June 2017 Committee on Instruction Item 1

Proposed Repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29
(Second Reading and Final Adoption)

June 23, 2017

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for elementary, middle, and high school languages other than English (LOTE), and related implementation language, that will be superseded by new 19 TAC §§114.3, 114.4, 114.13, 114.14, and 114.31-114.52 beginning with the 2017-2018 school year.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.

TEC, §28.002, 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 addressed on the state assessment instruments.

TEC, §28.025, 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.

EFFECTIVE DATE: The proposed effective date of the proposed repeal is August 28, 2017. 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 2018-2019 school year. The earlier effective date will remove the superseded rules at the same time the new rules take effect.

PREVIOUS BOARD ACTION: The SBOE adopted the LOTE TEKS effective September 1, 1998. In April 2014, the SBOE adopted revisions to the LOTE TEKS effective July 15, 2014. In September 2014, the SBOE adopted new LOTE TEKS for classical languages effective November 3, 2014. The revised LOTE TEKS adopted in 2014 will be implemented beginning with the 2017-2018 school year. The SBOE approved the proposed repeal of 19 TAC Chapter 114, Subchapters A-C, for first reading and filing authorization at the April 2017 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBOE adopted proposed revisions to the LOTE TEKS in 2014 for implementation in the 2017-2018 school year. With the implementation of the new LOTE TEKS in 19 TAC §§114.3, 114.4, 114.13, 114.14, and 114.31-114.52, scheduled for August 28, 2017, the current TEKS in 19 TAC §§114.1, 114.2, 114.11, 114.12, and 114.21-114.29 are no longer needed and may now be repealed.

Attachment II reflects the text of proposed repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29, for consideration by the SBOE for second reading and final adoption.

FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed repeal. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy for the first five years that the proposed repeal is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC AND STUDENT BENEFIT: Benefits include better alignment of the TEKS and coordination of the standards with the adoption of instructional materials.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed repeal would have no procedural and reporting requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed repeal would have no locally maintained paperwork requirements.

PUBLIC COMMENTS: Following the April 2017 SBOE meeting, notice of the proposed repeal of 19 TAC Chapter 114, Subchapters A-C, was filed with the Texas Register, initiating the official public comment period. No comments had been received at the time this item was prepared. A summary of any public comments received regarding the proposal will be provided to the SBOE during the June 2017 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES:
None.

MOTION TO BE CONSIDERED: The State Board of Education:

By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption proposed repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29, with an effective date of August 28, 2017.

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachments:
I. Statutory Citations (PDF, 52KB)
II. Text of Proposed Repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29 (PDF, 104KB)