Proposed Repeal of 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7, Subchapter B, Middle School, §128.21 and §128.22, and Subchapter C, High School, §§128.41-128.43, and Proposed Amendments to 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language,
§§128.10, 128.17, and 128.30
(First Reading and Filing Authorization)
November 20, 2009
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization the proposed repeal of 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7, Subchapter B, Middle School, §128.21 and §128.22, and Subchapter C, High School, §§128.41-128.43. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for Kindergarten-Grade 6 and English for Speakers of Other Languages (ESOL) I and II, and related implementation language, that were superseded by 19 TAC §§128.10-128.18 and §§128.30-128.32 of this chapter beginning with the 2009-2010 school year. This item also presents for first reading and filing authorization proposed amendments to 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, §§128.10, 128.17, and 128.30 to remove references to rules that would be repealed.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 2010-2011 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 The earlier effective date will immediately repeal rules that have been superseded, as well as amend existing rules referencing the repealed rules, to avoid confusion.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 Spanish language arts and reading and ESOL courses to be effective September 1, 1998. Revisions to 19 TAC Chapter 128, Subchapters A-C, were adopted to be effective November 26, 2008, with an implementation date of the 2009-2010 school year.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: In September 2008, the SBOE adopted proposed revisions to the Spanish language arts and reading TEKS for Kindergarten-Grade 6 and for ESOL I and II with an implementation date of the 2009-2010 school year. These revisions were to supersede the original TEKS at the time of implementation. The original TEKS were still to be implemented for the 2008-2009 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 6 and ESOL I and II in 2009-2010, 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 and 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 requirements.
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 15 calendar days after notice of the proposals has been published in the Texas Register.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Approve for first reading and filing authorization proposed repeal of 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7, Subchapter B, Middle School, §128.21 and §128.22, and Subchapter C, High School, §§128.41-128.43; and proposed amendments to 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, §§128.10, 128.17, and 128.30.
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
Karen Batchelor, Acting Managing Director
Curriculum
Attachments: I. Statutory Citations
II. Text of Proposed Repeal of 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7, Subchapter B, Middle School, §128.21 and §128.22, and Subchapter C, High School, §§128.41-128.43
III. Text of Proposed Amendments to 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, §§128.10, 128.17, and 128.30