July 2015 Committee on Instruction Item 3
Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.2, Description of a Required Elementary Curriculum, and §74.3, Description of a Required Secondary Curriculum
(Second Reading and Final Adoption)
July 17, 2015
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.2, Description of a Required Elementary Curriculum, and §74.3, Description of a Required Secondary Curriculum, to align the middle school requirements with changes to the Texas Essential Knowledge and Skills (TEKS) for fine arts. No changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(4) and §28.002.
EFFECTIVE DATE: The proposed effective date of proposed amendments to 19 TAC Chapter 74, Subchapter A, is August 24, 2015. Under TEC, §7.102(f), the State Board of Education (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 2016-2017 school year.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC Chapter 74, Subchapter A, effective September 1, 1996. Section 74.2 was last amended effective January 9, 2007. Section 74.3 was last amended effective June 18, 2014. A discussion item regarding proposed amendments to 19 TAC Chapter 74, Subchapter A, was presented to the Committee on Instruction during the February 2015 SBOE meeting. At the April 2015 SBOE meeting, the board approved for first reading and filing authorization proposed amendments to 19 TAC Chapter 74, Subchapter A.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: House Bill 3, 81st Texas Legislature, 2009, required the SBOE to adopt rules requiring students enrolled in grade levels six, seven, and eight to complete at least one fine arts course during those grade levels as part of a district's fine arts curriculum. The SBOE incorporated this requirement by amending 19 TAC §74.3 effective April 21, 2010.
In April 2013, the board approved final adoption of the revised TEKS for fine arts, which are scheduled to be implemented beginning with the 2015-2016 school year. This item provides the opportunity for the board to align middle school requirements in 19 TAC Chapter 74, Subchapter A, with the revised fine arts TEKS.
Attachment II reflects the text of the proposed amendments to 19 TAC Chapter 74, Subchapter A, for consideration by the SBOE for second reading and final adoption. The proposed amendments would clarify expectations for fine arts requirements for Grade 6 classrooms on elementary campuses and provide flexibility in implementation of the fine arts programs in middle schools. No changes are recommended since approved for first reading.
FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: Benefits include added flexibility in curriculum options for students to meet the middle school fine arts requirement.
PROCEDURAL AND REPORTING IMPLICATIONS: There may be additional reporting implications for districts with a total middle school enrollment of less than 250 students that submit an application to the commissioner of education to reduce the requirement to offer three of the four disciplines to two.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the April 2015 SBOE meeting, notice of proposed amendments to 19 TAC Chapter 74, Subchapter A, was filed with the Texas Register, initiating the official public comment period. A summary of public comments received regarding the proposal will be provided to the SBOE prior to and during the July 2015 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.2, Description of a Required Elementary Curriculum, and §74.3, Description of a Required Secondary Curriculum, with an effective date of August 24, 2015.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs
Shelly Ramos, Division Director
Curriculum
Attachments:
I. Statutory Citations (PDF, 19KB)
II. Text of Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.2, Description of a Required Elementary Curriculum, and §74.3, Description of a Required Secondary Curriculum (PDF, 20KB)