January 2025 Committee on Instruction Item 2
Proposed Repeal of 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, and Proposed Revisions to 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education
(First Reading and Filing Authorization)
January 31, 2025
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization proposed repeal of 19 Texas Administrative Code (TAC) Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, and Proposed Revisions to 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education. The proposed rule actions would repeal career and technical education (CTE) Texas Essential Knowledge and Skills (TEKS) in 19 TAC Chapter 130 and would move the TEKS to 19 TAC Chapter 127 in order to ensure that all CTE TEKS are in the same chapter in administrative rule. The proposed rule action would also move some existing courses within 19 TAC Chapter 127 in order to avoid confusion and make the TEKS easier to locate.
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 repeal and revisions is August 1, 2025.
PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for CTE effective September 1, 1998. The SBOE approved revisions to the CTE TEKS in Chapter 127 and new Chapter 130, Subchapters A-P, effective August 23, 2010. In 2015, the CTE TEKS were amended effective August 28, 2017. In 2018, the SBOE adopted revisions to 19 TAC Chapter 130, Subchapters B, H, M, and O, effective March 27, 2018. In 2020, the SBOE approved revisions to the CTE TEKS in 19 TAC Chapter 130, Subchapters A, C, K, O, and Q, effective August 1, 2020.
At the November 2021 meeting, the board approved new CTE TEKS in 19 TAC Chapter 127, Subchapters G, I, J, M, and O, effective April 26, 2022. At the January 2022 SBOE meeting, the board approved the repeal of CTE TEKS in 19 TAC Chapter 130, Subchapters E, G, H, I, L, and O, and new CTE TEKS in 19 TAC Chapter 127, Subchapters G, I, J, M, and O, effective April 7, 2022. The board approved new CTE TEKS in 19 TAC Chapter 127, Subchapters G and O, at the April 2022 meeting, effective June 14, 2022. At the June 2022 meeting, the board approved the repeal of CTE TEKS in 19 TAC Chapter 127, Subchapters G, I, and O, and Chapter 130, Subchapter J, effective August 1, 2022, and approved new CTE TEKS in 19 TAC Chapter 127, Subchapter O, effective August 7, 2022. At the June 2023 meeting, the board approved the repeal of CTE TEKS in 19 TAC Chapter 127, Subchapters I, M, and O, effective August 1, 2023. The board approved new CTE TEKS in 19 TAC Chapter 127, Subchapters B and F, at the November 2023 meeting, effective February 13, 2024. At the April 2024 meeting, the board approved for second reading and final adoption new CTE TEKS in 19 TAC Chapter 127, Subchapters C, O, and P. The board approved the repeal of CTE TEKS in 19 TAC Chapter 127, Subchapters B, G, I, J, and O, and Chapter 130, Subchapters J and N, at the June 2024 meeting, effective August 1, 2024. At the September 2024 meeting, the board discussed the proposed repeal of remaining CTE TEKS in 19 TAC Chapter 130 and proposed revisions to 19 TAC Chapter 127 to relocate and reorganize all CTE TEKS within Chapter 127.
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.
The TEKS for courses associated with 14 CTE career clusters are codified by subchapter in 19 TAC Chapters 127 and 130. In December 2020, the SBOE began initial steps to prepare for the review and revision of CTE courses in programs of study for the education and training; health science; and science, technology, engineering, and mathematics career clusters. Two additional courses eligible to satisfy a graduation requirement in science were also part of the review. The board approved for second reading and final adoption new TEKS for these courses in November 2021 and January, April, and June 2022.
At the November 2023 SBOE meeting, the board approved new CTE TEKS in Chapter 127 for courses in career preparation and entrepreneurship, which became effective February 13, 2024, and were implemented beginning in the 2024-2025 school year. At the April 2024 meeting, the board approved new CTE TEKS in Chapter 127 for courses in agribusiness, animal science, plant science, aviation maintenance, and engineering that will be implemented beginning in the 2025-2026 school year.
Due to the current structure of Chapter 130, there are not enough sections to add new CTE courses under consideration in their assigned subchapters. To accommodate the addition of new and future courses, the board began the process of moving the CTE TEKS from Chapter 130 to Chapter 127 in order to keep all the TEKS together in administrative rule and avoid confusion. In addition, current subchapters in Chapter 127 need to be reorganized and will be assigned new subchapters within the same chapter. The related implementation sections will be repealed and will not be re-proposed. Instead, implementation information will be added to each individual course. No other changes are being proposed to the existing CTE courses as part of the move to Chapter 127.
The attachment to this item provides a crosswalk between the current TEKS in Chapters 127 and 130 that would be repealed and the new location of those TEKS in Chapter 127. The text of sections in Chapters 127 and 130 that will be repealed and moved to Chapter 127 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-127 and https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-code/19-tac-chapter-130.
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 repeal existing regulations and create new regulations by transferring existing CTE TEKS from Chapters 127 and 130 to new locations in Chapter 127.
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 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 improve access to and organization of the CTE TEKS and avoid confusion regarding the revised TEKS. 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 February 28, 2025, and ends at 5:00 p.m. on March 31, 2025. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in April 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 February 28, 2025.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for first reading and filing authorization proposed repeal of 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, and proposed revisions to 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education.
Staff Member Responsible:
Monica Martinez, Associate Commissioner, Standards and Programs
Attachment:
Crosswalk of Current Section Numbers of CTE TEKS in 19 TAC Chapter 130 and New Section Numbers in Chapter 127 Relating to Proposed Repeal of 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, and Proposed Revisions to 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education