January 2019 Committee of the Full Board Item 9

Procedural Action Related to New 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit)
(First Reading and Filing Authorization)

February 1, 2019

COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: CONSENT


SUMMARY: In order to correct a procedural error made by the Texas Education Agency (TEA), this item presents for first reading and filing authorization proposed new 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit). This action would authorize the TEA to re-file the proposal adopted by the SBOE in September 2018 and would allow for implementation of the new course at the beginning of the 2019-2020 school year on the same timeline as the original adoption.

STATUTORY AUTHORITY:
Texas Education Code (TEC), §7.102(c)(4) and §28.002.

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 by rule identify 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.

EFFECTIVE DATE: The proposed effective date of the proposed new rule is July 1, 2019.

PREVIOUS BOARD ACTION:
At the January-February 2018 meeting, the SBOE discussed the development of the Texas Essential Knowledge and Skills (TEKS) for a Mexican American studies course. The SBOE again discussed the addition of a Mexican American studies course at their April 2018 meeting. At the June 2018 SBOE meeting, the board approved proposed new 19 TAC §113.50 for first reading and filing authorization. At the September 2018 SBOE meeting, the board approved proposed new 19 TAC §113.50 for second reading and final adoption.

BACKGROUND INFORMATION AND JUSTIFICATION: Following June action by the SBOE to approve the proposal for first reading and filing authorization, TEA filed the proposal for publication in the Texas Register on July 13, 2018. The filing initiated a timeline that required the filing of the rule as adopted by January 14, 2019. Because of a procedural error by TEA, the rule that was approved by the SBOE in September 2018 was not filed by the January deadline and the proposal has expired. In order for the rule to become effective so that the new course may be implemented beginning with the 2019-2020 school year, this item requests approval by the SBOE to authorize the agency to re-file the rule using the exact language approved by the SBOE at second reading and final adoption in September 2018.

FISCAL IMPACT: The TEA has determined that there are no additional costs to state or local government required to comply with the proposed new rule.

LOCAL EMPLOYMENT IMPACT: 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:
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:
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:
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: 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 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 BENEFIT AND COST TO PERSONS:
The proposal would add a new TEKS-based course option for students and increase flexibility in meeting graduation requirements. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT:
The proposal would have no procedural and reporting requirements.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS:
The 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:
The public comment period will begin when the proposal, approved for first reading and filing authorization by the SBOE, is published in the Texas Register. A summary of public comments that were received during the last public comment period and responses to those comments will be included in the refile of this proposal.

MOTION 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 new 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit), as approved by the State Board of Education in September 2018, with an effective date of July 1, 2019.

Staff Members Responsible:

Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support

Attachment:
Text of Proposed New 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit)