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Jan-Feb 2017 Committee on Instruction Item 6

Proposed Amendments to 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter B, Middle School, and Subchapter C, High School
(First Reading and Filing Authorization)

February 3, 2017

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter B, Middle School, and Subchapter C, High School. The proposed amendments would add student expectations for prescription drug awareness to the health education Texas Essential Knowledge and Skills (TEKS) in accordance with Senate Bill (SB) 968, 84th Texas Legislature, 2015.

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

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

TEC, §28.002(c), 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, §28.002(w), requires the SBOE to adopt essential knowledge and skills that address the dangers, causes, consequences, signs, symptoms, and treatment of nonmedical use of prescription drugs.

EFFECTIVE DATE: The proposed effective date of proposed amendments to 19 TAC Chapter 115, Subchapters B and C, is August 28, 2017.

PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for health education effective September 1, 1998. The SBOE adopted amendments to the health education TEKS for elementary and middle school effective August 26, 2013. A discussion item regarding proposed amendments to 19 TAC Chapter 115, Subchapters B and C, was presented to the committee at the November 2016 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: SB 968, 84th Texas Legislature, 2015, added the TEC, §28.002(w), to require that the SBOE adopt TEKS that address the dangers, causes, consequences, signs, symptoms, and treatment of nonmedical use of prescription drugs. Recommendations for amendments to add student expectations for prescription drug awareness to the health education TEKS were provided to the committee for discussion at the November 2016 meeting. The draft recommendations were also shared with state health organizations and stakeholders for review and feedback. This item provides the opportunity for the board to take action on the proposed amendments in accordance with the statutory requirements that the SBOE add student expectations for prescription drug awareness to the health education TEKS.

Attachment II reflects the text of proposed amendments to 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter B, Middle School, and Subchapter C, High School, for consideration by the SBOE for first reading and filing authorization.

FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to the agency to comply with the proposed rule action.

There are anticipated fiscal implications for school districts and charter schools to implement the proposed amendments. These may include the need for professional development and amendments 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.

The TEA has determined that 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; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC AND STUDENT BENEFIT: The proposed amendments would give students access to additional information regarding prescription drug awareness as a part of the health education curriculum.

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

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

PUBLIC COMMENTS: The official public comment period will begin when the proposal, approved for first reading and filing authorization by the SBOE, 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:

Approve for first reading and filing authorization proposed amendments to 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter B, Middle School, and Subchapter C, High School.

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, 37KB)
II. Text of Proposed Amendments to 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter B, Middle School, and Subchapter C, High School (PDF, 129KB)