April 2014 Committee of the Full Board Wednesday Item 4

Proposed Revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, Subchapter B, Middle School,
Subchapter C, High School, and Subchapter D, Other Languages Other Than English Courses
(Second Reading and Final Adoption)

April 11, 2014

COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and Subchapter D, Other Languages Other Than English Courses. The proposed revisions recommend an implementation date of the 2016-2017 school year for the revised languages other than English (LOTE) Texas Essential Knowledge and Skills (TEKS), except for the Special Topics in Language and Culture course, which would be implemented during the 2014-2015 school year.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002; and 28.025, as amended by House Bill (HB) 5, 83rd Texas Legislature, Regular Session, 2013.

EFFECTIVE DATE: The proposed effective date of the proposed revisions to 19 TAC Chapter 114, Subchapters A-D, 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 2014-2015 school year. The earlier effective date will enable districts to begin preparing for implementation of the revised TEKS.

PREVIOUS BOARD ACTION: The SBOE adopted the LOTE TEKS effective September 1, 1998. In February 2013, the board approved changes to its operating rules and directed staff to update the process for review and revision of the TEKS to align with these changes. The revised process is being used for the review and revision of the LOTE TEKS.

At the November 2013 meeting, the SBOE postponed a discussion item regarding proposed revisions to the LOTE TEKS until the January 2014 meeting. Proposed revisions to 19 TAC Chapter 114, Subchapters A-D, were approved for first reading and filing authorization at the January 2014 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Applications for appointment to LOTE TEKS review committees were accepted by the Texas Education Agency (TEA) from December 2012 to January 2013. Applications received were provided to SBOE members at their January 2013 meeting so that board members could complete their nominations. Nominations for LOTE TEKS review committee members and appointments of expert reviewers were made in May 2013.

The LOTE TEKS review committees convened in Austin in June 2013 to begin work on draft recommendations for revisions to the TEKS. Expert reviewers provided their initial feedback on the current LOTE TEKS to the SBOE in August. The TEKS review committees met again in August 2013 to complete their initial draft recommendations.

In September 2013, the first draft recommendations were provided to the board and to the board-appointed expert reviewers and posted to the TEA website for informal public feedback. During the September 2013 SBOE meeting, two expert reviewers and one representative from each LOTE TEKS review committee provided invited testimony to the Committee of the Full Board. Expert reviewers provided feedback on the committee's draft recommendations in October.

The LOTE TEKS review committees met for a third time in October 2013 in order to finalize their recommendations for revisions to the TEKS. The SBOE-appointed expert reviewers participated in this meeting and their feedback on the draft recommendations was provided to the TEKS review committee members at this meeting. The final recommendations from the review committees were posted on the TEA website in November 2013 and were shared with the expert reviewers. The experts' final feedback on the recommendations was provided to the SBOE at the January 2014 meeting. A public hearing on the proposed revisions to the LOTE TEKS was held on January 28, 2014, and the SBOE approved proposed revisions to Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and Subchapter D, Other Languages Other Than English Courses, for first reading and filing authorization at the January 31, 2014 meeting.

A new course, Special Topics in Language and Culture, was developed to address requirements in HB 5, 83rd Texas Legislature, Regular Session, 2013, that allow students who have completed one credit in a language other than English but who are unlikely to successfully complete a second credit in that language to substitute credit in another course. In order for the new course to be available for the implementation of the new foundation high school program graduation requirements in the 2014-2015 school year, the TEKS for the Special Topics in Language and Culture course would require an earlier implementation date than the other LOTE TEKS.

Attachment II reflects the text of the proposed revisions to 19 TAC Chapter 114, Subchapters A-D, as published as proposed in the Texas Register, for consideration by the SBOE for second reading and final adoption.

FISCAL IMPACT: There are fiscal implications for the TEA in fiscal years 2013 and 2014 for reviewing and revising the LOTE TEKS, including reimbursement to committee members for travel at an estimated cost of $46,020 for fiscal year 2013 and $33,360 for fiscal year 2014. There are also implications for the state if the TEA develops professional development to help teachers and administrators understand the revisions to the TEKS. Any professional development that is created would be based on whether the TEA receives an appropriation for professional development in the next biennium.

There are anticipated fiscal implications for school districts and charter schools as they comply with implementation of the new TEKS. The fiscal implications may occur in the form of professional development needs and the need to revise and update district-developed databases, curriculum, and scope and sequence documents. Since curriculum and instruction decisions are made at the local district level, it is difficult to estimate the fiscal impact on any given district.

The TEA has determined that there is no direct adverse economic 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 better alignment of the TEKS and coordination of the standards with the adoption of instructional materials.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed revisions would have no procedural and reporting requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed revisions would have no new locally maintained paperwork requirements.

PUBLIC COMMENTS: Following the January 2014 SBOE meeting, notice of the proposed revisions to 19 TAC Chapter 114, Subchapters A-D, was filed with the Texas Register, initiating the public comment period. A summary of any public comments received regarding the proposal will be provided to the SBOE prior to and during the April 2014 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES:  A public hearing regarding proposed revisions to 19 TAC Chapter 114, Subchapters A-D, is included as a separate item 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 the proposed revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and Subchapter D, Other Languages Other Than English Courses, with an effective date of 20 days after filing as adopted with the Texas Register.

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs

Shelly Ramos, Managing Director
Curriculum

Attachments:
I. Statutory Citations (PDF, 39KB)
II. Text of Proposed Revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter A, Elementary, Subchapter B, Middle School, Subchapter C, High School, and Subchapter D, Other Languages Other Than English Courses (PDF, 429KB)