Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements,
Subchapter A, Required Curriculum
(Second Reading and Final Adoption)
March 12, 2010
COMMITTEE ON INSTRUCTION: 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 A, Required Curriculum. The proposed amendments would add a requirement that students in middle school take a fine arts course as required by House Bill (HB) 3, 81st Texas Legislature, 2009. The proposed amendments would also include technical edits to update the rules. No additional changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(4) and §28.002.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 74, Subchapter A, 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 19 TAC §74.1, Essential Knowledge and Skills, and 19 TAC §74.3, Description of a Required Secondary Curriculum, to be effective September 1, 1996. Section 74.1 was last amended by the SBOE to be effective January 9, 2007. Section 74.3 was last amended by the SBOE in November 2009 to be effective December 23, 2009. A discussion item regarding the Texas middle school program was presented to the Committee on Instruction during the November 2009 meeting. Proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, were approved for first reading and filing authorization at the January 2010 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: HB 3 passed by the 81st Texas Legislature in June 2009 requires the SBOE to adopt rules requiring students enrolled in grade levels six, seven, and eight to complete at least one fine arts course during those grade levels as part of a district's fine arts curriculum. The SBOE does not currently have any specific course requirements for middle school.
The proposed amendments to 19 TAC Chapter 74, Subchapter A, would require students to take one fine arts course in Grade 6, Grade 7, or Grade 8 beginning with students who enter Grade 6 in the 2010-2011 school year. The proposed amendments would also include technical edits to update the rules.
A discussion item was presented to the SBOE at the November 2009 meeting. Proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, were approved for first reading and filing authorization at the January 2010 meeting. No additional changes are recommended since approved for first reading.
Attachment II reflects the text of the proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, for consideration by the SBOE for second reading and final adoption.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to the state or persons required to comply with the proposed rule action. The TEA has determined that there may be fiscal implications for school districts that are not currently teaching the fine arts TEKS as a separate middle school course. Implications may include additional costs for school districts to increase staffing and acquire materials to support the teaching of courses they may not currently be teaching.
The TEA has determined that there is no direct adverse impact for small businesses or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: Benefits include a stronger curriculum for students in middle school.
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 January 2010 SBOE meeting, notice of the proposed amendments to 19 TAC Chapter 74, Subchapter A, 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 and corresponding agency responses regarding the proposed amendments to 19 TAC Chapter 74, Subchapter A, will be provided to the SBOE during the March 2010 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 amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, 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
Monica Martinez, Managing Director
Curriculum
Attachments:
I. Statutory Citations
II. Text of Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum