18_10 Proposed Amendment to 19 TAC §76.1001
Commissioner's Rules
Proposed Amendment to 19 TAC Chapter 76, Extracurricular Activities, Subchapter AA, Commissioner's Rules, §76.1001, Extracurricular Activities
Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed Amendment to 19 TAC Chapter 76, Extracurricular Activities, Subchapter AA, Commissioner's Rules, §76.1001, Extracurricular Activities (PDF)
SUMMARY: The rule action presented in this item was filed as proposed with the Texas Register under the commissioner's rulemaking authority. This item proposes an amendment to 19 TAC Chapter 76, Extracurricular Activities, Subchapter AA, Commissioner's Rules, §76.1001, Extracurricular Activities. The proposed amendment would allow a student who has not passed all his or her classes but who is enrolled in a state-approved music course that participates in University Interscholastic League (UIL) Concert and Sightreading Evaluation to perform with the ensemble during the UIL evaluation performance.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.055(b)(41).
TEC, §7.055(b)(41), requires the commissioner of education to adopt rules relating to extracurricular activities under TEC, §33.081, which limits the participation in and practice for extracurricular activities during the school day and the school week and establishes the parameters and exemptions of student participation in an extracurricular activity or a UIL competition as they relate to student grades.
EARLIEST POSSIBLE DATE OF ADOPTION: December 10, 2018.
PROPOSED EFFECTIVE DATE: February 10, 2019.
BACKGROUND INFORMATION AND JUSTIFICATION: TEC, §7.055(b)(41), requires the commissioner of education to adopt rules relating to extracurricular activities under TEC, §33.081, which limits the participation in and practice for extracurricular activities during the school day and the school week and establishes the parameters and exemptions of student participation in an extracurricular activity or a UIL competition as they relate to student grades.
Section 76.1001 establishes definitions, requirements, exceptions, and procedures for participation in and practice for extracurricular activities during the school day and school week.
Section 76.1001(a) defines an extracurricular activity as one that is sponsored by the UIL, the school district board of trustees, or an organization that has been sanctioned by the board of trustees. The activity is not necessarily directly related to instruction of the essential knowledge and skills but may have an indirect relation to some areas of the curriculum.
Currently, all UIL competitions are considered extracurricular and, therefore, are subject to students meeting certain grade requirements under TEC, §33.081(c), to be eligible for participation. The UIL Concert and Sightreading Evaluation for music ensembles is the only UIL event in which participants do not compete against others. Ensembles receive a rating, there are no winners named, and ensembles do not advance toward another level of competition that culminates in a state championship. Participation in the contest is the culmination of a long-term project-based-learning curricular experience that is an extension of the classroom. To emphasize the event's purpose as being evaluative rather than competitive, the UIL Legislative Council changed the name of the event from UIL Concert and Sightreading Contest to UIL Concert and Sightreading Evaluation in November 2017.
Because UIL Concert and Sightreading Evaluation is curricular in nature and is not a competition among participants, Texas Education Agency (TEA) has determined that the event should not be subject to the grade requirements under TEC, §33.081(c).
The proposed amendment would add new subsection (a)(3) to allow students who have not passed all their classes but who are enrolled in a state-approved music course that participates in UIL Concert and Sightreading Evaluation to perform with the ensemble during the UIL evaluation performance.
FISCAL IMPACT: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed amendment. 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, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. 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 create a new regulation; 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 AND STUDENT BENEFIT: The proposed amendment would provide districts flexibility to allow certain students to participate in the UIL Concert and Sightreading Evaluation that is often associated with state-approved music courses.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no new procedural and reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: The public comment period on the proposal begins November 9, 2018, and ends December 10, 2018.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A request for 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 on November 9, 2018.
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support