Proposed Repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.1-110.7, Subchapter B, Middle School, §§110.21-110.24, and Subchapter C, High School, §§110.41-110.45, and Proposed Amendments to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, §§110.10, 110.17, and 110.30
(Second Reading and Final Adoption)
January 15, 2010
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption the proposed repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.1-110.7, Subchapter B, Middle School, §§110.21-110.24, and Subchapter C, High School, §§110.41-110.45. The proposed repeals would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 1998 for Kindergarten-Grade 8 and English I-IV, and related implementation language, that were superseded by 19 TAC §§110.11-110.20 and §§110.30-110.34 of this chapter beginning with the 2009-2010 school year. This item also presents for second reading and final adoption proposed amendments to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, §§110.10, 110.17, and 110.30, to remove references to rules that would be repealed. No additional changes are recommended since approved for first reading.
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 The earlier effective date will immediately repeal rules that have been superseded, as well as amend existing rules referencing the repealed rules, to avoid confusion.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 English language arts and reading courses to be effective September 1, 1998. Revisions to 19 TAC Chapter 110, Subchapters A-C, were adopted to be effective September 4, 2008, with an implementation date of the 2009-2010 school year. The proposed repeals and amendments were approved for first reading and filing authorization at the November 2009 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: In May 2008, the SBOE adopted proposed revisions to the English language arts and reading TEKS for Kindergarten-Grade 8 and for English I-IV 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 8 and for English I-IV 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.
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 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: Following the November 2009 SBOE meeting, notices of the proposed repeal of 19 TAC Chapter 110, Subchapter A, §§110.1-110.7, Subchapter B, §§110.21-110.24, and Subchapter C, §§110.41-110.45, and the proposed amendments to 19 TAC Chapter 110, §§110.10, 110.17, and 110.30, were 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 proposals will be provided to the SBOE during the January 2010 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: First reading and filing authorization of proposed revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, pertaining to high school English language arts electives is included as a separate item in this agenda.
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 repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.1-110.7, Subchapter B, Middle School, §§110.21-110.24, and Subchapter C, High School, §§110.41-110.45; and proposed amendments to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, §§110.10, 110.17, and 110.30, 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 Repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.1-110.7, Subchapter B, Middle School, §§110.21-110.24, and Subchapter C, High School, §§110.41-110.45
III. Text of Proposed Amendments to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, §§110.10, 110.17, and 110.30