April 2022 Committee on Instruction Item 1

Proposed Repeal of 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §§115.1-115.7, Subchapter B, Middle School, §§115.21-115.23, and Subchapter C, High School, §§115.31-115.33
(First Reading and Filing Authorization)

April 8, 2022

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: This item presents for first reading and filing authorization the proposed repeal of 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §115.1, Implementation of Texas Essential Knowledge and Skills for Health Education, Elementary; §115.2, Health Education, Kindergarten; §115.3, Health Education, Grade 1; §115.4, Health Education, Grade 2; §115.5, Health Education, Grade 3; §115.6, Health Education, Grade 4; and §115.7, Health Education, Grade 5; Subchapter B, Middle School, §115.21, Implementation of Texas Essential Knowledge and Skills for Health Education, Middle School; §115.22, Health Education, Grade 6; and §115.23, Health Education, Grade 7-8; and Subchapter C, High School, §115.31, Implementation of Texas Essential Knowledge and Skills for Health Education, High School; §115.32, Health 1, Grades 9-10 (One-Half Credit); and §115.33, Advanced Health, Grades 11-12 (One-Half Credit). The proposed repeals would remove the Texas Essential Knowledge and Skills (TEKS) for Kindergarten-Grade 12 health education and related implementation language that will be superseded by 19 TAC §§115.11-115.17, 115.25-115.28, and 115.37-115.40 beginning with the 2022-2023 school year.

STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(4) and §28.002(a) and (c).

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 identify by rule 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.

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 repeals is August 1, 2022. 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 2023-2024 school year. The earlier effective date would repeal superseded TEKS to avoid confusion with new TEKS that are being implemented at the beginning of the 2022-2023 school year.

PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for health education effective September 1, 1998. On August 26, 2013, and August 28, 2017, the SBOE adopted amendments to the TEKS for Chapter 115, Subchapter B. Additionally, on August 28, 2017, the SBOE adopted revisions to the TEKS for Chapter 115, Subchapter C. A discussion item was presented to the Committee of the Full Board at the June-July 2020 SBOE meeting. At the September 2020 SBOE meeting, the board approved for first reading and filing authorization proposed new §§115.11-115.17, 115.25-115.28, and 115.37-115.40. At the November 2020 SBOE meeting, the board approved for second reading and final adoption proposed new §§115.11-115.17, 115.25-115.28, and 115.37-115.40 with an effective date of August 1, 2022.

BACKGROUND INFORMATION AND JUSTIFICATION: In accordance with statutory requirements that the SBOE by rule identify the essential knowledge and skills of each subject in the required curriculum, the SBOE follows a board-approved cycle to review and revise the essential knowledge and skills for each subject.

At the November 2020 SBOE meeting, the board approved for second reading and final adoption proposed new §§115.11-115.17, 115.25-115.28, and 115.37-115.40 to be implemented beginning in the 2022-2023 school year.

The proposed repeals would remove sections that will be superseded by §§115.11-115.17, 115.25-115.28, and 115.37-115.40 effective August 1, 2022.

The text of the proposed repeal of Chapter 115, Subchapter A, §§115.1-115.7, Subchapter B, §§115.21-115.23, and Subchapter C, §§115.31-115.33, is not included as an attachment to this item due to the volume of rules; however, the rules are viewable on the Texas Education Agency (TEA) website at https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-code/19-tac-chapter-115.

The proposed repeal was not presented as a discussion item. The SBOE, however, may wish to consider this item for first reading and filing authorization as authorized under its operating procedures. It is recommended that the SBOE consider this item for first reading and filing authorization to ensure that the existing rules in Chapter 115 can be repealed beginning with the 2022-2023 school year.

FISCAL IMPACT: TEA has determined that there are no additional costs to state or local government required to comply with the proposal.

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. During the first five years, the proposed rulemaking would be in effect, it would repeal existing regulations by removing health education TEKS that will be superseded by a newly adopted set of TEKS.

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 or limit 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 proposed repeals would remove the TEKS for Kindergarten-Grade 12 health education and related implementation language that will be superseded by §§115.11-115.17, 115.25-115.28, and 115.37-115.40 beginning with the 2022-2023 school year. 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 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 on the proposal begins May 6, 2022, and ends at 5:00 p.m. on June 10, 2022. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in June 2022 in accordance with the SBOE board operating policies and procedures. 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 on May 6, 2022.

MOTION TO BE CONSIDERED: The State Board of Education:

Suspend the board operating procedures in accordance with §5.2(a) to allow consideration at first reading and filing authorization; and

Approve for first reading and filing authorization the proposed repeal of 19 TAC Chapter 115, Texas Essential Knowledge and Skills for Health Education, Subchapter A, Elementary, §115.1, Implementation of Texas Essential Knowledge and Skills for Health Education, Elementary; §115.2, Health Education, Kindergarten; §115.3, Health Education, Grade 1; §115.4, Health Education, Grade 2; §115.5, Health Education, Grade 3; §115.6, Health Education, Grade 4; and §115.7, Health Education, Grade 5; Subchapter B, Middle School, §115.21, Implementation of Texas Essential Knowledge and Skills for Health Education, Middle School; §115.22, Health Education, Grade 6; and §115.23, Health Education, Grade 7-8; and Subchapter C, High School, §115.31, Implementation of Texas Essential Knowledge and Skills for Health Education, High School; §115.32, Health 1, Grades 9-10 (One-Half Credit); and §115.33, Advanced Health, Grades 11-12 (One-Half Credit).

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