November 2018 Committee on Instruction Item 4

Proposed New 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, Adopted 2013, §117.327, International Baccalaureate (IB) Film Standard Level (SL) (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (HL) (Two Credits)
(First Reading and Filing Authorization)

November 16, 2018

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION


SUMMARY: This item presents for first reading and filing authorization proposed new 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, Adopted 2013, §117.327, International Baccalaureate (IB) Film Standard Level (SL) (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (HL) (Two Credits). The proposed new rules would add two IB courses to the fine arts Texas Essential Knowledge and Skills (TEKS) to align with current course offerings by the International Baccalaureate Organization.

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 to by rule 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 to by rule 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 new rules is August 26, 2019.

PREVIOUS BOARD ACTION:
The SBOE adopted the TEKS for fine arts effective September 1, 1998. Amendments to the fine arts TEKS were last adopted effective July 28, 2013.

The SBOE approved revisions to IB courses in 19 TAC Chapters 110, 111, 112, and 114 for second reading and final adoption at the January-February 2018 meeting. The SBOE approved revisions to AP and IB courses in 19 TAC Chapters 112, 113, 118, and 126 for second reading and final adoption at the April 2018 meeting. The board aligned the rules with additional course offerings by the IB organization and updated the amount of credit available for IB and AP courses.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
In order for students to earn state credit toward specific graduation requirements, a course must be approved by the SBOE and included in administrative rule. At the September 2017 SBOE meeting, the committee discussed IB courses that are not currently included in SBOE rule and considerations regarding the appropriate amount of state credit that should be awarded for IB courses. At that time, the board requested that agency staff prepare rule text to address these issues and requested that staff balance the chapters that would be updated over two different meetings. At the January-February 2018 meeting, the SBOE approved revisions to English language arts and reading, mathematics, science, and languages other than English IB courses for second reading and final adoption. The SBOE's approval included the addition of eight IB courses to SBOE rules and updates that increased the amount of credit available for 17 IB courses currently in rule. The revisions became effective August 27, 2018.

At the April 2018 meeting, the SBOE approved for second reading and final adoption revisions to align the TEKS in science, social studies, economics, and technology applications with additional IB course offerings and update the amount of credit available for both IB and AP courses in these subject areas. The SBOE's approval included the addition of nine IB courses to SBOE rules and updates to the amount of credit available for seven AP and IB courses currently in rule. The revisions became effective August 27, 2018.

In spring 2015, IB Film Standard Level and IB Film Higher Level were approved as innovative courses by the commissioner of education for use beginning with the 2016-2017 school year. School districts and open-enrollment charter schools may offer any state-approved innovative course for elective credit with the approval of the local board of trustees.

The SBOE discussed the addition of IB film courses to the fine arts TEKS at the September 2018 meeting. At that time, the SBOE asked staff to prepare proposed rules to add these two courses to the fine arts TEKS. The SBOE also asked staff to draft proposed amendments to Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, showing options to allow these two courses to satisfy the fine arts graduation requirement.

Attachment II reflects the text of proposed new §117.327, International Baccalaureate (IB) Film Standard Level (SL) (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (HL) (Two Credits). The new courses would be effective beginning with the 2019-2020 school year.

FISCAL IMPACT: The Texas Education Agency (TEA) has determined that that there are no additional costs to persons or entities required to comply with the proposed new rules. 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 that the proposed rules are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed new rules do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are not subject to Texas Government Code, §2001.0045.

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 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, limit, or repeal 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 AND STUDENT BENEFIT:
The proposed new rules would add TEKS-based IB courses to allow students more flexibility in meeting state requirements for graduation.

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

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

PUBLIC COMMENTS: The public comment period will begin when the proposal, approved for first reading and filing authorization by the SBOE, 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 new 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, Adopted 2013, §117.327, International Baccalaureate (IB) Film Standard Level (SL) (Two Credits), and §117.328, International Baccalaureate (IB) Film Higher Level (HL) (Two Credits).

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

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachment I:
  Statutory Citations

Attachment II:  Text of Proposed New 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, Adopted 2013, §117.327, International Baccalaureate (IB) Film Standard Level (SL)
(Two Credits)
, and §117.328, International Baccalaureate (IB) Film Higher Level (HL) (Two Credits)