January 2014 Committee of the Full Board Wednesday Item 2

Proposed Revisions to 19 TAC Chapter 74, Curriculum Requirements,
Subchapter B, Graduation Requirements
(Second Reading and Final Adoption)

January 31, 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 74, Curriculum Requirements, Subchapter B, Graduation Requirements, to repeal graduation requirements that are no longer needed and to add new rules for the foundation high school graduation program, as required by House Bill (HB) 5, 83rd Texas Legislature, Regular Session, 2013. No additional changes are recommended since approved for first reading.

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

EFFECTIVE DATE: The proposed effective date of the proposed revisions to 19 TAC Chapter 74, Subchapter B, 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 plan for future course offerings and schedule students in courses appropriately.

PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 74, Subchapter B, Graduation Requirements, effective September 1, 1996. Amendments to this subchapter were adopted effective October 13, 1997; September 1, 1998; and September 1, 2001. In August 2013, the SBOE held a work session to discuss changes to the graduation requirements in order to align with the requirements of HB 5. At the September 2013 Committee of the Full Board meeting, the committee discussed the proposed new graduation requirements and directed staff to move forward with the preparation of rule text for proposed revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, to be presented for first reading and filing authorization. The SBOE approved proposed revisions to 19 TAC Chapter 74, Subchapter B, as amended, for first reading and filing authorization at the November 2013 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The rules in 19 TAC Chapter 74, Subchapter B, currently outline the graduation requirements for students who entered Grade 9 in the 1998-1999, 1999-2000, or 2000-2001 school years. This item provides the opportunity for the board to repeal these rules as they are no longer needed. Attachment II reflects the text of the proposed repeal of 19 TAC Chapter 74, Subchapter B.

The 83rd Texas Legislature, Regular Session, 2013, passed HB 5, amending the TEC, §28.025, to transition from the three current high school graduation programs to one foundation high school program with endorsement options to increase flexibility for students. HB 5 gives the SBOE the authority to identify advanced courses related to the new graduation program, identify the curriculum requirements for the endorsements, and determine the requirements for performance acknowledgments related to the new graduation program.

Attachment III reflects the text of proposed new 19 TAC Chapter 74, Subchapter B, including amendments made by the SBOE at the November 2013 meeting, for consideration by the SBOE for second reading and final adoption. The proposed new rules include general requirements for high school graduation, credit and course requirements for students graduating under the foundation high school program, and requirements for earning endorsements and performance acknowledgments.

No additional changes are recommended since approved for first reading.

FISCAL IMPACT: The Texas Education Agency (TEA) 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 or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT: Benefits include added flexibility in course options for students to meet high school graduation requirements.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed rule actions would have new procedural and reporting requirements. Each school district would be required to report annually to the TEA the names of the locally developed courses, programs, institutions of higher education, and internships in which the district's students have enrolled.

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

PUBLIC COMMENTS: Following the November 2013 SBOE meeting, notice of the proposed revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, was filed with the Texas Register initiating the official public comment period. Numerous comments had been received at the time this item was prepared. A summary of public comments received regarding the proposal will be provided to the SBOE prior to and during the January 2014 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A public hearing on proposed revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, is presented for discussion as a separate item in this agenda. Additionally, proposed revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, are presented for first reading and filing authorization 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 proposed revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, with an effective date of 20 days after filing as adopted with the Texas Register.

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

Attachments:
I. Statutory Citations (PDF, 56KB)
II. Text of Proposed Repeal of 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements (PDF, 76KB)
III. Text of Proposed New 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements (PDF, 96KB)