Discussion of Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, and §74.26, Award of Credit

April 16, 2015

COMMITTEE ON INSTRUCTION: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY: This item provides the opportunity for the committee to discuss proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, and §74.26, Award of Credit, in order to consider revisions to current rules to provide additional support for students in substitute care.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102, 25.007, 28.002, 28.023, and 28.025.

BOARD RESPONSE: This item is presented for review and comment.

PREVIOUS BOARD ACTION: The State Board of Education (SBOE) adopted 19 TAC §74.24 and §74.26 effective September 1, 1996. Section 74.24 was last amended effective May 11, 2014. Section 74.26 was last amended effective September 1, 2001.

A discussion item regarding support for students in foster care was presented to the Committee on Instruction during the February 2015 SBOE meeting.

FUTURE ACTION EXPECTED: At the direction of the committee, proposed amendments to 19 TAC §74.24 and §74.26 will be presented for first reading and filing authorization at a future meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Students in substitute care, typically known as foster care, who often move from one school to another are faced with special challenges to learning and achievement during their formative years. Education-related issues for students in foster care were first addressed in the federal Fostering Connections Act of 2008, which encourages child welfare and education systems to work together in order to increase educational stability for children and youth in foster care.

The 81st Texas Legislature, Regular Session, 2009, passed Senate Bill (SB) 2248, adding the TEC, §25.007, in order to address school transition for students in substitute care. The statute charges the agency to assist with transition for students in substitute care from one school to another. The 83rd Texas Legislature, Regular Session, 2013, passed SB 1404 and House Bill (HB) 2619 amending the TEC, §25.007, by adding transition assistance requirements for students in substitute care.

The Supreme Court of Texas, Permanent Judicial Commission for Children, Youth and Families (Children's Commission) published The Texas Blueprint: Transforming Education Outcomes for Children and Youth in Foster Care in 2012. The Texas Education Agency (TEA) released a Foster Care and Student Success Resource Guide, co-authored with the Texas Department of Family and Protective Services and the Children's Commission, with preliminary guidance and information for schools in October 2013.

This item provides the opportunity for the committee to consider amendments to current rules, shown in Attachment II, to provide additional support for students in substitute care through rulemaking for which the SBOE has authority.

Section 74.24 addresses assessment for acceleration in Kindergarten through Grade 5 and assessment for course credit in Grades 6-12. The rule also outlines general provisions for the administration of credit by examination. Companion bills HB 2694 and SB 1365, passed by the 83rd Texas Legislature, Regular Session, 2013, amended the TEC, §28.023, and the requirements for credit and acceleration by examination. Changes to the statute increased the number of testing opportunities a school district must provide each school year. The SBOE amended 19 TAC §74.24 effective May 11, 2014, to incorporate the legislative changes.

Section 74.26 addresses the award of credit by a school district for high school courses. The rule outlines the general provisions for the award of credit toward state graduation requirements, including the award of credit for transfer students and students who complete high school courses in earlier grade levels and academic requirements for the award of credit. The rule also permits districts to award credit proportionately to students who are able to successfully complete only one semester of a two-semester course.

FISCAL IMPACT: Fiscal implications will be assessed after the committee gives direction regarding possible proposed amendments to bring forward for first reading and filing authorization.

PUBLIC AND STUDENT BENEFIT: Improving school transitions will lead to a better education, school experience, and, ultimately, life outcomes for students in substitute care. Districts and schools will have accurate and appropriate resources and information for providing services to students in substitute care and for complying with state law regarding these students.

PROCEDURAL AND REPORTING IMPLICATIONS: Procedural and reporting implications will be assessed after the committee gives direction regarding possible proposed amendments to bring forward for first reading and filing authorization.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Paperwork requirements will be assessed after the committee gives direction regarding possible proposed amendments to bring forward for first reading and filing authorization.

PUBLIC COMMENTS: The official public comment period will begin when the proposal, approved for first reading and filing authorization by the SBOE, is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

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

Shelly Ramos, Division Director
Curriculum

Attachments:
I. Statutory Citations (PDF, 63KB)
II. Text of Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, and §74.26, Award of Credit (PDF, 23KB)