Proposed Repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29
(First Reading and Filing Authorization)

April 21, 2017

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT

SUMMARY: This item presents for first reading and filing authorization proposed repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for elementary, middle, and high school languages other than English (LOTE) and related implementation language, that will be superseded by new 19 TAC §§114.3, 114.4, 114.13, 114.14, and 114.31-114.52 beginning with the 2017-2018 school year.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.

TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.

TEC, §28.002, identifies the subjects of the required curriculum and requires the SBOE by rule to 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, §28.025, requires the SBOE by rule to determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under the TEC, §28.002.

EFFECTIVE DATE: The proposed effective date of the proposed repeal is August 28, 2017. 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 2018-2019 school year. The earlier effective date will remove the superseded rules at the same time the new rules take effect.

PREVIOUS BOARD ACTION: The SBOE adopted the LOTE 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 will be implemented beginning with the 2017-2018 school year.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBOE adopted proposed revisions to the LOTE TEKS in 2014 for implementation in the 2017-2018 school year. With the implementation of the new LOTE TEKS in 19 TAC §§114.3, 114.4, 114.13, 114.14, and 114.31-114.52, scheduled for August 28, 2017, the current TEKS in 19 TAC §§114.1, 114.2, 114.11, 114.12, and 114.21-114.29 are no longer needed and may now be repealed.

The proposed repeal 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. In order to ensure that the older TEKS for LOTE are removed by the time the revised TEKS are implemented on August 28, 2017, it is recommended the SBOE consider this item for first reading and filing authorization.

Attachment II reflects the text of proposed repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29.

FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed repeal. 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. There is no effect on local economy for the first five years that the proposed repeal is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC AND STUDENT BENEFIT: Benefits include better alignment of the TEKS and coordination of the standards with the adoption of instructional materials.

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

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

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: 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.

Proposed new 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 presented for second reading and final adoption as a separate item in this agenda.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization proposed repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29.
 
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachments:
I. Statutory Citations (PDF, 48KB)
II. Text of Proposed Repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29 (PDF, 100KB)