Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter O, Science, Technology, Engineering, and Mathematics, §§127.788-127.794
(Second Reading and Final Adoption)

June 17, 2022

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

SUMMARY: This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter O, Science, Technology, Engineering, and Mathematics, §127.788, Fundamentals of Computer Science (One Credit), Adopted 2022; §127.789, Computer Science I (One Credit), Adopted 2022; §127.790, Computer Science II (One Credit), Adopted 2022; §127.791, Computer Science III (One Credit), Adopted 2022; §127.792, Foundations of Cybersecurity (One Credit), Adopted 2022; §127.793, Digital Forensics (One Credit), Adopted 2022; and §127.794, Cybersecurity Capstone (One Credit), Adopted 2022. The proposed new rules would update the Texas Essential Knowledge and Skills (TEKS) for the high school cybersecurity and computer science courses to ensure the standards remain current. No changes are recommended since approved for first reading.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), (c-3), 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 identify by rule 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(c-3), requires the SBOE to adopt rules for technology applications in Kindergarten-Grade 8 that include coding, computer programming, computational thinking, and cybersecurity.

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 determine by rule the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under TEC, §28.002, and to designate the specific courses in the foundation curriculum that are required under the foundation high school program.

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 STEM 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 new sections is 20 days after filing as adopted with the Texas Register. 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 2023-2024 school year. The earlier effective date will enable districts to begin preparing for implementation of the revised career and technical education (CTE) TEKS.

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. The SBOE adopted the TEKS for Foundations of Cybersecurity and Cybersecurity Capstone effective for the 2019-2020 school year. In 2020, the SBOE approved the consolidation of the high school technology applications courses, which included courses in computer science, cybersecurity, and digital forensics, into the CTE TEKS. A discussion item on proposed revisions to the computer science courses was presented to the board at the June 2021 SBOE meeting. A discussion item on proposed revisions to the TEKS for the three cybersecurity courses was presented to the board at the January 2022 SBOE meeting. The board approved for first reading and filing authorization proposed new §§127.788-127.794 at the April 2022 SBOE meeting.

In November 2021, the board approved for second reading and final adoption proposed new CTE TEKS for certain courses in the health science, education and training, hospitality and tourism, law and public safety, and STEM programs of study. The new CTE TEKS will be implemented over the course of three school years from 2022-2023 to 2024-2025.

BACKGROUND INFORMATION AND JUSTIFICATION: In accordance with statutory requirements that the SBOE by rule identify the essential knowledge and skills of each subject in the required curriculum, the SBOE follows a board-approved cycle to review and revise the essential knowledge and skills for each subject.

At the January 2021 meeting, the board held a work session to discuss the timeline for the TEKS review and revision process and associated activities, including updates to State Board for Educator Certification teacher assignment rules and certification examinations, adoption of instructional materials, and the completion of the Texas Resource Review. Texas Education Agency (TEA) staff provided an overview of CTE programs of study and a skills gap analysis that is being completed to inform review and revision of the CTE TEKS.

Also during the January 2021 meeting, staff provided an update on plans for the review and revision of CTE courses that satisfy a science graduation requirement as well as certain courses in the health science, education and training, and STEM programs of study. Applications to serve on these CTE TEKS review work groups were posted on the TEA website in December 2020. TEA staff provided SBOE members applications for approval to serve on a CTE work group at the January 2021 SBOE meeting. Additional applications were provided to SBOE members in February and March 2021. Work groups were convened from March-July 2021 to develop recommendations for the CTE courses. At the June 2021 SBOE meeting, a discussion item for proposed new 19 TAC Chapter 130 was presented to the board. At the September 2021 SBOE meeting, one representative from each CTE TEKS review committee provided invited testimony to the Committee of the Full Board.

The SBOE postponed first reading and filing authorization for a selection of courses from the education and training and STEM programs of study, including §127.783, Engineering Design and Presentation I, and §127.784, Engineering Design and Presentation II, to allow additional time to review and finalize recommendations. The programming and software development work group met in February and March 2022 to finalize their recommendations and to align the standards for the computer science courses with the Kindergarten-Grade 8 Technology Applications TEKS.

The 85th Texas Legislature, Regular Session, 2017, passed House Bill 3593, requiring that the SBOE approve courses in cybersecurity for credit for high school graduation. The legislation also added cybersecurity and computer coding to the courses to be included in a STEM endorsement and required 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 recommended TEKS for new cybersecurity courses for the required pathway. In April 2019, the SBOE approved for second reading and final adoption TEKS for two new cybersecurity courses: Foundations of Cybersecurity and Cybersecurity Capstone. At the June 2019 meeting, the board approved revisions to the TEKS for the existing Digital Forensics course so that it would better align with the new pathway. In 2020, the SBOE approved the consolidation of the high school technology applications courses into the CTE TEKS. A discussion item was presented to the board at the January 2022 SBOE meeting.

It is recommended that the TEKS for Fundamentals of Computer Science and Computer Science III be implemented beginning with the 2022-2023 school year. The TEKS for Foundations of Cybersecurity, Cybersecurity Capstone, Digital Forensics, Computer Science I, and Computer Science II are recommended for implementation in the 2024-2025 school year.

The attachment to this item reflects the text of proposed new §§127.788-127.794 for consideration by the SBOE for second reading and final adoption. The proposed new sections would update the TEKS for the high school cybersecurity and computer science courses to ensure the standards remain current. No changes are recommended since approved for first reading.

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

TEA has determined that for the first five years the proposal is in effect (2022-2026), there are no fiscal implications to the state. However, there will be implications for TEA if the state develops professional development to help teachers and administrators understand the revised TEKS. Any professional development that is created would be based on whether TEA received an appropriation for professional development in the next biennium.

There may be fiscal implications for school districts and charter schools to implement the proposed revisions to the TEKS, which 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: 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 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. During the first five years the proposed rulemaking would be in effect, it would create new regulations by proposing new CTE TEKS required to be taught by school districts and charter schools offering the courses.

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 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 better align the TEKS and coordinate the standards with the adoption of instructional materials. 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.

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 2022 SBOE meeting, notice of proposed new §§127.788-127.794 was filed with the Texas Register, initiating the public comment period. The public comment period began May 6, 2022 and ended at 5:00 p.m. on June 10, 2022. No comments had been received at the time this item was prepared. A summary of public comments received will be provided to the SBOE prior to and during the June 2022 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in June 2022 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 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter O, Science, Technology, Engineering, and Mathematics, §127.788, Fundamentals of Computer Science (One Credit), Adopted 2022; §127.789, Computer Science I (One Credit), Adopted 2022; §127.790, Computer Science II (One Credit), Adopted 2022; §127.791, Computer Science III (One Credit), Adopted 2022; §127.792, Foundations of Cybersecurity (One Credit), Adopted 2022; §127.793, Digital Forensics (One Credit), Adopted 2022; and §127.794, Cybersecurity Capstone (One Credit), Adopted 2022; and

Make an affirmative finding that immediate adoption of proposed new 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter O, Science, Technology, Engineering, and Mathematics, §127.788, Fundamentals of Computer Science (One Credit), Adopted 2022; §127.789, Computer Science I (One Credit), Adopted 2022; §127.790, Computer Science II (One Credit), Adopted 2022; §127.791, Computer Science III (One Credit), Adopted 2022; §127.792, Foundations of Cybersecurity (One Credit), Adopted 2022; §127.793, Digital Forensics (One Credit), Adopted 2022; and §127.794, Cybersecurity Capstone (One Credit), Adopted 2022, is necessary and shall have an effective date of 20 days after filing as adopted with the Texas Register. (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 Programs
Shelly Ramos, Senior Director, Curriculum Standards and Student Support

Attachment:
Text of Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter O, Science, Technology, Engineering, and Mathematics, §127.788, Fundamentals of Computer Science (One Credit), Adopted 2022; §127.789, Computer Science I (One Credit), Adopted 2022; §127.790, Computer Science II (One Credit), Adopted 2022; §127.791, Computer Science III (One Credit), Adopted 2022; §127.792, Foundations of Cybersecurity (One Credit), Adopted 2022; §127.793, Digital Forensics (One Credit), Adopted 2022; and §127.794, Cybersecurity Capstone (One Credit), Adopted 2022