Proposed Repeal of 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter A, Elementary, §§112.1-112.7, Subchapter B, Middle School, §§112.21-112.24, and Subchapter C, High School, §§112.41-112.49, and
Proposed Amendments to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, §§112.10, 112.17, and 112.31
(First Reading and Filing Authorization)
May 21, 2010
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: This item presents for first reading and filing authorization the proposed repeal of 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter A, Elementary, §§112.1-112.7, Subchapter B, Middle School, §§112.21-112.24, and Subchapter C, High School, §§112.41-112.49. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for Kindergarten-Grade 8 and high school science courses, and related implementation language, that will be superseded by 19 TAC §§112.10-112.20 and §§112.31-112.39 of this chapter beginning with the 2010-2011 school year. This item also presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, §§112.10, 112.17, and 112.31, to remove references to rules that would be repealed.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
EFFECTIVE DATE: The proposed effective date of the proposed rule actions is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the State Board of Education (SBOE) must approve the rule actions 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 2011-2012 school year. The earlier effective date will immediately repeal rules that have been superseded, as well as amend existing rules referencing the repealed rules, to avoid confusion.
PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for elementary, middle, and high school science courses to be effective September 1, 1998. Revisions to 19 TAC Chapter 112, Subchapters A-C, were adopted to be effective August 4, 2009, with an implementation date of the 2010-2011 school year.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: In March 2009, the SBOE adopted proposed revisions to the science TEKS for Kindergarten-Grade 8 and for high school science courses with an implementation date of the 2010-2011 school year. These revisions were to supersede the original TEKS at the time of implementation; however, the original TEKS still applied for the 2009-2010 school year and needed to remain in the Texas Administrative Code for that period of time. With the implementation of the new TEKS for Kindergarten-Grade 8 and for high school science courses in the 2010-2011 school year, the original TEKS are no longer needed and may now be repealed. Existing rules must also be amended to remove references to rules that would be repealed.
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 actions. In addition, 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.
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 rule actions would have no new procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed rule actions would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: The official public comment period will begin when the rule actions are published as proposed in the Texas Register.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposals submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposals has been published in the Texas Register.
To reduce the volume of the agenda and the cost of printing, the text of the proposed repeal of 19 TAC §§112.1-112.7, 112.21-112.24, and 112.41-112.49 is not presented in this agenda. A copy of the text will be available at the meeting. The text can also be viewed on the TEA Administrative Rules webpage at http://ritter.tea.state.tx.us/rules/tac/chapter112/index.html.
Second reading and final adoption of proposed revisions to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter D, Other Science Courses, to add new CTE courses to the current list of courses that may satisfy a science credit requirement is included as a separate item in this agenda.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Approve for first reading and filing authorization the proposed repeal of 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter A, Elementary, §§112.1-112.7, Subchapter B, Middle School, §§112.21-112.24, and Subchapter C, High School, §§112.41-112.49; and proposed amendments to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, §§112.10, 112.17, and 112.31.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Anita Givens, Associate Commissioner
Standards and Programs
Norma Torres-Martinez, Deputy Associate Commissioner
Standards and Alignment
Monica Martinez, Managing Director
Curriculum
Attachments:
I. Statutory Citations
II. Text of Proposed Amendments to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, §§112.10, 112.17, and 112.31