April 2022 Committee on Instruction Item 5

Proposed Repeal of 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter G, Education and Training, §§127.310, 127.312, and 127.313; Subchapter I, Health Science, §127.409; and Subchapter O, Science, Technology, Engineering, and Mathematics, §§127.753, 127.755, 127.761, and 127.764; and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.277
(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 Texas Administrative Code (TAC) Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter G, Education and Training, §127.310, Principles of Education and Training (One Credit), Adopted 2015; §127.312, Instructional Practices (Two Credits), Adopted 2015; and §127.313, Practicum in Education and Training (Two Credits), Adopted 2015; Subchapter I, Health Science, §127.409, Health Informatics (One Credit), Adopted 2015; and Subchapter O, Science, Technology, Engineering, and Mathematics, §127.753, Engineering Design and Problem Solving (One Credit), Adopted 2015; §127.755, Engineering Science (One Credit), Adopted 2015; §127.761, Fundamentals of Computer Science (One Credit); and §127.764, Computer Science III (One Credit); and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.277, Child Development (One Credit), Adopted 2015. The proposed repeals would remove the Texas Essential Knowledge and Skills (TEKS) for nine career and technical education (CTE) courses that will be superseded by 19 TAC §§127.316, 127.317, 127.325, 127.326, 127.418, 127.782, 127.785, 127.788, and 127.791 beginning with the 2022-2023 school year.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 sections 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 CTE, including career development, in 19 TAC Chapters 119-125 and 127 effective September 1, 1998. The SBOE approved revisions to the CTE TEKS in Chapter 127 and new Chapter 130, Subchapters A-P, effective August 23, 2010. In 2015, the CTE TEKS were amended effective August 28, 2017. In 2018, the SBOE adopted revisions to
19 TAC Chapter 130, Subchapters B, H, M, and O, effective March 27, 2018. The CTE TEKS were last amended in 2020 when the SBOE adopted revisions to 19 TAC Chapter 130, Subchapters A, C, K, O, and Q, effective August 1, 2020. At the November 2021 SBOE meeting, the board approved for first reading and filing authorization the proposed repeal of 19 TAC §§130.161-130.166, 130.201-130.211, 130.221-130.234, 130.251-130.263, 130.331-130.343, and 130.401-130.435, and proposed new 19 TAC §§127.309-127.314, 127.402-127.415, 127.468-127.480, 127.625-127.648, and 127.742-127.776.

BACKGROUND INFORMATION AND JUSTIFICATION: Currently, CTE TEKS for career development courses for middle and high school are codified in 19 TAC Chapter 127, Subchapters A and B. The TEKS for courses associated with 17 CTE career clusters are codified by subchapter in 19 TAC Chapter 130, Subchapters A-Q. In December 2020, the SBOE began initial steps to prepare for the review and revision of CTE courses in programs of study for the education and training, health science, and science, technology, engineering, and mathematics (STEM) career clusters. Two additional courses eligible to satisfy a graduation requirement in science were also part of the review. At the November 2021 SBOE meeting, the board approved for second reading and final adoption proposed new TEKS for these courses.

Due to the current structure of Chapter 130, there are not enough sections to add the new CTE courses under consideration in their assigned subchapters. To accommodate the addition of new and future courses, the CTE TEKS in Chapter 130 are being moved to existing 19 TAC Chapter 127, which is being renamed "Texas Essential Knowledge and Skills for Career Development and Career and Technical Education."

The proposed repeals would remove the TEKS for nine CTE courses that will be superseded by 19 TAC §§127.316, 127.317, 127.325, 127.326, 127.418, 127.782, 127.785, 127.788, and 127.791 beginning with the 2022-2023 school year.

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 sections of Chapter 127 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 CTE 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 nine CTE courses that will be superseded by §§127.316, 127.317, 127.325, 127.326, 127.418, 127.782, 127.785, 127.788, and 127.791 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 127, Texas Essential Knowledge and Skills for Career Development, Subchapter G, Education and Training, §127.310, Principles of Education and Training (One Credit), Adopted 2015; §127.312, Instructional Practices (Two Credits), Adopted 2015; and §127.313, Practicum in Education and Training (Two Credits), Adopted 2015; Subchapter I, Health Science, §127.409, Health Informatics (One Credit), Adopted 2015; and Subchapter O, Science, Technology, Engineering, and Mathematics, §127.753, Engineering Design and Problem Solving (One Credit), Adopted 2015; §127.755, Engineering Science (One Credit), Adopted 2015; §127.761, Fundamentals of Computer Science (One Credit); and §127.764, Computer Science III (One Credit); and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.277, Child Development (One Credit), Adopted 2015.

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

Attachment:
Text of Proposed Repeal of 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter G, Education and Training, §§127.310, 127.312, 127.313; Subchapter I, Health Science, §127.409; and Subchapter O, Science, Technology, Engineering, and Mathematics, §§127.753, 127.755, 127.761, 127.764; and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.277