June 2023 Committee on Instruction Item 1

Proposed Repeal of 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter I, Health Science, §127.411; Subchapter M, Law and Public Service, §127.633; Subchapter O, Science, Technology, Engineering, and Mathematics, §§127.744, 127.756, 127.757, 127.765, 127.769, and 127.770
(Second Reading and Final Adoption)

June 23, 2023

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT

SUMMARY: This item presents for second reading and final adoption the proposed repeal of 19 Texas Administrative Code (TAC), Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter I, Health Science, §127.411, Pharmacology (One Credit), Adopted 2015; Subchapter M, Law and Public Service, §127.633, Forensic Science (One Credit), Adopted 2015; Subchapter O, Science, Technology, Engineering, and Mathematics, §127.744, Principles of Biosciences (One Credit), Adopted 2015; §127.756, Biotechnology I (One Credit), Adopted 2015; §127.757, Biotechnology II (One Credit), Adopted 2015; §127.765, Digital Forensics (One Credit), Beginning with School Year 2019-2020; §127.769, Foundations of Cybersecurity (One Credit); and §127.770, Cybersecurity Capstone (One Credit). The proposed repeals would remove the Texas Essential Knowledge and Skills (TEKS) for eight career and technical education (CTE) courses that will be superseded by 19 TAC §§127.428, 127.652, 127.778, 127.779, 127.780, 127.792, 127.793, and 127.794 beginning with the 2023-2024 school year. No changes are recommended since approved for first reading.

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, 2023. 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 2024-2025 school year. The earlier effective date would repeal sections to avoid confusion with new TEKS that are being implemented at the beginning of the 2023-2024 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, 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. In 2020, the SBOE approved revisions to the CTE TEKS in 19 TAC Chapter 130, Subchapters A, C, K, O, and Q, effective August 1, 2020.

At the November 2021 meeting, the board approved new CTE TEKS in 19 TAC Chapter 127, Subchapters G, I, J, M, and O, effective April 26, 2022. At the January 2022 SBOE meeting, the board approved the repeal of CTE TEKS in 19 TAC Chapter 130, Subchapters E, G, H, I, L, and O, and new CTE TEKS in 19 TAC Chapter 127, Subchapters G, I, J, M, and O, effective April 7, 2022. The board approved new CTE TEKS in 19 TAC Chapter 127, Subchapters G and O, at the April 2022 meeting, effective June 14, 2022. At the June 2022 meeting, the board approved the repeal of CTE TEKS in 19 TAC Chapter 127, Subchapters G, I, and O, and Chapter 130, Subchapter J, effective August 1, 2022, and approved new CTE TEKS in 19 TAC Chapter 127, Subchapter O, effective August 7, 2022.

At the April 2023 SBOE meeting, the board approved for first reading and filing authorization proposed repeal of 19 TAC, Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter I, Health Science, §127.411, Pharmacology (One Credit), Adopted 2015; Subchapter M, Law and Public Service, §127.633, Forensic Science (One Credit), Adopted 2015; Subchapter O, Science, Technology, Engineering, and Mathematics, §127.744, Principles of Biosciences (One Credit), Adopted 2015; §127.756, Biotechnology I (One Credit), Adopted 2015; §127.757, Biotechnology II (One Credit), Adopted 2015; §127.765, Digital Forensics (One Credit), Beginning with School Year 2019-2020; §127.769, Foundations of Cybersecurity (One Credit); and §127.770, Cybersecurity Capstone (One Credit).

BACKGROUND INFORMATION AND JUSTIFICATION: The TEKS for courses associated with 17 CTE career clusters are codified by subchapter in 19 TAC Chapters 127 and 130. 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 career clusters. Two additional courses eligible to satisfy a graduation requirement in science were also part of the review. The board approved for second reading and final adoption new TEKS for these courses in November 2021 and January, April, and June 2022.

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

The proposed repeal would remove the TEKS for eight CTE courses that will be superseded by new TEKS in 19 TAC §§127.428, 127.652, 127.778, 127.779, 127.780, 127.792, 127.793, and 127.794, beginning with the 2023-2024 school year.

The board approved the proposed repeal of 19 TAC Chapter 127, §§127.411, 127.633, 127.744, 127.756, 127.757, 127.761, 127.764, 127.765, 127.769, and 127.770 for first reading and filing authorization at its April 2023 meeting.

Due to the volume of the text proposed to be repealed, the rule text is not included as an attachment in this agenda. However, the rules can be found on the Texas Education Agency (TEA) website at https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-cod….

FISCAL IMPACT: No changes have been made to this section since published as proposed.

TEA has determined that there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed.

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: No changes have been made to this section since published as proposed.

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: No changes have been made to this section since published as proposed.

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: No changes have been made to this section since published as proposed.

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: No changes have been made to this section since published as proposed.

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: No changes have been made to this section since published as proposed.

The proposed repeals would remove the TEKS for eight CTE courses that will be superseded by 19 TAC §§127.428, 127.652, 127.778, 127.779, 127.780, 127.792, 127.793, and 127.794 beginning with the 2023-2024 school year. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed.

The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed.

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: Following the April 2023 SBOE meeting, notice of the proposed repeals was filed with the Texas Register, initiating the public comment period. The public comment period began May 12, 2023, and ended at 5:00 p.m. on June 16, 2023. No comments had been received at the time this item was prepared. A summary of public comments received will be provided to the SBOE during the June 2023 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in June 2023 in accordance with the SBOE board operating policies and procedures.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for second reading and final adoption the proposed repeal of 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter I, Health Science, §127.411, Pharmacology (One Credit), Adopted 2015; Subchapter M, Law and Public Service, §127.633, Forensic Science (One Credit), Adopted 2015; Subchapter O, Science, Technology, Engineering, and Mathematics, §127.744, Principles of Biosciences (One Credit), Adopted 2015; §127.756, Biotechnology I (One Credit), Adopted 2015; §127.757, Biotechnology II (One Credit), Adopted 2015; §127.765, Digital Forensics (One Credit), Beginning with School Year 2019-2020; §127.769, Foundations of Cybersecurity (One Credit); and §127.770, Cybersecurity Capstone (One Credit); and

Make an affirmative finding that immediate adoption of the proposed repeal of 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter I, Health Science, §127.411, Pharmacology (One Credit), Adopted 2015; Subchapter M, Law and Public Service, §127.633, Forensic Science (One Credit), Adopted 2015; Subchapter O, Science, Technology, Engineering, and Mathematics, §127.744, Principles of Biosciences (One Credit), Adopted 2015; §127.756, Biotechnology I (One Credit), Adopted 2015; §127.757, Biotechnology II (One Credit), Adopted 2015; §127.765, Digital Forensics (One Credit), Beginning with School Year 2019-2020; §127.769, Foundations of Cybersecurity (One Credit); and §127.770, Cybersecurity Capstone (One Credit), is necessary and shall have an effective date of August 1, 2023. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)

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