November 2017 Committee of the Full Board Wednesday Item 3

Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements,
Subchapter B, Graduation Requirements
(First Reading and Filing Authorization)

November 10, 2017

COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, to update the rules and align with recent legislative changes.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002, as amended by House Bill (HB) 3593, 85th Texas Legislature, Regular Session, 2017; 28.018, as added by HB 728, 85th Texas Legislature, Regular Session, 2017; and 28.025, as amended by HB 3593, Senate Bill (SB) 30, SB 463, SB 671, and SB 826, 85th Texas Legislature, Regular Session, 2017.

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

TEC, §28.002, as amended by HB 3593, 85th Texas Legislature, Regular Session, 2017, 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, §28.018, as added by HB 728, 85th Texas Legislature, Regular Session, 2017, requires the SBOE by rule to develop and implement a program under which students may comply with the curriculum requirements for an advanced mathematics credit or an advanced science credit by successfully completing an advanced computer science course.

TEC, §28.025(a), requires the SBOE by rule to determine the curriculum requirements for the foundation high school program that are consistent with the required curriculum and to designate the specific courses in the foundation curriculum that are required under the foundation high school program.

TEC, §28.025(b-1), requires the SBOE by rule to require that the curriculum requirements for the foundation high school program include a requirement that students successfully complete four credits in English language arts, including one credit in English I, one credit in English II, one credit in English III, and one credit in an advanced English course; three credits in mathematics, including one credit in Algebra I, one credit in geometry, and one credit in any advanced mathematics course; three credits in science, including one credit in biology, one credit in any advanced science course, and one credit in integrated physics and chemistry or in an additional advanced science course; three credits in social studies, including one credit in United States history, at least one-half credit in government and at least one-half credit in economics, and one credit in world geography or world history; two credits in the same language in a language other than English; five elective credits; one credit in fine arts; and one credit in physical education.

TEC, §28.025(b-2), as amended by SB 826, 85th Texas Legislature, Regular Session, 2017, requires the SBOE, in adopting rules, to provide for a student to comply with the curriculum requirements for an advanced English course, advanced mathematics course, and an advanced science course by successfully completing a course in the appropriate content area that has been approved as an advanced course by board rule or that is offered as an advanced course for credit without board approval as provided by the TEC, §28.002(g-1). TEC, §28.025(b-2), also requires the SBOE, in adopting rules, to allow a student to comply with the curriculum requirements for the third and fourth mathematics credits or the third and fourth science credits under the TEC, §28.025(b-1)(1), by successfully completing an advanced career and technical education course designated by the SBOE as containing substantively similar and rigorous academic content.

TEC, §28.025(b-3), requires the SBOE, in adopting rules for purposes of the TEC, §28.025(b-2), to approve a variety of advanced English, mathematics, and science courses that may be taken to comply with the foundation high school program requirements, provided that each approved course prepares students to enter the workforce successfully or postsecondary education without remediation.

TEC, §28.025(c-2), requires the SBOE, in adopting rules, to require a student in order to earn any endorsement to successfully complete four credits in mathematics, which must include Algebra I, geometry, and two advanced mathematics courses; four credits in science, which must include biology, integrated physics and chemistry or an additional advanced science course, and two advanced science courses or an advanced career and technology course; and two additional elective credits. The SBOE, in adopting rules, is also required to develop additional curriculum requirements for each endorsement with the direct participation of educators and business, labor, and industry representatives and to require each school district to report to the agency the categories of endorsements for which the district offers all courses for curriculum requirements, as determined by board rule.

EFFECTIVE DATE:
The proposed effective date of the proposed amendments to 19 TAC Chapter 74, Subchapter B, is August 27, 2018.

PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 74, Subchapter B, to implement the Foundation High School Program effective July 8, 2014. The SBOE adopted amendments to 19 TAC Chapter 74, Subchapter B, effective August 22, 2016, and last adopted amendments effective August 28, 2017.

Proposed amendments to 19 TAC Chapter 74, Subchapter B, were presented to the Committee of the Full Board for discussion at the September 2017 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The 83rd Texas Legislature, Regular Session, 2013, passed HB 5, amending the TEC, §28.025, to transition from three high school graduation programs to one foundation high school program with endorsement options to increase flexibility for students. HB 5 gave the SBOE the authority to identify advanced courses related to the new graduation program, identify the curriculum requirements for the endorsements, and determine the requirements for performance acknowledgments related to the new graduation program.

The 85th Texas Legislature, Regular Session, 2017, passed SB 826, amending the TEC, §28.025(b-2), to eliminate course sequencing requirements in English language arts and reading and mathematics under the foundation high school program. HB 728, passed by the 85th Texas Legislature, Regular Session, 2017, added new TEC, §28.018, to require the SBOE by rule to develop and implement a program under which students may comply with the curriculum requirements for an advanced mathematics credit or an advanced science credit by successfully completing an advanced computer science course. HB 3593, passed by the 85th Texas Legislature, Regular Session, 2017, amended TEC, §28.025(b-12), to allow students to comply with the curriculum requirements for two credits in a language other than English by substituting two credits in computer programming languages, including computer coding. HB 3593 also amended TEC, §28.025(c-1)(1), to add cybersecurity and computer coding to the courses to be included in a science, technology, engineering, and mathematics (STEM) endorsement. HB 3593 also added TEC, §28.025(c-10), to require the SBOE to adopt or select five technology applications courses to be included in a cybersecurity pathway for the STEM endorsement. SB 671, passed by the 85th Texas Legislature, Regular Session, 2017, added TEC, §28.025(b-21), to require the SBOE to adopt criteria to allow a student to comply with the curriculum requirement for one credit in a language other than English by successfully completing a dual language immersion program at an elementary school.

At the September 2017 meeting, the committee discussed changes to align the rules with recent legislative changes. At that time, the committee provided direction on proposed changes and requested that staff move forward with updates to the rule text reflecting the committee's direction to be presented for first reading and filing authorization. Changes to the rules would be effective beginning with the 2018-2019 school year.

The text of the proposed amendments to 19 TAC Chapter 74, Subchapter B, will be provided as a separate exhibit to the SBOE for first reading and filing authorization prior to the November 2017 SBOE meeting. Following is a description of some of the changes to 19 TAC Chapter 74, Subchapter B.

Section 74.11, High School Graduation Requirements, would be amended to add the requirement that each district annually report to the Texas Education Agency (TEA) the names of courses approved by the board of trustees and the institutions of higher education in which the district's students have enrolled as part of locally developed cybersecurity programs, as required by HB 3593.

Section 74.12, Foundation High School Program, would be amended to eliminate course sequencing requirements in English language arts and reading under the foundation high school program, as required by SB 826.

Section 74.12 would also be amended to update language that references computer programming languages to include computer coding to align with HB 3593 and to add language specifying the criteria required for a student who successfully completes a dual language immersion program under TEC, §28.0051, at an elementary school to satisfy one credit of the two credits required in a language other than English, as required by SB 671. Section 74.12 would also be amended to update a course title to align with the new Texas Essential Knowledge and Skills (TEKS) for career and technical education adopted in 2015.

Section 74.13, Endorsements, would be amended to update the languages other than English courses that may satisfy requirements for an arts and humanities endorsement and to allow certain AP and IB courses to satisfy requirements for four credits in English under a multidisciplinary studies endorsement.

FISCAL IMPACT: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed amendments. In addition, there is 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. There is no effect on local economy for the first five years the proposed amendments are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendments do not impose a cost on regulated persons and, therefore, are not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT: The TEA staff has determined that the proposed amendments do not have a government growth impact pursuant to Texas Government Code, §2001.0221.

PUBLIC AND STUDENT BENEFIT: Benefits include added flexibility in course options for students to meet high school graduation requirements.

PROCEDURAL AND REPORTING IMPLICATIONS:
The proposed amendments would have procedural and reporting implications. TEC, §28.002(g-2), requires that TEA make available to other districts the information reported to the TEA about cybersecurity courses, programs, institutions of higher education, and internships in which students in a district or charter school have enrolled. Districts and charter schools that elect to offer cybersecurity courses under TEC, §28.002(g-2), are required to report the course(s).

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

PUBLIC COMMENTS:
The official public comment period will begin when the proposal, approved for first reading and filing authorization, is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: 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.

MOTION TO BE CONSIDERED:
The State Board of Education:

Approve for first reading and filing authorization proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements.

Staff Members Responsible:

Monica Martinez, Associate Commissioner
Standards and Support Services

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachment:
Statutory Citations (PDF, 61KB)

Separate Exhibit:
Text of Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements (PDF, 132KB)
(to be provided prior to the November 2017 SBOE meeting)