Committee on Instruction Item 1
Procedural Action Related to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27(a)(9), Innovative Courses and Programs
(Second Reading and Final Adoption)
September 13, 2024
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: In order to correct an error made by the Texas Education Agency (TEA), this item presents for second reading and final adoption a proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27(a)(9), Innovative Courses and Programs. This action would authorize TEA to re-file the proposal adopted by the State Board of Education (SBOE) in November 2023 and correct the criteria for innovative courses to be considered for sunset to align with the language approved by the SBOE. No changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §28.002(f).
TEC, §28.002(f), authorizes local school districts to offer courses in addition to those in the required curriculum for local credit and requires the SBOE to be flexible in approving a course for credit for high school graduation.
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 amendment 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 would correct an error prior to the 2025-2026 school year.
PREVIOUS BOARD ACTION: The SBOE adopted §74.27 effective September 1, 1996, with amendments effective September 1, 1998; September 1, 2001; December 25, 2007; December 25, 2019; and February 26, 2023. A discussion item on §74.27 was presented to the Committee on Instruction at the June 2023 SBOE meeting. In September 2023, the SBOE approved for first reading and filing authorization the proposed amendment to §74.27. At the November 2023 SBOE meeting, the board approved the proposed amendment for second reading and final adoption.
At the June 2024 SBOE meeting, the board approved for first reading and filing authorization an amendment to correct an error in §74.27(a)(9).
BACKGROUND INFORMATION AND JUSTIFICATION: After the SBOE adopted new rules concerning graduation requirements, the previously approved experimental courses were phased out as of August 31, 1998. Following the adoption of the Texas Essential Knowledge and Skills (TEKS), school districts now submit requests for innovative course approval for courses that do not have TEKS. The process outlined in §74.27 provides authority for the SBOE to approve innovative courses. Each year, TEA provides the opportunity for school districts and other entities to submit applications for proposed innovative courses. TEA staff works with applicants to fine tune their applications, which are then submitted to the Committee on Instruction for consideration.
At the June 2023 meeting, the Committee on Instruction discussed an amendment to §74.27 to add a provision for the sunset of innovative courses that meet certain criteria. The board approved for first reading and filing authorization the proposed amendment to §74.27 at its August-September 2023 meeting. At the November 2023 SBOE meeting, the board approved for second reading and final adoption the proposed amendment to §74.27, which included as a criterion for consideration for sunset a provision that a course must have been approved for at least three years and meet at least one additional criterion. When TEA staff filed the rule as adopted with the Texas Register, the filing did not include the provision that a course must have been approved for at least three years and meet at least one additional criterion to be considered for sunset. The amendment became effective February 18, 2024.
In June 2024, the SBOE approved the proposed amendment to §74.27(a)(9) for first reading and filing authorization.
In order to correct the error made by TEA, this item presents for second reading and final adoption a proposed amendment to §74.27(a)(9). This action would authorize TEA to re-file the proposal adopted by the SBOE in November 2023 and correct the criteria for innovative courses to be considered for sunset to align with the language approved by the SBOE.
FISCAL IMPACT: No changes have been made to this section since published as proposed.
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: No changes have been made to this section since published as proposed.
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: No changes have been made to this section since published as proposed.
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: No changes have been made to this section since published as proposed.
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: No changes have been made to this section since published as proposed.
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: No changes have been made to this section since published as proposed.
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 limit an existing regulation by limiting the scope of innovative courses considered by criteria listed in §74.27(a)(9) to those that have been approved for at least three years.
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, 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: No changes have been made to this section since published as proposed.
The proposal would correct the criteria for innovative courses to be considered for sunset to align with the language approved by the SBOE to avoid confusion. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed.
The proposal would have no data or reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed.
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: Following the June 2024 SBOE meeting, notice of the proposed amendment to §74.27(a)(9) was filed with the Texas Register, initiating the public comment period. The public comment period began August 2, 2024, and ended at 5:00 p.m. on September 3, 2024. No comments had been received at the time this item was prepared. A summary of public comments received will be provided to the SBOE prior to and during the September 2024 meeting. 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.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for second reading and final authorization the proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27(a)(9), Innovative Courses and Programs; and
Make an affirmative finding that immediate adoption of the proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27(a)(9), Innovative Courses and Programs, is necessary and shall have an effective date of 20 days after filing with the Texas Register. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)
Staff Member Responsible:
Monica Martinez, Associate Commissioner, Standards and Programs
Attachment:
Text of Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27(a)(9), Innovative Courses and Programs