November 2017 Committee on Instruction Item 1
Adoption of Review of 19 TAC Chapter 74, Curriculum Requirements
(Adoption of Review)
November 10, 2017
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the adoption of the review of 19 TAC Chapter 74. The rules being reviewed provide for curriculum requirements for school districts, outline graduation requirements, and include other provisions that relate to curriculum requirements.
STATUTORY AUTHORITY: Statutory authority for the rule review is Texas Government Code, §2001.039. Statutory authority for 19 TAC Chapter 74 is Texas Education Code (TEC), §§7.102; 28.002, as amended by House Bill (HB) 3593, 85th Texas Legislature, Regular Session, 2017; 28.008; 28.023, as amended by HB 789, 85th Texas Legislature, Regular Session, 2017; 28.025, as amended by HB 3593, Senate Bill (SB) 30, SB 463, SB 671, and SB 826, 85th Texas Legislature, Regular Session, 2017; 28.053; 28.054; 29.907; 38.003, as amended by HB 1886, 85th Texas Legislature, Regular Session, 2017; and 33.081.
The Texas Government Code, §2001.039, requires all state agencies to review their rules at least once every four years.
TEC, §7.102, identifies state and regional organization and governance and duties and establishes the authority of the State Board of Education (SBOE) to establish curriculum and graduation requirements, adopt rules to carry out the required curriculum, establish guidelines for credit by examination, adopt transcript forms and standards for purposes of reporting academic achievement, adopt guidelines for determining financial need for the Texas Advanced Placement Incentive Program, and approve a program for testing students for dyslexia and related disorders.
TEC, §28.002, as amended by HB 3593, 85th Texas Legislature, Regular Session, 2017, 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, §28.008, requires the SBOE to incorporate the College and Career Readiness Standards (CCRS) approved by the commissioner of education and the Texas Higher Education Coordinating Board into the Texas Essential Knowledge and Skills (TEKS) and to adopt by rule a chart that clearly indicates the alignment of the CCRS with the TEKS.
TEC, §28.023, as amended by HB 789, 85th Texas Legislature, Regular Session, 2017, requires the SBOE to establish guidelines for school districts to follow in developing or selecting examinations for acceleration for elementary grade levels and for credit for secondary level academic subjects, including a requirement that a school district give a student in Grade 6 or above credit for a subject if the student earns a scaled score of 50 or higher on an examination approved by the board of trustees and administered through the College-Level Examination Program (CLEP).
TEC, §28.025, as amended by HB 3593, SB 30, SB 463, SB 671, 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.
TEC, §28.053, identifies the types of awards for which schools participating in the Texas Advanced Placement Incentive Program are eligible and the manner in which funds awarded are to be used.
TEC, §28.054, identifies the requirements for students' entitlement to fee subsidies for a fee paid to take an Advanced Placement or International Baccalaureate examination.
TEC, §29.907, designates the week in which September 17 falls as Celebrate Freedom Week and allows the Texas Education Agency (TEA), in cooperation with other state agencies who voluntarily participate, to promote Celebrate Freedom Week through a coordinated program.
TEC, §38.003, as amended by HB 1886, 85th Texas Legislature, Regular Session, 2017, identifies requirements for the screening or testing of all students enrolling in Texas public schools for dyslexia and related disorders.
TEC, §33.081, requires the SBOE to adopt rules to limit student participation for extracurricular activities during the school day and the school week and identifies requirements related to the suspension from participation in extracurricular activities of a student who receives a grade lower than the equivalent of 70 on a scale of 100 in academic classes identified in this section.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 74, Subchapters A-G, in November 2013, finding that the reasons for initially adopting the rules continued to exist. The review of 19 TAC Chapter 74, Subchapters A-G, was presented for discussion to the Committee on Instruction at the September 2017 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: SBOE rules in Chapter 74 are organized as follows: Subchapter A, Required Curriculum; Subchapter B, Graduation Requirements; Subchapter C, Other Provisions; Subchapter D, Graduation Requirements, Beginning with School Year 2001-2002; Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005; Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008; and Subchapter G, Graduation Requirements, Beginning with School Year 2012-2013. Following is a summary of each subchapter, including a summary of actions taken since the last review and a description of anticipated changes, as applicable.
Subchapter A
Subchapter A establishes definitions, requirements, and procedures related to required curricula for kindergarten through Grade 12, including English language proficiency standards, the academic achievement record (transcript), and college and career readiness and TEKS alignment charts.
The 83rd Texas Legislature, Regular Session, 2013, passed HB 5, amending the TEC, §28.025, to increase flexibility in course options for students to meet graduation requirements. In April 2014, the SBOE adopted revisions to 19 TAC Chapter 74, Subchapter A, to align rules for the required secondary curriculum, including courses school districts must offer, with the requirements of HB 5. The revisions also moved the requirements related to the academic achievement record from 19 TAC Chapter 74, Subchapter B, to 19 TAC Chapter 74, Subchapter A.
In April 2013, the board approved final adoption of the revised TEKS for fine arts, which were scheduled to be implemented beginning with the 2015-2016 school year. In July 2015, the SBOE adopted proposed revisions to 19 TAC Chapter 74, Subchapter A, to align middle school curriculum requirements in
19 TAC Chapter 74, Subchapter A, with the revised fine arts TEKS.
The 84th Texas Legislature, 2015, passed HB 1613, amending the TEC, §28.008, to require the SBOE by rule to adopt a chart that clearly indicates the alignment of the CCRS and expectations with the TEKS. Additionally, the 84th Texas Legislature, 2015, passed HB 181, amending the TEC, §28.025(c-1), (c-5), and (e-1), to remove the requirement that school districts and charter schools identify endorsements and performance acknowledgments on high school diplomas. In January 2016, the SBOE adopted new 19 TAC §74.6, College and Career Readiness and Texas Essential Knowledge and Skills Alignment, to add TEKS alignment charts for mathematics, science, social studies, and cross-disciplinary CCRS as required under HB 1613. The SBOE also adopted amendments to make the rule related to the academic achievement record consistent with the requirements mandated by HB 181 at the January 2016 meeting.
The 83rd Texas Legislature, Regular Session, 2013, passed HB 2662, amending the TEC, §28.0021, to require school districts and open-enrollment charter schools offering a high school program to provide a one-half credit elective course in personal financial literacy. In January 2016, the SBOE adopted new 19 TAC §113.49, Personal Financial Literacy (One-Half Credit), Adopted 2016. The SBOE adopted amendments to 19 TAC §74.3, Description of a Required Secondary Curriculum, to add the newly adopted Personal Financial Literacy course to the list of courses a district is required to offer at the high school level.
At a future meeting, the SBOE may consider amendments to 19 TAC §74.5, Academic Achievement Record (Transcript), to update requirements for the academic achievement record.
Subchapter B
Subchapter B specifies high school graduation requirements for the foundation high school program for students entering Grade 9 in the 2014-2015 school year.
The 83rd Texas Legislature, Regular Session, 2013, passed HB 5, amending the TEC, §28.025, to change the high school graduation programs from the minimum, recommended, and advanced high school programs to one foundation high school program with endorsements to increase flexibility in graduation requirements for students. In January 2014, the SBOE approved revisions to the subchapter to repeal graduation requirements that were no longer needed; repeal the rule related to the academic achievement record and add the rule to 19 TAC Chapter 74, Subchapter A; and add new rules related to the foundation high school program to align with the requirements in HB 5. In April 2016, the SBOE adopted amendments to update the rules and to align with legislative changes resulting from the 84th Texas Legislature, 2015.
The 85th Texas Legislature, Regular Session, 2017, passed SB 826, amending the TEC, §28.025(b-2), to eliminate course sequencing requirements in English language arts and reading and mathematics under the foundation high school program. HB 3593, 85th Texas Legislature, Regular Session, 2017, added TEC, §28.025(c-10), to require the SBOE to adopt or select five technology applications courses to be included in a cybersecurity pathway for the science, technology, engineering, and mathematics endorsement. SB 671, 85th Texas Legislature, Regular Session, 2017, added TEC, §28.025(b-21), to require the SBOE to adopt criteria to allow a student to comply with the curriculum requirement for one credit in a language other than English by successfully completing a dual language immersion program at an elementary school.
Proposed revisions to 19 TAC Chapter 74, Subchapter B, are presented for first reading and filing authorization as a separate item in this agenda. The proposed revisions include updating rules related to the foundation high school program to align with the requirements in recent legislation passed by the 85th Texas Legislature, Regular Session, 2017. No additional changes to 19 TAC Chapter 74, Subchapter B, are recommended at this time.
Subchapter C
Subchapter C includes provisions relating to options for offering courses; correspondence courses and distance learning; credit by examination; high school credit for college courses; award of credit; innovative courses and programs; students with dyslexia and related disorders; the Texas advanced placement incentive program; identification of honors courses; health classifications for physical education; additional requirements for social studies classes for Grades 3-12; additional requirements for high school health classes; requirements for elective courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and their impact on the history and literature of western civilization; public school physical education curriculum; and requirements for instruction in cardiopulmonary resuscitation (CPR).
Companion bills HB 2694 and SB 1365, 83rd Texas Legislature, Regular Session, 2013, amended the TEC, §28.023, and the requirements for credit and acceleration by examination. Changes to the statute increased the number of testing opportunities a school district must provide each school year. The amended statute also requires each school district to approve, to the extent available, at least four examinations for acceleration or for credit for each academic subject. The legislation also reduced the minimum score requirement from 90 percent to 80 percent in order for a student to accelerate or be awarded credit. It also allows a student who earned credit for a course with an end-of-course (EOC) assessment as a result of credit by examination to be exempt from the EOC requirement for that course. In January 2014, the SBOE adopted amendments to align the rules related to credit by examination with the changes made to the requirements by HB 2694 and SB 1365 and to establish criteria for credit by examinations for courses with an EOC assessment that must be met in order for a student who earns credit through one of those examinations to be exempt from the corresponding EOC requirement.
The SBOE adopted amendments to rules related to credit by examination and award of credit in September 2015. The 83rd Texas Legislature, Regular Session, 2013, passed SB 1404 and HB 2619 amending the TEC, §25.007, by adding transition assistance requirements for students in substitute care. The 84th Texas Legislature, 2015, passed SB 1494, amending the TEC, §25.007 and §28.025, to include homeless students in the provisions regarding school transition for students in substitute care. The 84th Texas Legislature, 2015, also passed SB 453, amending the TEC, §28.023(c-1), to reduce the minimum required scaled score on the CLEP exams from 60 to 50 in order for a student to earn credit for a course or subject through credit by examination. The changes adopted by the SBOE in September 2015 amended existing requirements to provide additional support and flexibility for students who are homeless or in substitute care in meeting high school graduation requirements and aligned the rules with the change in the required scaled score in accordance with SB 453.
The 83rd Texas Legislature, Regular Session, 2013, adopted HB 897, amending the TEC, §28.0023, to require that the SBOE include instruction in CPR for students in Grades 7-12. The legislation also required school districts and open-enrollment charter schools to provide instruction in CPR and for students to receive the CPR instruction at least once before graduation. The SBOE adopted new rules for instruction in CPR, as required by HB 897.
At a future meeting, the SBOE may consider a proposed amendment to 19 TAC §74.28, Students with Dyslexia and Related Disorders, to update the requirements for dyslexia.
The 85th Texas Legislature, Regular Session, 2017, passed SB 30, adding TEC, §28.025(b-20), to require the SBOE to adopt rules to include instruction regarding interaction with peace officers in one or more courses in the required curriculum for students in Grades 9-12. A discussion item to provide an update on the instruction required by SB 30 is presented as a separate item in this agenda. At a future meeting, the SBOE will consider proposed new rules related to instruction on proper interaction with peace officers during traffic stops and other in-person encounters. No additional changes to 19 TAC Chapter 74, Subchapter C, are recommended at this time.
Subchapters D-G
Subchapter D specified high school graduation requirements for students entering Grade 9 in the 2001-2002, 2002-2003, or 2003-2004 school year.
Subchapter E specifies high school graduation requirements for students entering Grade 9 in the 2004-2005, 2005-2006, or 2006-2007 school year.
Subchapter F specifies high school graduation requirements for students entering Grade 9 in the 2007-2008, 2008-2009, 2009-2010, 2010-2011, or 2011-2012 school year.
Subchapter G specifies high school graduation requirements for students entering Grade 9 in the 2012-2013 or 2013-2014 school year.
In September 2013, the SBOE approved amendments to add additional career and technical education and mathematics courses as options to satisfy mathematics and science graduation requirements to the graduation requirements under Subchapters F and G. At the July 2015 meeting, the SBOE approved two new mathematics courses developed to provide additional rigorous mathematics course options for students on the foundation program as options for students to satisfy mathematics requirements on the minimum, recommended, and advanced high school programs under Subchapter G.
At a future meeting, TEA staff anticipates presenting the proposed repeal of 19 TAC Chapter 74, Subchapters D and E, because the rules are outdated and no longer apply. No changes to 19 TAC Chapter 74, Subchapters F and G, are recommended at this time.
This item presents the rule review of 19 TAC Chapter 74, which is designed to ensure that the SBOE continues to have statutory authority for these rules and the reason for adopting these rules continues to exist. The text of 19 TAC Chapter 74 is not included as an attachment to this item due to the volume of rules; however, the rules are viewable on the TEA's website at http://ritter.tea.state.tx.us/rules/tac/chapter074/index.html.
RULE REVIEW: Following the September 2017 SBOE meeting, notice of the proposed review of 19 TAC Chapter 74 was filed with the Texas Register. If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the November 2017 SBOE meeting. The notice of the adopted review will state that the SBOE finds the reasons for adopting 19 TAC Chapter 74 continue to exist. Any public comments received during the review of 19 TAC Chapter 74 will also be filed.
The filing of the notice of adopted review stating that the reasons for adoption continue to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: Students would have appropriate curricular choices as they complete their public school education.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: Following the September 2017 SBOE meeting, notice of the proposed review of 19 TAC Chapter 74 was filed with the Texas Register, initiating the public comment period for the review. At the time this item was prepared, no comments had been received. Any public comments received will be provided to the SBOE during the November 2017 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: Proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, are presented for first reading and filing authorization as a separate item in this agenda.
A discussion item related to required instruction on proper interaction with peace officers is presented as a separate item in this agenda.
MOTION TO BE CONSIDERED: The State Board of Education:
Adopt the review of 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum; Subchapter B, Graduation Requirements; Subchapter C, Other Provisions; Subchapter D, Graduation Requirements, Beginning with School Year 2001-2002; Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005; Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008; and Subchapter G, Graduation Requirements, Beginning with School Year 2012-2013.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services
Shelly Ramos, Senior Director
Curriculum Standards and Student Support
Attachment:
Statutory Citations (PDF, 91KB)