Filing Authorization)

November 22, 2024

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 C, Agriculture, Food, and Natural Resources, §127.59 and §127.61; Subchapter F, Business, Marketing, and Finance, §127.262 and §127.263; Subchapter J, Health Science, §127.510 and §127.511; Subchapter K, Hospitality and Tourism, §§127.569, 127.571, and 127.604; Subchapter M, Information Technology, §§127.689-127.691 and 127.694-127.699; and Subchapter N, Law and Public Service, §127.773. The proposed new sections would add Texas Essential Knowledge and Skills (TEKS) for state-approved innovative courses in the following career and technical education (CTE) career clusters: agriculture, food, and natural resources; business, marketing, and finance; health science; hospitality and tourism; information technology; and law and public service.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), (n), and (o); and 28.025(a) and (b-17).

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, §28.002(n), permits the SBOE by rule to develop and implement a plan designed to incorporate foundation curriculum requirements into the CTE curriculum.

TEC, §28.002(o), requires the SBOE to determine that at least 50% of the approved CTE courses are cost effective for a school district to implement.

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.

TEC, §28.025(b-17), requires the SBOE to adopt rules to ensure that a student may comply with the curriculum requirements under TEC, §28.025(b-1)(6), by successfully completing an advanced CTE course, including a course that may lead to an industry-recognized credential or certificate or an associate degree.

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 2025-2026 school year. The earlier effective date will enable districts to begin preparing for implementation of the revised agriculture, food, and natural resources; business, marketing, and finance; health science; hospitality and tourism; information technology; and law and public service TEKS.

PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for all subjects effective September 1, 1998. The CTE TEKS were amended effective August 23, 2010. The CTE TEKS were again amended effective August 28, 2017. CTE TEKS for courses in education and training; health science; and science, technology, and mathematics (STEM) were amended effective April 26, 2022; June 14, 2022; and August 7, 2022. In November 2023, the SBOE adopted new TEKS for CTE career preparation and entrepreneurship courses to be implemented in the 2024-2025 school year. The SBOE adopted new CTE TEKS for courses in the agribusiness, animal science, plant science, and aviation maintenance programs of study as well as two STEM courses effective August 1, 2025. A discussion item regarding adding new TEKS for certain state-approved innovative courses was presented to the Committee of the Full Board during the September 2024 SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: After the board adopted new rules concerning graduation requirements, the previously approved experimental courses were phased out as of August 31, 1998. Since the adoption of the TEKS, school districts and other entities have submitted requests for approval of innovative courses that do not have TEKS and meet a demonstrated student need.

In 2023, CTE advisory committees were convened to make recommendations for the review and refresh of programs of study as required by the Texas Perkins State Plan. Finalized programs of study were published in the fall of 2023 with an implementation date beginning in the 2024-2025 school year. CTE courses to be developed or revised to complete or update programs of study were determined.

At the April 2024 meeting, the SBOE approved new TEKS for 23 courses in the agribusiness, animal science, plant science, and aviation maintenance programs of study as well as two STEM courses that may satisfy science graduation requirements: Physics for Engineers and Scientific Research and Design. Additionally, TEA staff shared an overview of upcoming interrelated needs for TEKS review and revision and instructional materials review and approval (IMRA). Staff explained upcoming needs related to development and amendment of CTE courses, made recommendations for completing the work in batches, and recommended including CTE in the next three cycles of IMRA. In 2024, the SBOE began the review of current CTE TEKS, the development of new CTE TEKS, and the review of innovative courses to be approved as TEKS for courses in the new engineering program of study. At the June 2024 meeting, the SBOE approved recommendations that TEA present certain innovative courses with minor edits for consideration for adoption as TEKS-based courses. A discussion item was presented to the Committee of the Full Board at the September 2024 SBOE meeting regarding proposed new TEKS for courses in the following CTE career clusters: agriculture, food, and natural resources; business, marketing, and finance; health science; hospitality and tourism; information technology; and law and public service.

The proposed new sections would ensure the standards for CTE programs of study remain current and support relevant and meaningful programs of study.

FISCAL IMPACT: TEA has determined that for the first five years the proposal is in effect (2025-2029), there are no additional costs to the state.

There may be fiscal implications for school districts and open-enrollment 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 open-enrollment charter schools offering the courses. The proposal would ensure the standards for agriculture, food, and natural resources; business, marketing, and finance; health science; hospitality and tourism; information technology; and law and public service remain current and support relevant and meaningful programs of study. Additionally, the proposal to change these CTE courses from state-approved innovative courses to TEKS-based courses would better align the TEKS and add additional course options for students.

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 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 December 20, 2024, and ends at 5:00 p.m. on January 21, 2025. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in January 2025 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 20, 2024.

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 C, Agriculture, Food, and Natural Resources, §127.59 and §127.61; Subchapter F, Business, Marketing, and Finance, §127.262 and §127.263; Subchapter J, Health Science, §127.510 and §127.511; Subchapter K, Hospitality and Tourism, §§127.569, 127.571, and 127.604; Subchapter M, Information Technology, §§127.689-127.691 and 127.694-127.699; and Subchapter N, Law and Public Service, §127.773.

Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Programs
Jessica Snyder, Senior Director, Standards and Programs

Separate Exhibit:
Text of Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter C, Agriculture, Food, and Natural Resources, §127.59 and §127.61; Subchapter F, Business, Marketing, and Finance, §127.262 and §127.263; Subchapter J, Health Science, §127.510 and §127.511; Subchapter K, Hospitality and Tourism, §§127.569, 127.571, and 127.604; Subchapter M, Information Technology, §§127.689-127.691 and 127.694-127.699; and Subchapter N, Law and Public Service, §127.773
(to be provided at the November 2024 SBOE meeting)