Proposed New 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School
(Second Reading and Final Adoption)

June 23, 2017

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

SUMMARY: This item presents for second reading and final adoption proposed new 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School. The proposed rules recommend an implementation date of the 2020-2021 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 proposed new 19 TAC Chapter 110, Subchapter C, and 19 TAC Chapter 128, Subchapter C, 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 2018-2019 school year. The earlier effective date will enable districts to begin preparing for implementation of the new English and Spanish language arts and reading and English as a second language Texas Essential Knowledge and Skills (TEKS).

PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for English language arts and reading and Spanish language arts and reading and English as a second language effective September 1, 1998. Amendments to the TEKS for English language arts and reading were adopted effective September 4, 2008, and August 22, 2011. Amendments to the TEKS for Spanish language arts and reading and English as a second language were adopted effective November 26, 2008. In April 2014, the board approved revisions to the process for review and revision of the TEKS to include more specific direction to TEKS review committees. The revised process is being used for the review and revision of the English and Spanish language arts and reading TEKS.

Discussion items regarding proposed new 19 TAC Chapter 110, Subchapters A-C, and 19 TAC Chapter 128, Subchapters A-C, were presented to the Committee of the Full Board at the January, April, July, September, and November 2016 meetings. The SBOE approved proposed new 19 TAC Chapter 110, Subchapters A and B, and 19 TAC Chapter 128, Subchapters A and B, for first reading and filing authorization at the January/February 2017 meeting. At that time, the SBOE postponed action on first reading and filing authorization for 19 TAC Chapter 110, Subchapter C, and 19 TAC Chapter 128, Subchapter C, until the April 2017 meeting.

At the April 2017 SBOE meeting, the SBOE approved for first reading and filing authorization proposed new 19 TAC Chapter 110, Subchapter C, and 19 TAC Chapter 128, Subchapter C.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Applications for appointment to English and Spanish language arts and reading TEKS review committees were accepted by the Texas Education Agency (TEA) from March 5, 2015, through April 6, 2015. The applications received were provided to SBOE members at the April 2015 meeting, and nominations for English and Spanish language arts and reading TEKS review committees and appointments of expert reviewers were made in spring 2015. Committee members were notified of the appointment in July 2015. The expert reviewers completed their review of the current TEKS and submitted initial reports to the SBOE in July 2015. Committee members participated in a training webinar in August 2015 in preparation for the first face-to-face meeting. The English and Spanish language arts and reading TEKS review committees convened in Austin in September 2015 to begin work on draft recommendations for the TEKS. The committees convened again in November 2015 to complete their initial draft recommendations.

In December 2015, the first draft recommendations were provided to the board and to the board-appointed expert reviewers and posted to the TEA website for informal public feedback. In accordance with the board's review process, each of the expert reviewers and one member of each TEKS review committee presented invited testimony at the January 2016 meeting.

The English and Spanish language arts and reading TEKS review committees convened for a third time in February 2016 in order to review feedback and work on the vertical alignment of the TEKS across grade levels and subjects. At the request of the board chair, representatives from each of the vertical alignment committees were asked to attend the April 2016 meeting to answer questions from board members. At that time, the board provided additional direction for the English and Spanish language arts and reading TEKS committee members to address at their next meeting.

The committees met for a fourth time in April 2016 to address the board's direction and finalize their recommendations for revisions to the English and Spanish language arts and reading TEKS. The English and Spanish language arts and reading TEKS committees' final recommendations were provided to the board-appointed expert reviewers and posted to the TEA website in June 2016.

Representatives from the TEKS review committees convened in Austin in June 2016 to review the drafts and provide feedback regarding whether the recommended TEKS for each grade level or course can reasonably be taught within the amount of time typically allotted for the subject or course prior to the end of the school year or a state end-of-course assessment required by TEC, §39.023, as applicable.

At the July 2016 meeting, the committee heard invited testimony from board-appointed expert reviewers regarding their feedback on the English and Spanish language arts and reading TEKS review committees' final recommendations. At that meeting, the board discussed next steps, reviewed timeline considerations for issuance of a proclamation for instructional materials for English and Spanish language arts and reading, and requested that staff make technical edits to the proposed revisions. The board also requested that the SBOE-appointed experts review the edited final recommendations and make suggestions to ensure the appropriate vertical alignment of the proposed TEKS. Additionally, the board requested feedback on the proposed revisions to the English language arts and reading TEKS from the Texas Higher Education Coordinating Board. The expert reviewers met in August 2016 and again in November 2016 to work on their recommendations for revisions to the English and Spanish language arts and reading TEKS. The expert reviewers also met virtually with representatives from the Texas Higher Education Coordinating Board panel to discuss higher education recommendations. Drafts resulting from that work were provided at the November 2016 meeting. At that time, the SBOE requested that the expert reviewers finalize their recommendations. The expert reviewers conducted virtual meetings in November 2016 and December 2016 to complete their recommendations.

The proposed new sections for the Kindergarten-Grade 12 English and Spanish language arts and reading TEKS were presented for first reading and filing authorization at the January/February 2017 meeting, and a public hearing on the proposed new sections was held at that time. At the meeting, the SBOE approved for first reading and filing authorization proposed new English and Spanish language arts and reading TEKS for Kindergarten-Grade 8. However, the board postponed action on proposed new English and Spanish language arts and reading TEKS for high school until the April 2017 meeting.

At the April 2017 SBOE meeting, the SBOE approved for first reading and filing authorization proposed new 19 TAC Chapter 110, Subchapter C, and 19 TAC Chapter 128, Subchapter C.

Attachment II presents the text of proposed new 19 TAC Chapter 110, Subchapter C, and 19 TAC Chapter 128, Subchapter C, for consideration by the SBOE for second reading and final adoption.

FISCAL IMPACT: There were fiscal implications for the TEA in fiscal years 2015 and 2016, and there will be fiscal implications in fiscal year 2017, to reimburse committee members and expert reviewers for travel to review and revise the English and Spanish language arts and reading TEKS. There are also implications for the TEA to create professional development to help teachers and administrators understand the revisions to the TEKS. For fiscal year 2015, the estimated cost to the TEA for reviewing and revising the TEKS was $4,700; for fiscal year 2016, the estimated cost was $275,000; and for fiscal year 2017, the estimated cost is $3,500. The TEA does not anticipate any implications for the state beyond fiscal year 2017.

There are anticipated fiscal implications for school districts and charter schools to implement the revised 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.

The TEA has determined that there is no direct adverse economic impact for small businesses or 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 new sections are 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 new sections would have no procedural and reporting requirements.

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

PUBLIC COMMENTS: Following the April 2017 SBOE meeting, notice of proposed new 19 TAC Chapter 110, Subchapter C, and 19 TAC Chapter 128, Subchapter C, was filed with the Texas Register, initiating the public comment period. A summary of any public comments received regarding the proposal will be provided to the SBOE prior to and during the June 2017 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A public hearing on proposed new 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School, is included as a separate item in this agenda.

MOTION TO BE CONSIDERED: The State Board of Education:

By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption proposed new 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School, with an effective date of 20 days after filing as adopted with the Texas Register.

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, 35KB)
II. Text of Proposed New 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School (PDF, 303KB)