January 2019 Committee of the Full Board Item 4
Proposed New 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.51, Principles of Cybersecurity (One Credit), and §126.52, Cybersecurity (One Credit)
(First Reading and Filing Authorization)
February 1, 2019
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization proposed new 19 TAC
Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.51, Principles of Cybersecurity (One Credit), and §126.52, Cybersecurity (One Credit). The proposal would add Texas Essential Knowledge and Skills (TEKS) for two new technology applications courses in cybersecurity for implementation in the 2019-2020 school year.
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(a), identifies the subjects of the required curriculum.
TEC, §28.002(c), 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, §28.002(f)(2), requires the SBOE to approve courses in cybersecurity for credit for high school graduation.
TEC, §28.025(a), requires the SBOE to by rule determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under TEC, §28.002, and to designate the specific courses in the foundation curriculum that are required under the foundation high school program.
TEC, §28.025(c-1)(1), establishes that an endorsement may be earned in science, technology, engineering, and mathematics (STEM), which includes courses related to science, including environmental science; technology, including computer science, cybersecurity, and computer coding; engineering; and advanced mathematics.
TEC, §28.025(c-10), requires the SBOE to adopt or select five technology applications courses on cybersecurity to be included in a cybersecurity pathway for the STEM endorsement.
The full text of statutory citations can be found in the statutory authority section of this agenda.
EFFECTIVE DATE: The proposed effective date of the proposed new rules is August 1, 2019. 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 2019-2020 school year. The earlier effective date will allow districts of innovation that begin school prior to the statutorily required start date to implement these amendments when they begin their school year.
PREVIOUS BOARD ACTION: The SBOE adopted the technology applications TEKS effective September 1, 1998. In April 2011, the SBOE adopted revisions to the technology applications TEKS effective September 26, 2011.
BACKGROUND INFORMATION AND JUSTIFICATION: The 85th Texas Legislature, Regular Session, 2017, passed House Bill (HB) 3593, adding TEC, §28.002(f)(2), to require that the SBOE approve courses in cybersecurity for credit for high school graduation. HB 3593 amended TEC, §28.025(c-1)(1), to add cybersecurity and computer coding to the courses to be included in a STEM endorsement. HB 3593 also added TEC, §28.025(c)(10), to require that the SBOE adopt or select five technology applications courses on cybersecurity to be included in a cybersecurity pathway for the STEM endorsement.
In spring 2015, a new Principles in Cybersecurity innovative course was approved by the commissioner of education for use beginning with the 2016-2017 school year. School districts and open-enrollment charter schools may offer any state-approved innovative course for elective credit with the approval of the local board of trustees.
In August 2018, a committee of secondary and postsecondary educators and business and industry representatives were selected to develop recommended TEKS for new cybersecurity courses for the pathway. The committee convened for the first face-to-face meeting in Austin in September 2018 to begin working on recommendations for a TEKS-based foundational course in cybersecurity based on the Principles in Cybersecurity innovative course. The committee participated in an additional face-to-face meeting in October 2018 to develop recommendations for a second cybersecurity course that would serve as a capstone for the cybersecurity pathway. At the November 2018 meeting, the SBOE discussed proposed new 19 TAC §126.51 and §126.52. Draft TEKS for the proposed new courses were sent to interested stakeholders to provide feedback in December 2018. In January 2019, the committee participated in another face-to-face meeting to review comments provided by interested stakeholders and to finalize recommendations for the two cybersecurity courses.
The text of proposed new 19 TAC §126.51 and §126.52 for consideration by the SBOE for first reading and filing authorization will be provided as a separate exhibit at the January-February 2019 SBOE meeting.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that the proposed new rules would have fiscal implications for state government. For fiscal year 2019, the estimated cost to TEA to reimburse committee members for travel to review and streamline the social studies TEKS is $10,000. There would also be implications for the TEA if the state creates professional development to help teachers and administrators understand the new TEKS. Any professional development that is created would be based on whether TEA receives an appropriation for professional development in the next biennium.
The proposed new rules may have fiscal implications for school districts and charter schools to implement the new TEKS. The costs may include the need for professional development and revisions 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.
LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: The proposal would add two new TEKS-based courses for students and would increase flexibility in meeting graduation requirements. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: The public comment period will begin when the proposal, approved for first reading and filing authorization by the SBOE, is published in the Texas Register. 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 new 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.51, Principles of Cybersecurity (One Credit), and §126.52, Cybersecurity (One Credit).
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support
Separate Exhibit: Text of Proposed New 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.51, Principles of Cybersecurity (One Credit), and §126.52, Cybersecurity (One Credit)
(to be provided at the January-February 2019 SBOE meeting)
(First Reading and Filing Authorization)
February 1, 2019
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization proposed new 19 TAC
Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.51, Principles of Cybersecurity (One Credit), and §126.52, Cybersecurity (One Credit). The proposal would add Texas Essential Knowledge and Skills (TEKS) for two new technology applications courses in cybersecurity for implementation in the 2019-2020 school year.
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(a), identifies the subjects of the required curriculum.
TEC, §28.002(c), 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, §28.002(f)(2), requires the SBOE to approve courses in cybersecurity for credit for high school graduation.
TEC, §28.025(a), requires the SBOE to by rule determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under TEC, §28.002, and to designate the specific courses in the foundation curriculum that are required under the foundation high school program.
TEC, §28.025(c-1)(1), establishes that an endorsement may be earned in science, technology, engineering, and mathematics (STEM), which includes courses related to science, including environmental science; technology, including computer science, cybersecurity, and computer coding; engineering; and advanced mathematics.
TEC, §28.025(c-10), requires the SBOE to adopt or select five technology applications courses on cybersecurity to be included in a cybersecurity pathway for the STEM endorsement.
The full text of statutory citations can be found in the statutory authority section of this agenda.
EFFECTIVE DATE: The proposed effective date of the proposed new rules is August 1, 2019. 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 2019-2020 school year. The earlier effective date will allow districts of innovation that begin school prior to the statutorily required start date to implement these amendments when they begin their school year.
PREVIOUS BOARD ACTION: The SBOE adopted the technology applications TEKS effective September 1, 1998. In April 2011, the SBOE adopted revisions to the technology applications TEKS effective September 26, 2011.
BACKGROUND INFORMATION AND JUSTIFICATION: The 85th Texas Legislature, Regular Session, 2017, passed House Bill (HB) 3593, adding TEC, §28.002(f)(2), to require that the SBOE approve courses in cybersecurity for credit for high school graduation. HB 3593 amended TEC, §28.025(c-1)(1), to add cybersecurity and computer coding to the courses to be included in a STEM endorsement. HB 3593 also added TEC, §28.025(c)(10), to require that the SBOE adopt or select five technology applications courses on cybersecurity to be included in a cybersecurity pathway for the STEM endorsement.
In spring 2015, a new Principles in Cybersecurity innovative course was approved by the commissioner of education for use beginning with the 2016-2017 school year. School districts and open-enrollment charter schools may offer any state-approved innovative course for elective credit with the approval of the local board of trustees.
In August 2018, a committee of secondary and postsecondary educators and business and industry representatives were selected to develop recommended TEKS for new cybersecurity courses for the pathway. The committee convened for the first face-to-face meeting in Austin in September 2018 to begin working on recommendations for a TEKS-based foundational course in cybersecurity based on the Principles in Cybersecurity innovative course. The committee participated in an additional face-to-face meeting in October 2018 to develop recommendations for a second cybersecurity course that would serve as a capstone for the cybersecurity pathway. At the November 2018 meeting, the SBOE discussed proposed new 19 TAC §126.51 and §126.52. Draft TEKS for the proposed new courses were sent to interested stakeholders to provide feedback in December 2018. In January 2019, the committee participated in another face-to-face meeting to review comments provided by interested stakeholders and to finalize recommendations for the two cybersecurity courses.
The text of proposed new 19 TAC §126.51 and §126.52 for consideration by the SBOE for first reading and filing authorization will be provided as a separate exhibit at the January-February 2019 SBOE meeting.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that the proposed new rules would have fiscal implications for state government. For fiscal year 2019, the estimated cost to TEA to reimburse committee members for travel to review and streamline the social studies TEKS is $10,000. There would also be implications for the TEA if the state creates professional development to help teachers and administrators understand the new TEKS. Any professional development that is created would be based on whether TEA receives an appropriation for professional development in the next biennium.
The proposed new rules may have fiscal implications for school districts and charter schools to implement the new TEKS. The costs may include the need for professional development and revisions 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.
LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: The proposal would add two new TEKS-based courses for students and would increase flexibility in meeting graduation requirements. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: The public comment period will begin when the proposal, approved for first reading and filing authorization by the SBOE, is published in the Texas Register. 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 new 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.51, Principles of Cybersecurity (One Credit), and §126.52, Cybersecurity (One Credit).
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support
Separate Exhibit: Text of Proposed New 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.51, Principles of Cybersecurity (One Credit), and §126.52, Cybersecurity (One Credit)
(to be provided at the January-February 2019 SBOE meeting)