November 2022 Committee on Instruction Item 6
Consideration of Petition for Amendment of Rule Concerning 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program
November 18, 2022
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: A petition to amend 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program, has been received from the Texas Speech Communication Association. The petition requests that the rule be amended to allow Oral Interpretation I-III to satisfy a fine arts graduation requirement. This item provides an opportunity for the State Board of Education (SBOE) to consider the petition.
STATUTORY AUTHORITY: Texas Government Code (TGC), §2001.021; Texas Education Code (TEC), §28.002 and §28.025; and 19 TAC §30.1.
Texas Government Code, §2001.021, provides that any interested person may petition a state agency adopt a rule change. It also requires a state agency to either deny the petition in writing or initiate rulemaking proceedings.
TEC, §28.002, identifies the subjects of the required curriculum and 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.
TEC, §28.025, requires the SBOE to determine by rule the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under the TEC, §28.002.
19 TAC §30.1 allows any interested person to petition the SBOE for the adoption, amendment, or repeal of an SBOE rule and establishes the procedures for the review of a petition for a rule change.
The full text of statutory citations can be found in the statutory authority section of this agenda.
BACKGROUND INFORMATION AND JUSTIFICATION: Ms. Lacy Cannon of the Texas Speech Communication Association submitted to the SBOE a petition requesting that Oral Interpretation I, II, and III satisfy the one-credit fine arts graduation requirement. Specifically, the petitioner has requested the SBOE amend 19 TAC §74.12(b)(7) by adding new §74.12(b)(7)(C) to read, "In accordance with local district policy, credit may be earned through participation in Oral Interpretation I, II, or III." The petitioner also recommended adding new §74.12(b)(7)(D) to specify that no more than four credits may be earned through any combination of Oral Interpretation I-III. The petitioner stated that the Texas Essential Knowledge and Skills (TEKS) for Oral Interpretation I-III are performative in nature and are, therefore, aligned with the spirit of the fine arts. The petitioner stated that, "Oral Interpretation is also a quintessential example of a subject that embraces the fine arts. Through the study, analysis, and verbal performance of literature, students develop an appreciation for and more thorough grasp of the fine arts." The petition, which provides the petitioner's rationale and justification, is presented in the attachment of this item.
State law requires the SBOE to determine by rule the curriculum requirements for the Foundation High School Program for graduation. In accordance with TEC, §28.025(b-1)(7), the SBOE must include a requirement that students successfully complete one credit in fine arts. The SBOE rule for the Foundation High School Program is outlined in 19 TAC §74.12.
Fine arts courses in art, dance, music, music studies, theatre, floral design, digital art and animation, and 3-D modeling and animation that may satisfy the fine arts graduation requirement are specified in 19 TAC §74.12(b)(7). A district may also allow a student to earn credit through participation in a community-based fine arts program not provided by the school district in which the student is enrolled. In order for participation in a community-based fine arts program to satisfy the state graduation credit in fine arts, instruction in the TEKS identified for a fine arts course as defined by 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, must be provided through the program. The district must also apply to the commissioner of education for approval of such programs.
Revisions to high school English elective courses in 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, including Oral Interpretation I-III, were adopted in 2010. At that time, the TEKS review committees did not recommend any English elective courses to satisfy the fine arts requirement.
The TEKS for Oral Interpretation I-III are not aligned with the standards for fine arts nor do they include all of the components included in fine arts and career and technical education courses that may currently satisfy a fine arts graduation credit. The petitioner requests that participation in Oral Interpretation I-III, rather than successful completion of one of the courses, be used to satisfy a fine arts credit requirement. Additionally, in their justification for the rule change the petitioner asks that students have the option of earning both elective credit and credit toward the fine arts graduation requirement for participation in Oral Interpretation I-III. Such a change would award two credits toward high school graduation for Oral Interpretation I-III, which are identified in rule as one-credit courses. Therefore, TEA staff recommends that the SBOE deny the petition.
MOTION TO BE CONSIDERED: The State Board of Education:
Deny the petition to amend the rule concerning fine arts courses eligible for graduation requirements because Oral Interpretation I, II, and III are not aligned with fine arts courses.
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Programs
Shelly Ramos, Senior Director, Curriculum Standards and Student Support
Attachment I:
Petition to Amend Rule Concerning Fine Arts Graduation Requirements
Attachment II:
Text of 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program