Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements,
Subchapter C, Other Provisions, §74.36, Requirements for Elective Courses
on the Bible's Hebrew Scriptures (Old Testament) and New Testament
and Their Impact on the History and Literature of Western Civilization
(Second Reading and Final Adoption)
November 19, 2010
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.36, Requirements for Elective Courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and Their Impact on the History and Literature of Western Civilization. The proposed amendment would update 19 TAC §74.36 to align with revised student expectations in the Texas Essential Knowledge and Skills for Special Topics in Social Studies and Independent Study in English.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.011.
EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §74.36 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 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 2011-2012 school year. The earlier effective date will allow districts to begin preparing for implementation of revised curriculum standards.
PREVIOUS BOARD ACTION: The SBOE adopted new 19 TAC §74.36 to be effective September 1, 2008. In March 2010, the SBOE approved an amendment to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, §110.46, Independent Study in English, to be implemented August 22, 2011. In May 2010, the SBOE approved new 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.47, Special Topics in Social Studies, to be effective August 23, 2010. The proposed amendment to 19 TAC §74.36 was approved for first reading and filing authorization at the May 2010 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: House Bill (HB) 1287, 80th Texas Legislature, 2007, added TEC, §28.011, allowing school districts to teach an elective course on the Hebrew Scriptures (Old Testament) and the New Testament and their impact on the history and literature of Western civilization. In July 2008, the SBOE approved new 19 TAC §74.36, which allowed the elective course on the Hebrew Scriptures (Old Testament) and the New Testament to be taught using the Texas Essential Knowledge and Skills (TEKS) for Special Topics in Social Studies or Independent Study in English, to be effective September 1, 2008.
The SBOE approved new TEKS for Special Topics in Social Studies in May 2010 and approved an amendment to the TEKS for Independent Study in English in March 2010. Both sets of TEKS will be implemented in the 2011-2012 school year. The proposed amendment to 19 TAC §74.36 would ensure that the student expectations for the elective course on the Hebrew Scriptures (Old Testament) and the New Testament reflect approved revisions to the student expectations for Independent Study in English and Special Topics in Social Studies. The proposed amendment to 19 TAC §74.36 would also include language to begin implementation in the 2011-2012 school year.
Following SBOE approval of proposed amendment to 19 TAC §74.36 for first reading and filing authorization at the May 2010 meeting, the proposal, which includes the proposed essential knowledge and skills of a course offered under the TEC, §28.011, was submitted to the Attorney General for review. In accordance with TEC, §28.011(e), the proposal must be submitted to the Attorney General for review to ensure that the course complies with the First Amendment to the United States Constitution before the SBOE adopts the proposal. At the time this item was prepared, no response had been received from the Attorney General's office.
Attachment II reflects the text of proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.36, Requirements for Elective Courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and Their Impact on the History and Literature of Western Civilization, for consideration by the SBOE for second reading and final adoption. This proposal includes technical edits to correct a formatting error in the introduction and to correctly cite the Modern Language Association Style Manual (MLA). No changes are recommended to the content of the course.
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. In addition, there is no direct adverse economic impact for small businesses or microbusinesses; therefore, no regulatory flexibility analysis, as specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: Benefits include multiple options through which students can take an elective course on the Hebrew Scriptures (Old Testament) and the New Testament.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no new procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the May 2010 SBOE meeting, notice of the proposed amendment to
19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.36, Requirements for Elective Courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and Their Impact on the History and Literature of Western Civilization, was filed with the Texas Register initiating the official public comment period. No comments had been received at the time this item was prepared. A summary of any public comments received and corresponding agency responses regarding the proposed amendment to 19 TAC §74.36 will be provided to the SBOE during the November 2010 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that 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 amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.36, Requirements for Elective Courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and Their Impact on the History and Literature of Western Civilization, with an effective date of 20 days after filing as adopted with the Texas Register.
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 Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.36, Requirements for Elective Courses on the Bible's Hebrew Scriptures (Old Testament) and New Testament and Their Impact on the History and Literature of Western Civilization