June 2019 Committee on Instruction Item 4
June 2019 Committee on Instruction Item 4
Proposed Amendment to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit)
(Second Reading and Final Adoption)
June 14, 2019
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption a proposed amendment to
19 Texas Administrative Code (TAC) Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit). The proposed amendment would eliminate language that is outdated and no longer necessary. No changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), and (t); and 28.025(a).
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(t), requires the SBOE, in consultation with the commissioner of higher education and business and industry leaders, to develop an advanced language course that a school district may use to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment.
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.
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 amendment to 19 TAC §114.53 is August 26, 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 ensure clarity of expectations related to the Advanced Language for Career Applications course at the start of the 2019-2020 school year.
PREVIOUS BOARD ACTION: The SBOE adopted the languages other than English (LOTE) Texas Essential Knowledge and Skills (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 were implemented beginning with the 2017-2018 school year. The SBOE gave final approval to 19 TAC §114.53 at the April 2017 SBOE meeting, and the section became effective July 30, 2017. A discussion item regarding the proposed amendment to the TEKS for Advanced Language for Career Applications was presented to the Committee on Instruction at the January-February 2019 SBOE meeting. At the April 2019 SBOE meeting, the board approved for first reading and filing authorization the proposed amendment to 19 TAC §114.53.
BACKGROUND INFORMATION AND JUSTIFICATION: House Bill 1431, 84th Texas Legislature, 2015, added TEC, §28.002(t), to require that the SBOE, in consultation with the commissioner of higher education and business and industry leaders, develop an advanced language course that a school district may use to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment. In August 2016, a committee of secondary and postsecondary educators and business and industry representatives were selected to develop recommended TEKS for the advanced career-oriented LOTE course.
At the April 2017 meeting, the SBOE approved for second reading and final adoption §114.53, Advanced Language for Career Applications (One Credit). The new course was implemented in the 2017-2018 school year.
The general requirements for Advanced Language for Career Applications originally specified that the course could not be used to satisfy a LOTE requirement for an endorsement. However, at the April 2017 SBOE meeting, the board approved for second reading and final adoption language in 19 TAC §74.13, Endorsements, that allows Advanced Language for Career Applications to count toward the four levels in the same language of LOTE required to earn a LOTE arts and humanities endorsement.
The attachment to this item reflects the text of proposed amendment to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit), for consideration by the SBOE for second reading and final adoption. The proposed amendment would eliminate the specification in the TEKS that the course may not be used to satisfy a LOTE requirement for an endorsement as it is not aligned with the rule related to endorsements. No changes are recommended since approved for first reading.
FISCAL IMPACT: No changes have been made to this section since published as proposed.
The Texas Education Agency (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 a 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 real 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. 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: No changes have been made to this section since published as proposed.
The proposal would eliminate language that is outdated and may be confusing. 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 will have no new 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 April 2019 SBOE meeting, notice of the proposed amendment to 19 TAC §114.53 was filed with the Texas Register, initiating the public comment period. The public comment period on the proposal began May 3, 2019, and ended June 7, 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 June 2019 meeting. 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.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for second reading and final adoption proposed amendment to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit); and
Make an affirmative finding that immediate adoption of proposed amendment to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit), is necessary and shall have an effective date of August 26, 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 Amendment to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit)
(Second Reading and Final Adoption)
June 14, 2019
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption a proposed amendment to
19 Texas Administrative Code (TAC) Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit). The proposed amendment would eliminate language that is outdated and no longer necessary. No changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), and (t); and 28.025(a).
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(t), requires the SBOE, in consultation with the commissioner of higher education and business and industry leaders, to develop an advanced language course that a school district may use to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment.
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.
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 amendment to 19 TAC §114.53 is August 26, 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 ensure clarity of expectations related to the Advanced Language for Career Applications course at the start of the 2019-2020 school year.
PREVIOUS BOARD ACTION: The SBOE adopted the languages other than English (LOTE) Texas Essential Knowledge and Skills (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 were implemented beginning with the 2017-2018 school year. The SBOE gave final approval to 19 TAC §114.53 at the April 2017 SBOE meeting, and the section became effective July 30, 2017. A discussion item regarding the proposed amendment to the TEKS for Advanced Language for Career Applications was presented to the Committee on Instruction at the January-February 2019 SBOE meeting. At the April 2019 SBOE meeting, the board approved for first reading and filing authorization the proposed amendment to 19 TAC §114.53.
BACKGROUND INFORMATION AND JUSTIFICATION: House Bill 1431, 84th Texas Legislature, 2015, added TEC, §28.002(t), to require that the SBOE, in consultation with the commissioner of higher education and business and industry leaders, develop an advanced language course that a school district may use to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment. In August 2016, a committee of secondary and postsecondary educators and business and industry representatives were selected to develop recommended TEKS for the advanced career-oriented LOTE course.
At the April 2017 meeting, the SBOE approved for second reading and final adoption §114.53, Advanced Language for Career Applications (One Credit). The new course was implemented in the 2017-2018 school year.
The general requirements for Advanced Language for Career Applications originally specified that the course could not be used to satisfy a LOTE requirement for an endorsement. However, at the April 2017 SBOE meeting, the board approved for second reading and final adoption language in 19 TAC §74.13, Endorsements, that allows Advanced Language for Career Applications to count toward the four levels in the same language of LOTE required to earn a LOTE arts and humanities endorsement.
The attachment to this item reflects the text of proposed amendment to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit), for consideration by the SBOE for second reading and final adoption. The proposed amendment would eliminate the specification in the TEKS that the course may not be used to satisfy a LOTE requirement for an endorsement as it is not aligned with the rule related to endorsements. No changes are recommended since approved for first reading.
FISCAL IMPACT: No changes have been made to this section since published as proposed.
The Texas Education Agency (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 a 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 real 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. 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: No changes have been made to this section since published as proposed.
The proposal would eliminate language that is outdated and may be confusing. 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 will have no new 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 April 2019 SBOE meeting, notice of the proposed amendment to 19 TAC §114.53 was filed with the Texas Register, initiating the public comment period. The public comment period on the proposal began May 3, 2019, and ended June 7, 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 June 2019 meeting. 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.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for second reading and final adoption proposed amendment to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit); and
Make an affirmative finding that immediate adoption of proposed amendment to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit), is necessary and shall have an effective date of August 26, 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 Amendment to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit)