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)
July 20, 2012
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 remove the Texas Essential Knowledge and Skills (TEKS), and related implementation language, in §74.36(d), adopted effective in 2008, that were superseded by the TEKS in 19 TAC §74.36(e) beginning with the 2011-2012 school year. This proposed amendment would also remove references to the superseded TEKS. No additional changes are recommended since approved for first reading.
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 2013-2014 school year. The earlier effective date is necessary to remove from rule TEKS that have been superseded as well as amend existing implementation language to avoid confusion.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §74.36 effective September 1, 2008. The section was amended effective December 20, 2010. The proposed amendment to 19 TAC §74.36 was approved for first reading and filing authorization at the April 2012 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: House Bill 1287, 80th Texas Legislature, 2007, added the TEC, §28.011, requiring the SBOE to adopt TEKS for and 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. The SBOE adopted 19 TAC §74.36 effective September 1, 2008, to satisfy this requirement. The TEKS in this section mirror the TEKS for Independent Study in English and Special Topics in Social Studies. Revisions to the TEKS for Independent Study in English in 19 TAC Chapter 110 were adopted by the SBOE in March 2010 for implementation in the 2011-2012 school year.
Revisions to the TEKS for Special Topics in Social Studies in 19 TAC Chapter 113 were adopted by the SBOE in May 2010 for implementation in the 2011-2012 school year. In November 2010, the SBOE adopted an amendment to 19 TAC §74.36, which included implementation language to coincide with implementation of the revised TEKS.
Following SBOE approval of proposed amendment to 19 TAC §74.36 for first reading and filing authorization at the May 2010 meeting, the proposal was submitted to the Attorney General for review. In accordance with the 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.
The proposed amendment to 19 TAC §74.36 presented in Attachment II would remove the superseded TEKS for Special Topics in Social Studies from subsection (d)(1) and the superseded TEKS for Independent Study in English from subsection (d)(2) and re-letter the remaining subsection accordingly. The proposed amendment would also remove references to the superseded TEKS.
No additional changes are recommended since approved for first reading.
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 and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: Benefits include removing TEKS that have been superseded and amending existing implementation language referencing the superseded TEKS in order to avoid confusion for the public and for schools.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no procedural and reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the April 2012 SBOE meeting, notice of the proposed amendment to 19 TAC §74.36 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 regarding the proposal will be provided to the SBOE at the July 2012 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, Director of Standards and Alignment
Standards and Programs
Monica Martinez, Managing Director
Curriculum
Attachments:
I. Statutory Citations (PDF, 222KB)
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 (PDF, 44KB)