April 2019 Committee of the Full Board Item 2

Procedural Action Related to New 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit)
(Second Reading and Final Adoption)

April 5, 2019

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

SUMMARY: In order to correct a procedural error made by the Texas Education Agency (TEA), this item presents for second reading and final adoption proposed new 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit). This action would add new Texas Essential Knowledge and Skills (TEKS) for Ethnic Studies: Mexican American Studies as adopted by the SBOE in September 2018 and would allow for implementation of the new course at the beginning of the 2019-2020 school year on the same timeline as the original adoption. No changes are recommended since approved for first reading.

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

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 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.

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 new rule is July 1, 2019. 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 2019-2020 school year. The earlier effective date will allow districts of innovation that begin school prior to the statutorily required start date to implement the new rule when they begin their school year.

PREVIOUS BOARD ACTION: At the January-February 2018 meeting, the SBOE discussed the development of TEKS for a Mexican American studies course. The SBOE again discussed the addition of a Mexican American studies course at their April 2018 meeting. At the June 2018 SBOE meeting, the board approved proposed new 19 TAC §113.50 for first reading and filing authorization. At the September 2018 SBOE meeting, the board approved proposed new 19 TAC §113.50 for second reading and final adoption. The board approved for first reading and filing authorization the procedural action related to new 19 TAC §113.50 at the January-February 2019 SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: Following June 2018 action by the SBOE to approve the original proposal for first reading and filing authorization, TEA filed the proposal for publication in the Texas Register on July 13, 2018. The filing initiated a timeline that required the filing of the rule as adopted by January 14, 2019. Because of a procedural error by TEA, the rule that was approved by the SBOE in September 2018 was not filed by the January deadline and the proposal expired. At the January-February 2019 meeting, the SBOE authorized the agency to re-file the rule using the exact language approved by the SBOE at second reading and final adoption in September 2018 in order for the rule to become effective so that the new course may be implemented beginning with the 2019-2020 school year.

The attachment to this item reflects the text of proposed new 19 TAC §113.50 for consideration by the SBOE for second reading and final adoption. No changes are recommended since approved for first reading.

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

The TEA has determined that there are no additional costs to state or local government 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 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 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 BENEFIT AND COST TO PERSONS:
No changes have been made to this section since published as proposed.

The proposal would add a new TEKS-based course option for students and increase flexibility in meeting graduation requirements. 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.

The 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 January-February 2019 SBOE meeting, notice of the procedural action related to 19 TAC §113.50 was filed with the Texas Register, initiating the public comment period. The public comment period on the proposal began February 22, 2019, and ended March 29, 2019. 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 prior to and during the April 2019 meeting. The SBOE will take registered oral and written comments on the proposal at the committee meeting in April 2019 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 proposed new 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit), as approved by the SBOE in September 2018; and

Make an affirmative finding that immediate adoption of proposed new 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit), is necessary and shall have an effective date of July 1, 2019. (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 Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support

Attachment: Text of Proposed New 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit)