Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.2, Description of a Required Elementary Curriculum, and §74.3, Description of a Required Secondary Curriculum
(First Reading and Filing Authorization)

April 17, 2015

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: This item presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.2, Description of a Required Elementary Curriculum, and §74.3, Description of a Required Secondary Curriculum, to align the middle school requirements with changes to the Texas Essential Knowledge and Skills (TEKS) for fine arts.

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

EFFECTIVE DATE: The proposed effective date of proposed amendments to 19 TAC Chapter 74, Subchapter A, is August 24, 2015.

PREVIOUS BOARD ACTION: The State Board of Education (SBOE) adopted 19 TAC Chapter 74, Subchapter A, effective September 1, 1996. Section 74.2 was last amended effective January 9, 2007. Section 74.3 was last amended effective June 18, 2014. A discussion item regarding proposed amendments to 19 TAC Chapter 74, Subchapter A, was presented to the Committee on Instruction during the February 2015 SBOE meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: House Bill 3, 81st Texas Legislature, 2009, required the SBOE to adopt rules requiring students enrolled in grade levels six, seven, and eight to complete at least one fine arts course during those grade levels as part of a district's fine arts curriculum. The SBOE incorporated this requirement by amending 19 TAC §74.3 effective April 21, 2010.

In April 2013, the board approved final adoption of the revised TEKS for fine arts, which are scheduled to be implemented beginning with the 2015-2016 school year. This item provides the opportunity for the board to align middle school requirements in 19 TAC Chapter 74, Subchapter A, with the revised fine arts TEKS.

Attachment II reflects the text of the proposed amendments to 19 TAC Chapter 74, Subchapter A, for consideration by the SBOE for first reading and filing authorization.

FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. There may be a cost savings for school districts and charter schools related to providing instruction in the required curriculum as the requirement for the number of fine arts courses a district would be required to offer would decrease. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT: Benefits include added flexibility in curriculum options for students to meet the middle school fine arts requirement.

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

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

PUBLIC COMMENTS: The official public comment period will begin when the proposal 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 amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.2, Description of a Required Elementary Curriculum, and §74.3, Description of a Required Secondary Curriculum.

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs

Shelly Ramos, Division Director
Curriculum

Attachments:
I. Statutory Citations (PDF, 19KB)
II. Text of Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.2, Description of a Required Elementary Curriculum, and §74.3, Description of a Required Secondary Curriculum (PDF, 19KB)