June 20, 2023 Committee of the Full Board Item 1
Proposed New Texas Essential Knowledge and Skills for Occupational Safety and Health in 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter B, High School
(Second Reading and Final Adoption)
June 23, 2023
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 127, Texas Essential Knowledge and Skills for Occupational Safety and Health in 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter B, High School, §127.17, Career and Technical Education Standards in Occupational Safety and Health, Adopted 2023, and §127.18, Occupational Safety and Health (One Credit), Adopted 2023. The proposal would provide the opportunity for the board to consider two options for Texas Essential Knowledge and Skills (TEKS) in workplace safety and health. One option would establish a one-credit standalone high school course and a second option would establish a set of standards to be imbedded within each career and technical education (CTE) principles course.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a) and (c), and 28.025(a).
TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.
TEC, §28.002(a), identifies the subjects of the required curriculum.
TEC, §28.002(c), requires the SBOE to identify by rule the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments.
TEC, §28.025(a), requires the SBOE to determine by rule the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under TEC, §28.002.
The full text of statutory citations can be found in the statutory authority section of this agenda.
EFFECTIVE DATE: The proposed effective date of the proposed new section is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the 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 2024-2025 school year. The earlier effective date will allow districts to implement TEKS for occupational safety and health beginning with the 2023-2024 school year.
PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for career development in 2015 for implementation in the 2017-2018 school year. At the November 2022 SBOE meeting, the SBOE asked Texas Education Agency (TEA) staff to develop recommendations for TEKS for a new occupational safety and health course. At the January-February 2023 SBOE meeting, the SBOE discussed the development of the new standards.
At the April 2023 SBOE meeting, the board approved for first reading and filing authorization proposed new §127.17 and §127.18.
BACKGROUND INFORMATION AND JUSTIFICATION: In response to proposed updates to the state accountability system, TEA received feedback regarding the potential addition of industry-based certifications and/or additional courses to various career and technical education programs of study. Specifically, the agency received feedback recommending the development and adoption of a new TEKS-based course related to training standards established by the Occupational Safety and Health Administration, which could be included in a variety of relevant programs of study. TEA staff provided this feedback to the SBOE at the November 2022 meeting, and the SBOE agreed to move forward with development of TEKS for a course in occupational safety and health for implementation beginning in the 2023-2024 school year.
TEA staff developed a draft of TEKS for a new occupational safety and health course, and the draft was shared with board members in January 2023. A discussion item was presented to the board at the January-February 2023 SBOE meeting. In March 2023, the draft TEKS were presented to two CTE work groups for their review and feedback. Some work group members expressed interest in the standalone course while others expressed a preference for embedding occupational safety and health standards into existing CTE principles courses.
At the April 2023 SBOE meeting, TEA staff presented two options for occupational safety and health standards to the board. Proposed new §127.17, Career and Technical Education Standards in Occupational Safety and Health, Adopted 2023, identifies standards that would be embedded into the content for relevant CTE principles courses. Proposed new §127.18, Occupational Safety and Health (One Credit), Adopted 2023, identifies standards for a one-credit standalone course in occupational safety and health. The SBOE approved both proposals for first reading and filing authorization in order to solicit feedback from the public to help inform a final decision on the standards.
The attachment to this item reflects the text of the two options under consideration by the SBOE for second reading and final adoption. The SBOE may choose to approve one or both options.
FISCAL IMPACT: No changes have been made to this section since published as proposed.
TEA has determined that there are no additional costs to state government.
During the first five years the proposal is in effect, there may be fiscal implications for school districts and charter schools to implement the proposed new 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.
LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed.
The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: No changes have been made to this section since published as proposed.
The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed.
The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: No changes have been made to this section since published as proposed.
The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: No changes have been made to this section since published as proposed.
TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create a new regulation by requiring school districts that wish to offer occupational safety and health standards to implement the new TEKS.
The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed.
The proposed new TEKS would support student learning in workplace safety as part of select programs of study. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed.
The proposal would have no data or reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed.
TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: Following the April 2023 SBOE meeting, notice of proposed new §127.17 and §127.18 was filed with the Texas Register, initiating the public comment period. The public comment period began May 12, 2023, and ended at 5:00 p.m. on June 16, 2023. No comments had been received at the time this item was prepared. A summary of public comments received will be provided to the SBOE prior to and during the June 2023 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in June 2023 in accordance with the SBOE board operating policies and procedures.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for second reading and final adoption proposed new 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter B, High School, §127.17, Career and Technical Education Standards in Occupational Safety and Health, Adopted 2023, and §127.18, Occupational Safety and Health (One Credit), Adopted 2023; and
Make an affirmative finding that immediate adoption of proposed new 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter B, High School, §127.17, Career and Technical Education Standards in Occupational Safety and Health, Adopted 2023, and §127.18, Occupational Safety and Health (One Credit), Adopted 2023, is necessary and shall have an effective date of 20 days after filing with the Texas Register. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Programs
Shelly Ramos, Senior Director, Curriculum Standards and Student Support
Attachment:
Text of Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development and Career and Technical Education, Subchapter B, High School, §127.17, Career and Technical Education Standards in Occupational Safety and Health, Adopted 2023, and §127.18, Occupational Safety and Health (One Credit), Adopted 2023