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July 2015 Committee on Instruction Item 4

Proposed Repeal of 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter C, High School
(First Reading and Filing Authorization)

July 17, 2015

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: CONSENT

SUMMARY:
This item presents for first reading and filing authorization proposed repeal of 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter C, High School. The proposed repeal would remove the Texas Essential Knowledge and Skills (TEKS) adopted effective in 1998 for Kindergarten-Grade 8 and high school fine arts and related implementation language, which will be superseded by Subchapters D, E, and F of this chapter beginning with the 2015-2016 school year.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 repeal is 20 days after filing 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 2016-2017 school year. The earlier effective date will immediately repeal rules that have been superseded to avoid confusion.

PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for fine arts effective September 1, 1998. At its April 2013 meeting, the SBOE adopted revisions to the fine arts TEKS, which took effect July 28, 2013. The revised fine arts TEKS for Kindergarten-Grade 12 will be implemented beginning with the 2015-2016 school year.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBOE adopted proposed revisions to the fine arts TEKS for Kindergarten-Grade 12 in April 2013 for implementation in the 2015-2016 school year. With the implementation of the new fine arts TEKS in 19 TAC Chapter 117, Subchapters D-F, the current TEKS in 19 TAC Chapter 117, Subchapters A-C, are no longer needed and may now be repealed.

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 repeal. 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 better alignment of the TEKS and coordination of the standards with the adoption of instructional materials.

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

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed repeal would have no 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: To reduce the volume of the agenda and the cost of printing, the text of the proposed repeal of 19 TAC Chapter 117, Subchapters A-C, is not presented in this agenda. A copy of the text will be available at the meeting. The text can also be viewed on the TEA Administrative Rules webpage at http://ritter.tea.state.tx.us/rules/tac/chapter117/index.html.

A request for a public hearing on the proposed repeal of 19 TAC Chapter 117, Subchapters A-C, 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 repeal of 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter A, Elementary, Subchapter B, Middle School, and Subchapter C, High School.

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

Shelly Ramos, Division Director
Curriculum

Attachment:
Statutory Citations (PDF, 92KB)