January 2016 Committee of the Full Board Wednesday Item 3

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

January 29, 2016

COMMITTEE OF THE FULL BOARD: 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 B, Graduation Requirements, to update the rules and to align with recent legislative changes.

STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(4) and §28.025(a), (b-1)-(b-3), (b-12), (b-13), (b-19), (c-1)-(c-3), (c-5), and (e-1).

TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.

TEC, §28.025(a), requires the SBOE to by rule determine the curriculum requirements for the foundation high school program that are consistent with the required curriculum and to designate the specific courses in the foundation curriculum that are required under the foundation high school program.

TEC, §28.025(b-1), requires the SBOE to by rule require that the curriculum requirements for the foundation high school program include a requirement that students successfully complete four credits in English language arts, including one credit in English I, one credit in English II, one credit in English III, and one credit in an advanced English course; three credits in mathematics, including one credit in Algebra I, one credit in geometry, and one credit in any advanced mathematics course; three credits in science, including one credit in biology, one credit in any advanced science course, and one credit in integrated physics and chemistry or in an additional advanced science course; three credits in social studies, including one credit in United States history, at least one-half credit in government and at least one-half credit in economics, and one credit in world geography or world history; two credits in the same language in a language other than English; five elective credits; one credit in fine arts; and one credit in physical education.

TEC, §28.025(b-2), requires the SBOE, in adopting rules, to provide for a student to comply with the curriculum requirements for an advanced English course taken after successful completion of English I, English II, and English III, for an advanced mathematics course taken after the successful completion of Algebra I and geometry, and for any advanced science course by successfully completing a course in the appropriate content area that has been approved as an advanced course by board rule or that is offered as an advanced course for credit without board approval as provided by Section 28.002(g-1). TEC, §28.025(b-2), also requires the SBOE, in adopting rules, to allow a student to comply with the curriculum requirements for the third and fourth mathematics credits or the third and fourth science credits under Subsection (b-1)(1) by successfully completing an advanced career and technical education (CTE) course designated by the SBOE as containing substantively similar and rigorous academic content.

TEC, §28.025(b-3), requires the SBOE, in adopting rules for purposes of Subsection (b-2), to approve a variety of advanced English, mathematics, and science courses that may be taken to comply with the foundation high school program requirements, provided that each approved course prepares students to enter the workforce successfully or postsecondary education without remediation.

TEC, §28.025(b-12), requires the SBOE, in adopting rules to adopt criteria to allow a student to comply with the curriculum requirements for the two credits in a language other than English by substituting two credits in computer programming languages.

TEC, §28.025(b-13), requires the SBOE, in adopting rules to allow a student to substitute credit in another appropriate course for the second credit in the same language in a language other than English if the student, in completing the first credit, demonstrates that the student is unlikely to be able to complete the second credit. The board rules must establish the standards and, as applicable, the appropriate school personnel for making a determination and appropriate substitute courses.

TEC, §28.025(b-19), requires the SBOE, in adopting rules to adopt criteria to allow a student to comply with curriculum requirements for the world geography or world history credit by successfully completing a combined world history and world geography course developed by the SBOE.

TEC, §28.025(c-1), requires the SBOE to by rule provide students with multiple options for earning each endorsement, including, to the greatest extent possible, coherent sequences of courses. The SBOE by rule must permit a student to enroll in courses under more than one endorsement curriculum before the student's junior year.

TEC, §28.025(c-2), requires the SBOE, in adopting rules to require a student in order to earn any endorsement to successfully complete four credits in mathematics, which must include Algebra I, geometry, and two advanced mathematics courses; four credits in science, which must include biology, integrated physics and chemistry or an additional advanced science course, and two advanced science courses or an advanced career and technology course; and two additional elective credits. The SBOE, in adopting rules is also required to develop additional curriculum requirements for each endorsement with the direct participation of educators and business, labor, and industry representatives, and to require each school district to report to the agency the categories of endorsements for which the district offers all courses for curriculum requirements, as determined by board rule.

TEC, §28.025(c-3), requires the SBOE, in adopting rules to adopt criteria to allow a student participating in the arts and humanities endorsement, with the written permission of the student's parent or a person standing in parental relation to the student, to comply with the endorsement requirements for science by substituting a course related to that endorsement.

TEC, §28.025(c-5), permits a student to earn a performance acknowledgment by satisfying the requirements for that acknowledgment adopted by the SBOE by rule.

TEC, §28.025(e-1), requires the SBOE to adopt rules as necessary to administer the requirement that a school district clearly indicate a distinguished level of achievement, an endorsement, and a performance acknowledgment on the transcript of a student who satisfies the applicable requirements.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 74, Subchapter B, is August 22, 2016.

PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 74, Subchapter B, to implement the Foundation High School Program effective July 8, 2014. At the November 2015 meeting, the board approved amendments to 19 TAC Chapter 74, Subchapter B, for first reading and filing authorization.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The 83rd Texas Legislature, 2013, passed House Bill (HB) 5, amending the TEC, §28.025, to transition from three high school graduation programs to one foundation high school program with endorsement options to increase flexibility for students. HB 5 gave 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. At the September 2013 Committee of the Full Board meeting, the committee discussed the proposed new graduation requirements and repeal of graduation requirements that were no longer needed. At that time the committee requested that staff 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. At the January 2014 meeting, the SBOE approved proposed revisions to 19 TAC Chapter 74, Subchapter B, as amended, for second reading and final adoption. The rules were implemented beginning with students entering Grade 9 in the 2014-2015 school year.

The 84th Texas Legislature, 2015, passed HB 181, removing the requirement that school districts and charter schools print endorsements and performance acknowledgments on high school diplomas. Districts must still include this information on high school academic achievement records/transcripts. The 84th Texas Legislature, 2015, also passed HB 2349, amending requirements related to performance acknowledgments to replace specific references with more general references to college preparation assessments and preliminary college preparation assessments and to add state-recognized credentials to the performance acknowledgment for earning a nationally or internationally recognized business or industry certification or license.

At the September 2015 meeting, the committee discussed updates to the rule to clarify the language and align with recent legislative changes. At that time, the committee made a number of decisions regarding the proposed rules and requested that staff move forward with the preparation of rule text reflecting those decisions to be presented for first reading and filing authorization. At the November 2015 meeting, the board approved amendments to 19 TAC Chapter 74, Subchapter B, for first reading and filing authorization.

Attachment II reflects the text of proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, for consideration by the SBOE for second reading and final adoption. The proposed amendments would include the following.

Section 74.11, High School Graduation Requirements, would be amended to remove the requirement that school districts and charter schools print endorsements and performance acknowledgements on high school diplomas.

Section 74.12, Foundation High School Program, would be amended to update and clarify requirements for earning course credits in English language arts, mathematics, science, social studies, languages other than English, and fine arts.

Section 74.13, Endorsements, would be amended to add certain career development courses as options for courses that could be completed in a coherent sequence of courses to earn a science, technology, engineering, and mathematics; public services; or business and industry endorsement. This section would also be amended to allow the same course to count as part of the sequence of four courses for more than one endorsement.

Section 74.14, Performance Acknowledgments, would be amended to remove reference to a student earning a performance acknowledgement on the student's high school diploma, to replace specific references with more general references to college preparation assessments and preliminary college preparation assessments, and to add state-recognized credentials to the performance acknowledgment for earning a nationally or internationally recognized business or industry certification or license.

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 action. 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 added flexibility in course options for students to meet high school graduation requirements.

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 November 2015 SBOE meeting, notice of the proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, 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 public comments received regarding the proposal will be provided to the SBOE prior to and during the January 2016 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements.

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

Shelly Ramos, Division Director
Curriculum

Attachments:
I. Statutory Citations (PDF, 49KB)
II. Text of Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements (PDF, 110KB)