July 2014 Committee of the Full Board Wednesday Item 6

Proposed Revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for
Languages Other Than English
(First Reading and Filing Authorization)

July 18, 2014

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

SUMMARY:
This item presents for first reading and filing authorization proposed revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English. The proposed revisions include amendment to Subchapter A, Elementary, §114.3, Implementation of Texas Essential Knowledge and Skills for Languages Other Than English, Elementary, Adopted 2014, and new Subchapter C, High School, §§114.47-114.52, relating to Classical Languages, Levels I-VII, and Seminar in Classical Languages. The proposed rule actions would add new Texas essential knowledge and skills (TEKS) for classical languages for implementation in the 2016-2017 school year.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002 and 28.025.

EFFECTIVE DATE: The proposed effective date of the proposed revisions to 19 TAC Chapter 114 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 2015-2016 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 languages other than English (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 was used for the review and revision of the LOTE TEKS.

The SBOE approved proposed revisions to 19 TAC Chapter 114, Subchapters A-D, for first reading and filing authorization at the January 2014 meeting and for second reading and final adoption at the April 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. 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; however, no one registered to provide testimony at the hearing. The SBOE approved proposed revisions to Chapter 114, Subchapters A-D, for first reading and filing authorization at the January 31, 2014, meeting. Also at the January meeting, the board directed staff to form two committees to make recommendations regarding the need for unique TEKS for classical languages and logographic languages.

A new course, Special Topics in Language and Culture, was developed by the LOTE TEKS review committee to address requirements in House Bill 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 required an earlier implementation date than the other LOTE TEKS.

A second public hearing was held on April 9, 2014; however, no one registered to provide testimony at the hearing. The SBOE approved proposed revisions to Chapter 114, Subchapters A-D, for second reading and final adoption at the April 11, 2014, meeting. The revised TEKS for LOTE approved for adoption at the April 2014 meeting will be implemented in classrooms in the 2016-2017 school year, with the exception of the Special Topics in Language and Culture course, which will be implemented beginning with the 2014-2015 school year. The board also directed staff to move forward with the recommendation of the LOTE TEKS committees for classical languages to develop new TEKS for classical languages.

The proposed revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, which will be provided as a separate exhibit at the July 2014 SBOE meeting, would amend Subchapter C, High School, to add new TEKS for Classical Languages, Levels I-VII, and Seminar in Classical Languages and would amend §114.3, Implementation of Texas Essential Knowledge and Skills for Languages Other Than English, Elementary, Adopted 2014, to add the new courses for implementation in the 2016-2017 school year to coincide with the implementation of the revisions to LOTE TEKS that were approved at the April 2014 meeting.

FISCAL IMPACT: There are fiscal implications for the TEA in fiscal year 2014 to reimburse committee members for travel to develop the LOTE TEKS for classical languages. There are also implications for the TEA if the state 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 agency receives an appropriation for professional development in the next biennium. For fiscal year 2014, the estimated cost to the TEA for developing the TEKS is $6,760.


There are anticipated fiscal implications for school districts and charter schools to implement the revised TEKS, which may include the need for professional development and revisions to 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: The official public comment period will begin when the proposal is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization proposed revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English.

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

Shelly Ramos, Division Director
Curriculum

Attachment:
Statutory Citations (PDF, 31KB)

Separate Exhibit:
Proposed Revisions to 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English
(to be provided at the July 2014 SBOE meeting)