Jan-Feb 2018 Committee on Instruction Item 1

Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements,
Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript)
(First Reading and Filing Authorization)

February 2, 2018

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript), to update the rule to align with recent changes to graduation and instructional requirements.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(13), 28.0023, and 28.025, as amended by Senate Bill (SB) 30, 85th Texas Legislature, Regular Session, 2017.

TEC, §7.102(c)(13), requires the SBOE to adopt transcript forms and standards for differentiating high school performance for purposes of reporting academic achievement under TEC, §28.025.

TEC, §28.0023, requires the SBOE to adopt rules to require instruction in cardiopulmonary resuscitation for students in Grades 7-12.

TEC, §28.025, as amended by SB 30, 85th Texas Legislature, Regular Session, 2017, requires the SBOE to adopt rules to include the instruction on proper interaction with peace officers during traffic stops and other in-person encounters in one or more courses in the required curriculum for students in Grades 9-12.

EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §74.5 is August 27, 2018.

PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §74.5 effective June 18, 2014, to align with legislation passed by the 83rd Texas Legislature, Regular Session, 2013. In April 2016, the SBOE gave final approval to proposed amendment to 19 TAC §74.5 to align with legislation passed by the 84th Texas Legislature, 2015.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The 83rd Texas Legislature, Regular Session, 2013, passed House Bill (HB) 5, amending the TEC, §28.025, to change the high school graduation programs from the minimum, recommended, and advanced high school programs to one foundation high school program with endorsements to increase flexibility in graduation requirements for students.

In January 2014, the SBOE adopted rules to implement the Foundation High School Program, effective July 8, 2014. Under the Foundation High School Program, a specific speech course is not a requirement to graduate; alternatively, to satisfy the speech requirement, a student must demonstrate proficiency, as determined by the district in which the student is enrolled, in a set of speech-related skills: delivering clear verbal messages; choosing effective nonverbal behaviors; listening for desired results; applying valid critical-thinking and problem-solving processes; and identifying, analyzing, developing, and evaluating communication skills needed for professional and social success in interpersonal situations, group interactions, and personal and professional presentations. In April 2014, the SBOE gave final approval for proposed revisions to 19 TAC Chapter 74, Subchapter A, to align with the requirements of HB 5, including changes to the required content for the academic achievement records/transcripts and diplomas.

In 2013, the 83rd Texas Legislature also passed HB 897, amending the TEC, §28.0023, to require that the SBOE include instruction in cardiopulmonary resuscitation (CPR) for students in Grades 7-12. The legislation also requires school districts and open-enrollment charter schools to provide instruction in CPR and for students to receive the CPR instruction at least once before graduation. The legislation specifies that the instruction may be provided as part of any course.

The 84th Texas Legislature, Regular Session, 2015, passed HB 181, amending the TEC, §28.025(c-1), (c-5), and (e-1), to remove the requirement that school districts and charter schools identify endorsements and performance acknowledgments on high school diplomas. Districts must still include this information on high school academic achievement records/transcripts. The SBOE approved proposed amendment to 19 TAC §74.5 to align the rule for the academic achievement records with the requirements of HB 181 in April 2016.

The 85th Texas Legislature, Regular Session, 2017, passed SB 30, also known as the Community Safety Education Act. The legislation adds TEC, §28.012, to require the SBOE to enter into a memorandum of understanding with the Texas Commission on Law Enforcement (TCOLE) to establish the respective responsibilities of each agency in developing required instruction, including curriculum and instructional modules, on proper interaction with peace officers during traffic stops and other in-person encounters. SB 30 also requires the SBOE to adopt rules to include the instruction on proper interaction with peace officers during traffic stops and other in-person encounters in one or more courses in the required curriculum for students in Grades 9-12. At its November 2017 meeting, the Committee of the Full Board discussed the requirements of the new legislation and the board's rulemaking responsibility. First reading and filing authorization of proposed requirements for instruction on proper interaction with peace officers will be presented at a future SBOE meeting.

The proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript), shown as Attachment II, would update the rule for the academic achievement records to document the completion of requirements for speech, CPR instruction (if the instruction is provided in Grades 9-12), and instruction on proper interaction with law enforcement.

The proposed amendment was not presented as a discussion item. The SBOE, however, may wish to consider this item for first reading and filing authorization as authorized under its operating procedures. Therefore, this item is presented for first reading and filing authorization consideration at this meeting. It is recommended the SBOE consider this item for first reading and filing authorization to ensure sufficient time is provided to update student information systems used to transmit the academic achievement record between school districts and Texas colleges and universities, the Texas Records Exchange (TREx) system, and local student information systems.

FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there may be costs to districts and charter schools associated with required updates to local student information systems. These may include the need for professional development and amendments to district-developed databases. Since the design and format of and data collection for the academic achievement record (high school transcript) are made at the local district level, it is difficult to estimate the fiscal impact on any given district.

There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT: TEA staff has determined that the proposed amendment does not have a government growth impact pursuant to Texas Government Code, §2001.0221.

PUBLIC AND STUDENT BENEFIT: Benefits include improved documentation of requirements on the academic achievement record and the ability to more effectively transmit that information between school districts.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would require districts to report the completion of certain requirements and instruction on the academic achievement record.

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

PUBLIC COMMENTS:
The official public comment period will begin when the proposal, approved for first reading and filing authorization, 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.

Proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, are presented for second reading and final adoption as a separate item in this agenda.

MOTIONS TO BE CONSIDERED:
The State Board of Education:

Suspend the board operating procedures in accordance with §5.2(a) to allow consideration at first reading and filing authorization; and

Approve for first reading and filing authorization proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript).

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachments:
I. Statutory Citations (PDF, 20KB)
II. Text of Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter A, Required Curriculum, §74.5, Academic Achievement Record (Transcript) (PDF, 20KB)