Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005, and Subchapter F,
Graduation Requirements, Beginning with School Year 2007-2008
(Second Reading and Final Adoption)
January 15, 2010
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005, and Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008. The proposed amendments would add additional courses for a fourth mathematics and science credit and amend requirements for the minimum and advanced high school programs to align with the Recommended High School Program, including adjustments to requirements for physical education credit and substitutions, health, and technology applications.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 74, Subchapters E and F, 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 2010-2011 school year. The earlier effective date will allow districts to begin preparing for implementation.
PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 74, Subchapter E, to be effective December 7, 2003. Section 74.51, High School Graduation Requirements, has not been amended since adoption. Sections 74.52, Minimum High School Program, 74.53, Recommended High School Program, and 74.54, Distinguished Achievement High School Program--Advanced High School Program, were last amended to be effective August 8, 2006.
The SBOE adopted rules in 19 TAC Chapter 74, Subchapter F, to be effective September 1, 2005. Section 74.61, High School Graduation Requirements, was last amended to be effective December 25, 2007. Section 74.62, Minimum High School Program, has not been amended since adoption. Sections 74.63, Recommended High School Program, and 74.64, Distinguished Achievement High School Program--Advanced High School Program, were last amended to be effective January 9, 2007.
Discussion items regarding the graduation programs were presented to the Committee of the Full Board during the November 2008 and January, March, and July 2009 meetings. The SBOE conducted a work session on August 14, 2009, to consider possible amendments to the high school graduation programs and to provide guidance to agency staff regarding possible amendments. A discussion item regarding proposed amendments to 19 TAC Chapter 74, Subchapters E and F, was presented to the Committee of the Full Board during the September 2009 meeting. The committee held a public hearing regarding the proposed amendments to 19 TAC Chapter 74, Subchapters E and F, at the September 2009 meeting. The proposed amendments to 19 TAC Chapter 74, Subchapters E and F, were approved for first reading and filing authorization at the November 2009 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The amendments to 19 TAC Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, adopted by the SBOE in November 2006, included changes to reflect the four years of mathematics and science graduation requirements of House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006. These changes only applied to the Recommended High School and Distinguished Achievement Programs found in 19 TAC §74.63 and 19 TAC §74.64. The amendment to 19 TAC §74.61, adopted by the SBOE in November 2007, established in rule a grandfather clause for students who took Integrated Physics and Chemistry (IPC) in Grade 8 during the 2006-2007 school year that would allow IPC to count as one of the four years of science for students who took IPC in 2006-2007 prior to entering Grade 9 in 2007-2008. The board discussed the need to increase flexibility for students who graduate under the Recommended or Distinguished Achievement Program and who have interest in pursuing fine arts, career and technical education (CTE), or other elective programs.
The 80th Texas Legislature, 2007, passed HB 3485, adding the TEC, §28.0022, requiring the Texas Education Agency (TEA) to establish a panel to review and recommend revisions to the CTE curriculum. HB 3485 further requires the SBOE to allow a student to comply with the curriculum requirements for a mathematics course taken after the successful completion of an Algebra II course or for a science course taken after the successful completion of a physics course by successfully completing an advanced career and technical course designated by the SBOE as containing substantively similar and rigorous academic content. A student may use this option for not more than two courses. New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, was approved for second reading and final adoption at the July 2009 meeting.
At the January 2009 meeting the SBOE was presented with options for awarding credit toward graduation for athletics that included: (1) allowing students to earn four credits toward graduation for athletics, but the final two credits would have to be earned for the extracurricular activity offered outside the regular school day; (2) expanding the number of physical education credits allowed toward graduation to four; (3) allowing districts to submit an innovative course application for the third and fourth credits of athletics; (4) establishing Texas Essential Knowledge and Skills (TEKS) for athletics courses; and (5) maintaining the current two equivalency credits for athletics. Explanations and implications for each option were provided to the board during the January meeting. After some discussion the SBOE voted to postpone action until March 2009. At the March 2009 meeting the SBOE voted to approve Option 2: expand the number of physical education credits allowed toward graduation to four.
The 81st Texas Legislature, 2009, passed HB 3, amending the TEC, §28.025, to increase flexibility in graduation requirements for students. While HB 3 removes SBOE authority to designate a specific course or a specific number of credits in the enrichment curriculum as requirements for the Recommended High School Program, the SBOE retains authority in the foundation and enrichment curriculum for the Minimum High School Program and the Distinguished Achievement Program.
The proposed amendments to 19 TAC Chapter 74, Subchapters E and F would incorporate changes to high school graduation programs in light of new graduation requirements in the TEC (see Attachment II). The proposed amendments include direction provided by the board in September 2009 relating to credits, substitutions, and other adjustments and action taken by the board in November 2009, as follows.
In 19 TAC Chapter 74, Subchapters E and F, the proposed amendments would remove the one-half credit health graduation requirement and the one credit technology applications requirement from all three graduation programs. Proposed amendments would decrease the physical education requirement by one-half credit and would eliminate the requirement that students take the Foundations of Personal Fitness course in all three graduation programs. Proposed amendments would also allow students to earn physical education credit for certain activities related to specific physical education courses rather than allowing substitutions for the general physical education graduation credit.
In 19 TAC Chapter 74, Subchapter F, the proposed amendments would allow Mathematical Applications in Agriculture, Food, and Natural Resources, if successfully completed prior to Algebra II; Engineering Mathematics; and Statistics and Risk Management to count for the fourth mathematics credit under the Recommended High School Program. The proposed amendments would allow Engineering Mathematics and Statistics and Risk Management to count for the fourth mathematics credit under the Distinguished Achievement Program. Proposed amendments would also allow Advanced Animal Science, Advanced Biotechnology, Advanced Plant and Soil Science, Food Science, and Forensic Science to count for the fourth science credit under the Recommended High School Program and Distinguished Achievement Program. Proposed amendments would allow the Professional Communications course to satisfy the speech graduation requirement and the Principles and Elements of Floral Design course to satisfy the fine arts graduation credit.
Also in 19 TAC Chapter 74, Subchapter F, the proposed amendments would include a provision to ensure that credit earned prior to the 2010-2011 school year would count toward graduation in the manner established at the time the credit was earned.
Proposed amendments to 19 TAC Chapter 74, Subchapters E and F, would also make technical edits to further clarify the graduation requirements.
Since published as proposed, agency staff have identified a required change to 19 TAC §74.63(b)(3)(C) to comply with statute regarding end-of-course assessments. The change would amend language to reflect that the provisions in 19 TAC §74.63(b)(3)(C) apply to students entering Grade 9 beginning with the 2011-2012 school year instead of the 2012-2013 school year.
FISCAL IMPACT: Fiscal implications are anticipated for school districts to hire teachers with additional certifications to teach courses they may not currently be teaching. There might also be fiscal implications for school districts to acquire materials to support the teaching of courses they may not currently be teaching. Some school districts might experience changes in enrollment for certain courses, which might require adjustments in staffing. As staffing decisions and decisions regarding instructional methodology are made by each individual school district, it is difficult to estimate the amount of impact on any given district.
The TEA has determined that there are no additional costs to the state or persons 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 added flexibility for students regardless of the graduation program they select and stronger alignment of requirements in all three graduation programs.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendments would have no new procedural and reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the November 2009 SBOE meeting, notice of the proposed amendments to 19 TAC Chapter 74, Subchapters E and F, was filed with the Texas Register initiating the official public comment period. Some comments had been received at the time this item was prepared. A summary of public comments received and corresponding agency responses regarding the proposal will be provided to the SBOE prior to and during the January 2010 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: Due to requirements for end-of-course assessments for physics, minor modifications will be needed to the Texas essential knowledge and skills for the Principles of Technology course. Rule text changes will be presented to the SBOE for first reading and filing authorization at the March 2010 meeting.
A discussion item regarding the statutorily-required review of 19 TAC Chapter 74, Curriculum Requirements, is included separately in this agenda.
MOTION TO BE CONSIDERED: 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 amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005, and Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, 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
Attachments:
I. Statutory Citations
II. Text of Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005, and Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008