Adopted Amendments to 19 TAC Chapter 75, Curriculum, Subchapter BB, Commissioner's Rules Concerning Provisions for Career and Technical Education
I. Statutory Citations (PDF)
II. Text of Adopted Amendments to 19 TAC Chapter 75, Curriculum, Subchapter BB, Commissioner's Rules Concerning Provisions for Career and Technical Education (PDF)
The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts amendments to 19 TAC Chapter 75, Curriculum, Subchapter BB, Commissioner's Rules Concerning Provisions for Career and Technical Education. The amendments align language with rules concerning special education services, update the list of recognized career and technical education (CTE) organizations, update provisions relating to voluntary workforce training programs, and make technical edits. No changes were made to the rules since published as proposed.
Texas Education Code (TEC), §§29.001, 29.182, and 29.185, and Texas Labor Code, §311.004.
PROPOSED EFFECTIVE DATE:
July 12, 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The TEC, §29.185, authorizes the Texas Education Agency (TEA) to prescribe requirements for CTE in public schools as necessary to comply with federal law.
The TEC, §29.001, directs the TEA to develop and implement a statewide plan with programmatic content that includes procedures designed to ensure that, when appropriate, each student with a disability is provided an opportunity to participate in CTE classes in addition to participating in regular or special classes.
The TEC, §29.182, requires the TEA to prepare and biennially update a state plan for CTE that sets forth objectives for CTE for the next biennium and long-term goals for the following five years. The statute requires that the state plan ensure that CTE constitutes an option for student learning that provides a rigorous course of study consistent with the required curriculum and that the state plan outline outcomes and opportunities for students in CTE programs.
Additionally, the Texas Labor Code, §311.004, authorizes the TEA to adopt rules necessary to administer its responsibilities related to the program for voluntary workforce training for certain students.
The commissioner's rules in 19 TAC Chapter 75, Subchapter BB, implement these statutory requirements. During the statutorily required review of rules in 19 TAC Chapter 75, staff identified the need to update rules related to CTE. The adopted amendments to 19 TAC Chapter 75, Subchapter BB, include amendments as follows.
An amendment to §75.1023, Provisions for Individuals Who Are Members of Special Populations, clarifies that a student with a disability must have access to CTE in accordance with the Individuals with Disabilities Education Act. In addition, the section is amended to align with federal requirements that excuse a teacher from attending an admission, review, and dismissal (ARD) committee meeting if the teacher provides written feedback to the ARD committee. The change clarifies that the CTE representative does not necessarily have to attend each meeting in order to provide feedback. Finally, provisions relating to transition services are amended to align with special education rules in 19 TAC Chapter 89 to make the language consistent and avoid confusion.
An amendment to §75.1024, Career and Technical Student Organizations, adds the Future Educators Association to the list of CTE student organizations recognized by the United States Department of Education and the TEA. Subsequent paragraphs are renumbered accordingly.
Technical edits to §75.1031, Voluntary Workforce Training Standards and Agreements, correct word usage.
An amendment to §75.1032, Certification Standards, specifies that voluntary workforce training programs must comply with any local regulations pertaining to fair labor standards and workplace health and safety. In addition, references to the TEA are updated.
An amendment to §75.1033, Certified Program Agreements, clarifies that employers' agreements are not required to extend after the participant's first year of postsecondary education. The amendment allows more flexibility when establishing employment agreements for career and technical secondary and postsecondary education programs.
No changes were made to the rules since published as proposed.
The TEA has determined that there are no fiscal implications to persons or entities required to comply with the rule action. 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.
PUBLIC AND STUDENT BENEFIT:
The adopted amendments further clarify requirements related to CTE programs.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adopted rule action has no new procedural or reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted rule action has no new locally maintained paperwork requirements.
The public comment period on the proposal began March 23, 2012, and ended April 23, 2012. No public comments were received.
OTHER COMMENTS AND RELATED ISSUES:
Staff Members Responsible:
Anita Givens, Associate Commissioner, Standards and Programs
Norma Torres-Martinez, Director of Standards and Alignment, Standards and Programs
Monica Martinez, Managing Director, Curriculum
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