November 2021 Committee on Instruction Item 2

Adoption of Review of 19 TAC Chapter 74, Curriculum Requirements

November 19, 2021

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT

SUMMARY: Texas Government Code (TGC), §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 review of 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements. 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 this action is the TGC, §2001.039. The statutory authority for 19 TAC Chapter 74, Subchapters A-G, is Texas Education Code (TEC), §§7.102; 25.007; 28.002, as amended by House Bill (HB) 3979 and HB 4509, 87th Texas Legislature, Regular Session, 2021; 28.0021; 28.0023; 28.008; 28.011, as amended by HB 2681, 87th Texas Legislature, Regular Session, 2021; 28.012; 28.014; 28.018; 28.023; 28.025, as amended by HB 1603 and Senate Bill (SB) 1063, 87th Texas Legislature, Regular Session, 2021; 28.0256, as amended by SB 369, 87th Texas Legislature, Regular Session, 2021; 28.053; 28.054; 29.907; 33.081, as amended by HB 2721, 87th Texas Legislature, Regular Session, 2021, and 38.003.

TGC, §2001.039, requires a state agency to review and consider for readoption each of its rules.

TEC, §7.102, identifies state and regional organization and governance and duties and establishes the authority of the 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, §25.007, requires the agency to assist the transition of students who are homeless or in substitute care from one school to another.

TEC, §28.002, as amended by HB 3979 and HB 4509, 87th Texas Legislature, Regular Session, 2021, 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 will be addressed on the state assessment instruments.

TEC, §28.0021, requires school districts and charter schools to offer an elective course in personal financial literacy that meets the requirements for a one-half elective credit.

TEC, §28.0023, requires that the SBOE by rule require school districts and open-enrollment charter schools to provide instruction in cardiopulmonary resuscitation (CPR) and for students to receive the CPR instruction at least once before graduation.

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, §28.011, as amended by HB 2681, 87th Texas Legislature, Regular Session, 2021, allows school districts to offer an elective course on the Hebrew Scriptures and an elective course on the New Testament.

TEC, §28.012, requires the SBOE and the Texas Commission on Law Enforcement (TCOLE) to enter into a memorandum of understanding to provide instruction regarding proper interaction between civilians and peace officers in public schools, driver education courses, and peace officer training.

TEC, §28.014, requires each school district partner with at least one institution of higher education to develop and provide courses in college preparatory mathematics and English language arts.

TEC, §28.018, requires the SBOE by rule to establish an advanced computer science program for high school students that permits students to earn advanced math or science credit by successfully completing an advance computer science course and under which participating districts would implement rigorous standards for advanced computer science courses that are focused on the creation and use of software and computing technologies.

TEC, §28.023, 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 grade 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.

TEC, §28.025, as amended by HB 1603 and SB 1063, 87th Texas Legislature, Regular Session, 2021, 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, §28.0256, as amended by SB 369, 87th Texas Legislature, Regular Session, 2021, requires each student to complete a free application for federal student aid (FAFSA) or a Texas application for state financial aid (TASFA) in order to graduate. A student may opt-out of the financial aid application graduation requirement if a parent or guardian submits a signed opt-out form; if the student is 18 years of age or older and submits a signed opt-out form; or if a school counselor authorizes the student to decline to complete and submit the application for good cause.

TEC, §28.053, identifies the types of awards for which schools participating in the Texas Advanced Placement Incentive Program are eligible and identifies 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, §33.081, as amended by HB 2721, 87th Texas Legislature, Regular Session, 2021, 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.

TEC, §38.003, identifies requirements for the screening or testing of all students enrolling in Texas public schools for dyslexia and related disorders.

The full text of statutory citations can be found in the statutory authority section of this agenda.

PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 74, Subchapters A-G, in November 2017, finding that the reasons for initially adopting the rules continued to exist. The proposed review of 19 TAC Chapter 74, Curriculum Requirements, was presented to the Committee on Instruction for discussion at the September 2021 meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: Chapter 74 is 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.

A summary of the subchapters and actions that have occurred since the last rule review follows.

Subchapter A, Required Curriculum

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 CCRS and TEKS alignment charts.

The 85th Texas Legislature, Regular Session, 2017, passed SB 30, to require the SBOE to adopt rules to include instruction on proper interaction with peace officers during traffic stops and other in-person encounters in one or more courses in the required curriculum for students in Grades 9-12. SB 671 passed by the 85th Texas Legislature, Regular Session, 2017, allows a student who successfully completes a dual language immersion program under TEC, §28.0051, at an elementary school to satisfy one credit of the two credits required in a language other than English (LOTE). In April 2018, the board adopted revisions to 19 TAC Chapter 74, Subchapter A, to update the rule for the academic achievement record to document the completion of requirements for instruction on proper interaction with law enforcement and completion of one LOTE credit requirement through successful completion of a dual language immersion program in elementary school. The board also adopted amendments to the rules for the academic achievement record to document the completion of requirements for speech, CPR instruction (if the instruction is provided in Grades 9-12), instruction on proper interaction with law enforcement, and completion of one LOTE credit requirement through successful completion of a dual language immersion program in elementary school.

HB 3, passed by the 86th Texas Legislature, 2019, added new TEC, §28.0256, to require that students complete and submit a FAFSA or a TASFA as a requirement for high school graduation. A student may formally opt out by submitting a TEA-approved form signed by the student's parent/guardian, a counselor, or the student, if over age 18. In April 2021, the board adopted an amendment to 19 TAC §74.5 to require documentation of the completion of the financial aid application requirement.

TEC, 28.008, requires the SBOE to adopt by rule a chart that clearly indicates the alignment of the CCRS with the TEKS. In June 2019, the board adopted an amendment to 19 TAC Chapter 74, Subchapter A, to add a CCRS alignment chart for new English language arts TEKS adopted in 2019 and to reflect changes resulting from updates to the English language arts and mathematics CCRS.

The 86th Texas Legislature, 2019, passed HB 963, which required the SBOE to amend its rules to consolidate the TEKS for high school technology application courses with the TEKS for CTE courses and to eliminate duplicative courses. Additionally, SB 11 and HB 18, 86th Texas Legislature, 2019, amended the required curriculum in TEC, §28.002, to add suicide prevention to the topics included in health education. The statutory changes also clarified that health education must include physical health. In September 2020, the SBOE adopted amendments to 19 TAC Chapter 74, Subchapter A, to align the required curriculum and courses that districts and charter schools are required to make available to students with the updates to the technology applications and CTE courses required by HB 963 and to include provisions of SB 11 and HB 18.

Subchapter B, Graduation Requirements

Subchapter B specifies high school graduation requirements for the foundation high school program, established by HB 5, 83rd Texas Legislature, 2013, for students entering Grade 9 in the 2014-2015 school year and thereafter.

In April 2018, the SBOE adopted revisions to the subchapter to update the rules to align with legislative changes resulting from the 85th Texas Legislature, 2015, including reporting requirements for locally-developed cybersecurity programs and updating computer programming languages references to include computer coding (HB 3593); eliminating course sequencing requirements in English language arts and reading under the foundation high school program (SB 826); and adding the LOTE credit option for elementary students who successfully complete a dual language immersion program (SB 671). The SBOE also adopted revisions to clarify rules related to the award of credit for certain Advanced Placement (AP) Computer Science A or International Baccalaureate (IB) courses.

In June 2019, the SBOE adopted additional revisions to the subchapter to update the graduation requirements to align with changes to the TEKS for fine arts adopted in 2019; to provide additional clarification for the appropriate amount of state credit that should be awarded for IB courses, and to establish courses to be included in a cybersecurity pathway required by HB 3593, 85th Texas Legislature, Regular Session, 2017, for the science, technology, engineering, and mathematics (STEM) endorsement.

In April 2020, the board adopted revisions to the subchapter to update the rules to align with legislative changes resulting from the 86th Texas Legislature, 2019, including aligning with the consolidation of technology applications courses with the CTE TEKS (HB 963) and reflecting revisions to CTE programs of study. The board adopted additional revisions to the subchapter in January 2021 to add the financial aid application graduation requirement in accordance with HB 3, 86th Texas Legislature, 2019.

Proposed amendments to 19 TAC Chapter 74, Subchapter B, are presented for discussion as a separate item in this agenda. The proposed amendments include updating rules related to the foundation high school program to align with recent legislation, update course titles, add new courses to satisfy specific graduation requirements, and make technical edits.

Subchapter C, Other Provisions

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 the New Testament and their impact on the history and literature of Western civilization; public school physical education curriculum; and requirements for instruction in CPR.

In June 2018, the SBOE adopted amendments to rules related to dyslexia and related disorders, instruction on interactions with peace officers, and credit by examination. The 85th Texas Legislature, Regular Session, 2017, passed HB 1886 amending TEC, §38.003, to specify that a student enrolled in public school must be screened or tested, as appropriate, for dyslexia and related disorders at appropriate times in accordance with a program approved by the SBOE. The changes adopted by the SBOE in June 2018 clarified the screening requirement and student access for services. SB 30, 85th Texas Legislature, Regular Session, 2017, added TEC, §28.012, to require the SBOE to enter into a memorandum of understanding with TCOLE to establish the respective responsibilities of each agency in developing instruction, including curriculum and instructional modules, on proper interaction with peace officers during traffic stops and other in-person encounters. The SBOE adopted new rules for the instruction in interactions with peace officers, as required by SB 30. The changes to rules on credit by examination amended the provisions related to test development and validation.

TEC, §38.003(c), requires the SBOE to adopt any rules and standards necessary to administer requirements for screening and services for dyslexia and related disorders under TEC, §38.003. In February 2019, the SBOE adopted in rule the updated Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders (Dyslexia Handbook). In September 2019, the board adopted an amendment to the rule to require school districts and open-enrollment charter schools to report to the TEA through the Texas Student Data System (TSDS) Public Education Information Management System (PEIMS) the results of screening for dyslexia and related disorders to support administration of TEC, §38.003, requirements.

In November 2019, the board adopted an amendment to modify the requirements for approval of innovative courses, to specify that innovative courses cannot be approved if they substantially duplicate the content of TEKS-based courses, and to add requirements for review of ethnic studies innovative courses approved by the commissioner. In January 2020, the board adopted an amendment to clarify that a district may award credit proportionately for successful completion of half of a course regardless of the time duration of the course. In September 2021, the board adopted updates to the Dyslexia Handbook adopted as Figure: 19 TAC §74.28(c) to clarify requirements related to student evaluation and the required dyslexia screening for students in Kindergarten and Grade 1. No additional changes to 19 TAC Chapter 74, Subchapter C, are recommended at this time.

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; Subchapter G, Graduation Requirements, Beginning with School Year 2012-2013

Subchapter D specifies 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.

As a result of this review, it was determined that the graduation requirements in 19 TAC Chapter 74, Subchapters D and E, are out-of-date and no longer necessary. The proposed repeal of 19 TAC Chapter 74, Subchapters D and E, is presented for first reading and filing authorization as a separate item in this agenda. No additional changes to 19 TAC Chapter 74, Subchapters F and G, are recommended as a result of the review.

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 https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-code/19-tac-chapter-74.

If authorized by the SBOE, the TEA will file the adopted review with the Texas Register stating that the SBOE finds the reasons for adopting 19 TAC Chapter 74 continue to exist. The filing of the 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.

PUBLIC COMMENTS: TEA filed the notice of proposed review of 19 TAC Chapter 74, Subchapters A-G, with the Texas Register following the September 2021 SBOE meeting. The public comment period on the proposed review began October 8, 2021, and ended at 5:00 p.m. on November 12, 2021. At the time this item was prepared, no comments had been received regarding this review. Any public comments received will be provided to the SBOE during the November 2021 meeting. The SBOE will take registered oral and written comments on the proposed review at the committee meeting in November 2021 in accordance with the SBOE board operating policies and procedures.

MOTION TO BE CONSIDERED: The State Board of Education:

Adopt the review of 19 TAC Chapter 74, Curriculum Requirements.

Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support