June 2026 Committee on Instruction Item 3
Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27, Innovative Courses and Programs
(Second Reading and Final Adoption)
June 26, 2026
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27, Innovative Courses and Programs. The proposed amendment would update the process for review and approval of proposed innovative courses and sunset of existing courses and would update requirements for implementation of approved innovative courses. 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 State Board of Education (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 link above.
EFFECTIVE DATE: The proposed effective date of the proposed amendment is August 1, 2026. 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 2027-2028 school year. The earlier effective date will allow for adjustments to be made, as necessary, to the process to be used for consideration of innovative courses in future school years.
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; February 26, 2023; February 18, 2024; and November 10, 2024. A discussion item on §74.27 was presented to the Committee on Instruction at the September 2025 SBOE meeting. A proposed amendment to §74.27 was presented to the Committee on Instruction for first reading and filing authorization at the November 2025 SBOE meeting. The item was not approved by the SBOE at its general meeting due to a procedural error. At the January 2026 meeting, the SBOE approved the proposed amendment to §74.27 for first reading and filing authorization. An item on proposed amendment to §74.27 was presented to the Committee of the Full Board at the April 2026 SBOE meeting. At that time, the board temporarily approved the proposed amendment to §74.27 for second reading and final adoption contingent upon approval by the Committee on Instruction within 60 days. At a special called meeting on April 21, 2026, the Committee on Instruction postponed action on second reading and final adoption until the June 2026 meeting.
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, the Texas Education Agency (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 second reading and final adoption 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 criteria. 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 criteria to be considered for sunset. The amendment became effective February 18, 2024. In order to correct the error made by TEA, the board adopted an additional amendment effective November 10, 2024.
At the September 2025 meeting, the Committee on Instruction discussed the innovative course approval process and asked TEA staff to prepare a possible amendment to the rule for the committee to consider. At the November 2025 SBOE meeting, a proposed amendment to §74.27 was presented for first reading and filing authorization to the Committee on Instruction and recommended for SBOE approval. Due to a procedural error, the item was not approved by the SBOE at its general meeting. The proposed amendment to §74.27 was approved by the SBOE for first reading and filing authorization at its January 2026 meeting. At the April 2026 meeting, the board temporarily approved the proposed amendment to §74.27 for second reading and final adoption contingent upon approval by the Committee on Instruction within 60 days. At a special called meeting on April 21, 2026, the Committee on Instruction postponed second reading and final adoption of the proposed amendment to §74.27 until the June 2026 meeting.
The attachment to this item reflects the proposed amendment to §74.27 for consideration by the board for second reading and final adoption. The proposed amendment would set more specific criteria for a course to be considered by the board as an innovative course; establish new timelines for SBOE action related to innovative courses; clarify requirements related to instructional materials for innovative courses; and adjust requirements for implementation of approved innovative courses.
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 expand an existing regulation by setting more specific criteria for a course to be considered by the board as an innovative course, establishing new timelines for SBOE action related to innovative courses, and further clarifying other components of the rule.
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 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 update the process for review and approval of proposed innovative courses and sunset of existing courses and would update requirements for implementation of approved innovative courses. 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 January 2026 SBOE meeting, notice of the proposed amendment was filed with the Texas Register, initiating the public comment period. The public comment period began February 27, 2026, and ended at 5:00 p.m. on March 30, 2026. A summary of public comments received was provided to the SBOE prior to the April 2026 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in June 2026 in accordance with the SBOE board operating policies and procedures.
MOTION TO BE CONSIDERED: The Committee on Instruction:
Approve for second reading and final adoption the proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27, 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, Innovative Courses and Programs, is necessary and shall have an effective date of August 1, 2026. (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:
Shannon Trejo, Deputy Commissioner, School Programs
Attachment:
Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.27, Innovative Courses and Programs