September 2015 Committee on Instruction Item 2
Proposed Repeal of 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter C, High School
(Second Reading and Final Adoption)
September 11, 2015
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter C, High School. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted effective in 1998 for Kindergarten-Grade 8 and high school fine arts and related implementation language, which have been superseded by Subchapters D, E, and F of this chapter.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements. TEC, §28.002, identifies the subjects of the required curriculum and requires the SBOE to by rule 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, 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 §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 2016-2017 school year. The earlier effective date will immediately repeal rules that have been superseded to avoid confusion.
PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for fine arts effective September 1, 1998. The fine arts TEKS were revised effective August 24, 2015. At the July 2015 meeting, the SBOE approved the proposed repeal of 19 TAC Chapter 117, Subchapters A-C, for first reading and filing authorization.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBOE adopted proposed revisions to the fine arts TEKS for Kindergarten-Grade 12 in April 2013 for implementation in the 2015-2016 school year. With the implementation of the new fine arts TEKS in 19 TAC Chapter 117, Subchapters D-F, the current TEKS in 19 TAC Chapter 117, Subchapters A-C, are no longer needed and may now be repealed.
The board approved the proposed repeal of 19 TAC Chapter 117, Subchapters A-C, for first reading and filing authorization at the July 2015 SBOE meeting. No changes are recommended since approved for first reading.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined 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 and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: Benefits include better alignment of the TEKS and coordination of the standards with the adoption of instructional materials.
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: Following the July 2015 SBOE meeting, notice of the proposed repeal of 19 TAC Chapter 117, Subchapters A-C, was filed with the Texas Register, initiating the official public comment period. No comments had been received at the time this item was prepared. A summary of any public comments received regarding the proposal will be provided to the SBOE at the September 2015 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: To reduce the volume of the agenda and the cost of printing, the text of the proposed repeal of 19 TAC Chapter 117, Subchapters A-C, is not presented in this agenda. A copy of the text will be available at the meeting. The text can also be viewed on the TEA Administrative Rules webpage at http://ritter.tea.state.tx.us/rules/tac/chapter117/index.html.
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 repeal of 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter C, High School, with an effective date of 20 days after filing as adopted with the Texas Register.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs
Shelly Ramos, Division Director
Curriculum
Attachment:
Statutory Citations (PDF, 86KB)