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January 29, 2025 Committee of the Full Board Item 6

Proposed New 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter B, Middle School, §§111.29-111.31
(First Reading and Filing Authorization)

January 31, 2025

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 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter B, Middle School, §§111.29-111.31. The proposal would add new Texas Essential Knowledge and Skills (TEKS) to support middle school advanced mathematics programs designed to enable students to enroll in Algebra I in Grade 8.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002(a) and (c), and 28.029.

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, §28.029, requires school districts and open-enrollment charter schools to develop an advanced mathematics program for middle school students that is designed to enable those students to enroll in Algebra I in Grade 8.

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 TEKS that support a middle school advanced mathematics program.

PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for all subjects effective September 1, 1998. The mathematics TEKS were amended effective August 1, 2006. The secondary mathematics TEKS were amended effective February 22, 2009. The mathematics TEKS were again amended effective September 12, 2012.

The board approved updates to the TEKS and instructional materials review and adoption schedule at the April 2021 meeting. At the April 2023 SBOE meeting, the board approved changes to the TEKS review process, including the addition of a process for selecting work group members. At the June 2024 SBOE meeting, the board approved moving forward with the establishment of TEKS for middle school advanced mathematics. A discussion item regarding TEKS for middle school advanced mathematics was presented to the Committee of the Full Board at the November 2024 SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: The board received training from a standards writing advisor at the July 2014 meeting. The standards writing advisor provided additional training to Texas Education Agency (TEA) staff in October 2014 to support future facilitation of the TEKS review committees.

In 2017, the SBOE significantly revised the process for the review and revision of the TEKS. At the November 2018 meeting, the SBOE approved updates to the 2017 TEKS review and revision process to better clarify the process. The updated process was used for the review of the physical education, health education, and science TEKS.

At the January 2021 meeting, the board held a work session to discuss the timeline for the TEKS review and revision process and associated activities, including updates to State Board for Educator Certification teacher assignment rules and certification exams, adoption of instructional materials, and the completion of the Texas Resource Review. The board discussed potential adjustments to the TEKS and Instructional Materials Review and Adoption Schedule. At the April 2021 meeting, the SBOE approved revisions to the TEKS and Instructional Materials Review and Adoption Schedule.

At the April 2023 SBOE meeting, the board discussed and approved changes to the TEKS review process, including approving a process for selecting work group members.

At the April 2024 meeting, TEA staff shared an overview of upcoming interrelated needs for TEKS review and revision and instructional materials review and approval (IMRA) and identified two needs related to mathematics, including options for instructional materials for accelerated learning and establishing TEKS to support middle school advanced mathematics pathways. At the June 2024 meeting, the board approved moving forward with the establishment of TEKS for middle school advanced mathematics and inclusion of advanced mathematics in a future IMRA process.

Applications to serve on the middle school advanced mathematics TEKS work group were collected by TEA in July and August 2024. TEA provided SBOE members with the applications for approval to serve on the work group in late August.

At the September 2024 SBOE meeting, the board directed the work group to present two models for middle school advanced mathematics TEKS. One model was to be based on the importance of keeping the Grade 6 TEKS similar to the current TEKS and would combine the Grades 7 and 8 TEKS into Grade 7. The SBOE gave the work group leeway to analyze models from Barbers Hill Independent School District (ISD), Tomball ISD, and other school districts to develop recommendations for the second model. Additionally, the SBOE directed the work group to recommend one of the two models for the SBOE's further consideration. Work groups convened for two face-to-face meetings to develop recommendations for the proposed TEKS for middle school advanced mathematics in October.

A public hearing was conducted and a discussion item regarding TEKS for middle school advanced mathematics was presented to the Committee of the Full Board at the November 2024 SBOE meeting. At that time, the SBOE selected the second model as the plan for the middle school advanced mathematics programs. The work group met in December 2024 to finalize its recommendations for the second model.

A public hearing regarding proposed TEKS for middle school advanced mathematics is presented as a separate item in this agenda.

FISCAL IMPACT: TEA has determined that for the first five years the proposal is in effect (2025-2029), there are no fiscal implications to the state. However, there was a cost to the state of approximately $35,000 to convene work group members who traveled to Austin to draft recommendations for the middle school advanced mathematics TEKS. In addition, there will be implications for TEA if the state develops professional development to help teachers and administrators understand the revised TEKS. Any professional development that is created would be based on whether TEA received an appropriation for professional development in the next biennium.

There may be fiscal implications for school districts and 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 expand an existing regulation by adding new TEKS for middle school advanced mathematics.

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 provide TEKS to support middle school advanced mathematics programs designed to enable students to enroll in Algebra I in Grade 8. 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 new 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter B, Middle School, §§111.29-111.31.

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

Attachment:
Text of Proposed New 19 TAC Chapter 111, Texas Essential Knowledge and Skills for Mathematics, Subchapter B, Middle School, §§111.29-111.31