April 2019 Committee of the Full Board Item 5

Proposed Repeal and New 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.36, Digital Forensics (One-Half to One Credit), Beginning with School Year 2012-2013
(First Reading and Filing Authorization)

April 5, 2019

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


SUMMARY: This item presents for first reading and filing authorization proposed repeal and new 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.36, Digital Forensics (One-Half to One Credit), Beginning with School Year 2012-2013. The proposed repeal and new rule would update the Texas Essential Knowledge and Skills (TEKS) for the Digital Forensics course and would update the amount of credit available for the course.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), and (f)(2); and 28.025(a), (c-1)(1), and (c-10).

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.

TEC, §28.002(f)(2), requires the SBOE to approve courses in cybersecurity for credit for high school graduation.

TEC, §28.025(a), 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 TEC, §28.002.

TEC, §28.025(c-1)(1), establishes that an endorsement may be earned in science, technology, engineering, and mathematics (STEM), which includes courses related to science, including environmental science; technology, including computer science, cybersecurity, and computer coding; engineering; and advanced mathematics.

TEC, §28.025(c-10), requires the SBOE to adopt or select five technology applications courses on cybersecurity to be included in a cybersecurity pathway for the science, technology, engineering, and mathematics endorsement.

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 repeal and new rule is August 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 2020-2021 school year. The earlier effective date will make the updated course available to students beginning with the 2019-2020 school year.

PREVIOUS BOARD ACTION: The SBOE adopted the technology applications TEKS effective September 1, 1998. In April 2011, the SBOE adopted revisions to the technology applications TEKS effective September 26, 2011.

BACKGROUND INFORMATION AND JUSTIFICATION: The 85th Texas Legislature, Regular Session, 2017, passed House Bill (HB) 3593, adding TEC, §28.002(f)(2), to require that the SBOE approve courses in cybersecurity for credit for high school graduation. HB 3593 amended TEC, §28.025(c-1)(1), to add cybersecurity and computer coding to the courses to be included in a STEM endorsement. HB 3593 also added TEC, §28.025(c)(10), to require that the SBOE adopt or select five technology applications courses on cybersecurity to be included in a cybersecurity pathway for the STEM endorsement.

In August 2018, a committee of secondary and postsecondary educators and business and industry representatives was selected to develop recommendations for TEKS for new cybersecurity courses for the required pathway. The committee convened for the first face-to-face meeting in Austin in September 2018 to begin working on recommendations for a TEKS-based foundational course in cybersecurity based on a Principles in Cybersecurity innovative course. The committee participated in an additional face-to-face meeting in October 2018 to develop recommendations for a second cybersecurity course that would serve as a capstone for the cybersecurity pathway. At the November 2018 meeting, the SBOE discussed proposed new TEKS for the new courses, and in December 2018 draft TEKS for the proposed courses were sent to interested stakeholders to provide feedback. In January 2019, the committee participated in another face-to-face meeting to review comments provided by interested stakeholders and to finalize recommendations for the TEKS for the two new courses.

At the January-February 2019 meeting, the SBOE approved for first reading and filing authorization proposed new TEKS for Foundations of Cybersecurity and Cybersecurity Capstone. At that meeting, the SBOE agreed with the cybersecurity TEKS committee's suggestion to make additional recommendations for amendments to the Digital Forensics course. In March 2019, the committee participated in another face-to-face meeting to review and make recommendations for adjustments to the Digital Forensics course.

The proposed rule action was not presented as a discussion item. The SBOE, however, may wish to consider this item for first reading and filing authorization as authorized under its operating procedures. Therefore, this item is presented for first reading and filing authorization consideration at this meeting. It is recommended that the SBOE consider this item for first reading and filing authorization to ensure that the revised TEKS for Digital Forensics can be implemented in the 2019-2020 school year.

The text of the proposed repeal and new 19 TAC §126.36 for consideration by the SBOE for first reading and filing authorization will be provided as a separate exhibit at the April 2019 SBOE meeting.

FISCAL IMPACT: Texas Education Agency (TEA) has determined that the proposal would have fiscal implications for state government. For fiscal year 2019, the estimated cost to the TEA to reimburse the cybersecurity TEKS committee members for travel to review the TEKS is $10,000. There would also be implications for the TEA if the state creates professional development to help teachers and administrators understand the revised TEKS. Any professional development that is created would be based on whether the TEA receives an appropriation for professional development in the next biennium.

The proposal may have fiscal implications for school districts and charter schools to implement the revised TEKS. The costs may include the need for professional development and revisions to district-developed databases, curriculum, and scope and sequence documents. Since curriculum and instruction decisions are made at the local district level, it is difficult to estimate the fiscal impact on any given district.

LOCAL EMPLOYMENT IMPACT: 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:
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: 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: 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:
TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. 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, 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: The proposal would revise the Digital Forensics course and would better align with the proposed cybersecurity pathway to increase flexibility for students in meeting graduation requirements. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: 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: The public comment period on the proposal begins May 3, 2019, and ends June 7, 2019. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in June 2019 in accordance with the SBOE board operating policies and procedures. 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 on May 3, 2019.

MOTION TO BE CONSIDERED:
The State Board of Education:

Suspend the board operating procedures in accordance with §5.2(a) to allow consideration at first reading and filing authorization; and

Approve for first reading and filing authorization proposed repeal and new 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.36, Digital Forensics (One-Half to One Credit), Beginning with School Year 2012-2013.

Staff Members Responsible:

Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support

Separate Exhibit: Text of Proposed Repeal and New 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, §126.36, Digital Forensics (One-Half to One Credit), Beginning with School Year 2012-2013
(to be provided at the April 2019 SBOE meeting)