January 2025 Committee on Instruction Item 3
Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements
(First Reading and Filing Authorization)
January 31, 2025
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 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements. The proposed amendments would reflect changes to a career and technical education (CTE) course to align with recently adopted CTE TEKS.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(4) and §28.025(a), (b-2)(2), and (c-1).
TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.
TEC, §28.025(a), requires the SBOE to determine by rule the curriculum requirements for the foundation high school program that are consistent with the required curriculum and requires the SBOE to designate specific courses that are required for the foundation high school program.
TEC, §28.025(b-2)(2), requires the SBOE to allow a student by rule to comply with the curriculum requirements for the third and fourth mathematics credits under TEC, §28.025(b-1)(2), or the third and fourth science credits under TEC, §28.025(b-1)(3), by successfully completing a CTE course designated by the SBOE as containing substantially similar and rigorous content.
TEC, §28.025(c-1), requires the SBOE to adopt rules regarding earning an endorsement.
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 August 1, 2025.
PREVIOUS BOARD ACTION: The SBOE adopted rules in Chapter 74, Subchapter B, to implement the Foundation High School Program effective July 8, 2014. The SBOE adopted amendments to §74.12 effective August 22, 2016; August 28, 2017; August 27, 2018; August 1, 2019; August 1, 2020; August 1, 2022, and August 1, 2024. The SBOE adopted amendments to §74.13 effective August 22, 2016; August 28, 2017; August 27, 2018; August 1, 2019; August 1, 2020; August 1, 2022; and August 1, 2024.
BACKGROUND INFORMATION AND JUSTIFICATION: At the April 2024 SBOE meeting, the SBOE approved for second reading and final adoption Texas Essential Knowledge and Skills (TEKS) for a set of CTE courses in agriculture; aviation maintenance; and science, technology, engineering, and mathematics (STEM) with an effective date of August 1, 2025. The proposed amendments would update the list of courses that can satisfy a science graduation requirement to reflect a CTE course that was retitled Physics for Engineering (formerly titled Principles of Technology) as a result of the 2024 CTE TEKS review. The board will also have the opportunity to consider whether Physics for Engineering should satisfy the physics requirement for graduation, which will determine whether a student may earn credit for both courses.
The attachment to this item reflects the text of proposed amendments to §74.12 and §74.13 for consideration by the SBOE for first reading and filing authorization.
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 consider this item for first reading and filing authorization to ensure that the amendments to §74.12 and §74.13 can be implemented beginning with the 2025-2026 school year to avoid 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 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: The proposal would clarify the rules by updating out-of-date language. 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 and 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:
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 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements.
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Programs
Jessica Snyder, Senior Director, Curriculum Standards and Student Support
Attachment:
Text of Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements