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September 2017 Committee on Instruction Item 1

Proposed Repeal of 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter D, Other Science Courses, §112.71, Principles of Technology (One Physics Credit), and §112.72, Other Courses for Which Students May Receive Science Credit
(First Reading and Filing Authorization)

September 15, 2017

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item presents for first reading and filing authorization the proposed repeal of 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter D, Other Science Courses, §112.71, Principles of Technology (One Physics Credit), and §112.72, Other Courses for Which Students May Receive Science Credit. The proposed repeal would remove rules that are duplicative of other State Board of Education (SBOE) rules and are no longer necessary.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102, 28.002, and 28.025, as amended by House Bill (HB) 3593 and Senate Bill (SB) 826, 85th Texas Legislature, Regular Session, 2017.

TEC, §7.102(c)(4), requires the SBOE to establish curriculum and graduation requirements.

TEC, §28.002, identifies the subjects of the required curriculum and requires the SBOE by rule to identify 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, §28.025, as amended by HB 3593 and SB 826, 85th Texas Legislature, Regular Session, 2017, requires the SBOE by rule to determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under the TEC, §28.002.

EFFECTIVE DATE:
The proposed effective date of the proposed repeal 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 2018-2019 school year. The earlier effective date will expedite the removal of outdated rules to avoid confusion.

PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §112.71 and §112.72 effective July 12, 2010. The rules have not been amended since their adoption.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Principles of Technology, a career and technical education (CTE) course, has been identified by the SBOE as a course that may satisfy science graduation requirements. The Texas Essential Knowledge and Skills (TEKS) for Principles of Technology are currently included in both 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, and 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science. In 2015, the SBOE approved new CTE TEKS, which were implemented beginning in the 2017-2018 school year. New 19 TAC §130.404, Principles of Technology (One Credit), Adopted 2015, includes revisions to the original TEKS in §112.71, and the two courses are no longer aligned.

Rules in 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, identify the courses that may satisfy specific graduation requirements. These rules currently identify 12 CTE courses that may satisfy science graduation requirements. As a result of recent changes to the graduation requirements, §112.72, Other Courses for Which Students May Receive Science Credit, is no longer aligned to the graduation requirements.

The proposed repeal would eliminate §112.71 and §112.72 to remove rules that are outdated and duplicative of other SBOE rules.

The proposed repeal was 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 in order to repeal rules that are outdated as quickly as possible and avoid confusion. Therefore, this item is presented for first reading and filing authorization consideration at this meeting.

FISCAL IMPACT: The Texas Education Agency has determined that that there are no additional costs to persons or entities required to comply with the proposed repeal. In addition, there is no direct adverse economic impact for small businesses or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy for the first five years that the proposed repeal is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC AND STUDENT BENEFIT: The proposed repeal would eliminate language that is outdated and would avoid confusion for administrators and teachers.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed repeal would have no procedural and reporting requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The proposed repeal would have no locally maintained paperwork requirements.

PUBLIC COMMENTS: The official public comment period will begin when the proposal, approved for first reading and filing authorization, is published in the Texas Register.

ALTERNATIVES:
None.

OTHER COMMENTS AND RELATED ISSUES: 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.

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 the proposed repeal of 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter D, Other Science Courses, §112.71, Principles of Technology (One Physics Credit), and §112.72, Other Courses for Which Students May Receive Science Credit.

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachments:
I. Statutory Citations (PDF, 35KB)
II. Text of Proposed Repeal of 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter D, Other Science Courses, §112.71, Principles of Technology (One Physics Credit), and §112.72, Other Courses for Which Student May Receive Science Credit (PDF, 56KB)