June 2019 Committee of the Full Board Item 2

Proposed Revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language
(Second Reading and Final Adoption)


June 14, 2019

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


SUMMARY: This item presents for second reading and final adoption proposed revisions to 19 Texas Administrative Code (TAC) Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.1-110.7, Subchapter B, Middle School, §§110.21-110.24, and Subchapter C, High School, §§110.36-110.39, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7, Subchapter B, Middle School, §§128.20-128.23, and Subchapter C, High School, §128.34 and §128.35, to make adjustments to align with recent revisions to the college and career readiness standards (CCRS) and to make technical adjustments, including the correction of inconsistencies that have been identified. This item also presents for second reading and final adoption proposed repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.10-110.16, and Subchapter B, Middle School, §§110.17-110.20, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.10-128.16, and Subchapter B, Middle School, §128.17 and §128.18. The proposed repeals would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 2009 for elementary and middle school English and Spanish language arts and reading and related implementation language that will be superseded by new 19 TAC §§110.1-110.7, 110.21-110.24, 128.1-128.7, and 128.20-128.23 beginning with the 2019-2020 school year.

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 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.

TEC, §28.025(a), requires the SBOE to by rule determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under the 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 revisions to 19 TAC Chapter 110 and Chapter 128 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 2020-2021 school year. The earlier effective date will enable districts to finish preparing for the implementation of the revised English and Spanish language arts and reading TEKS.

PREVIOUS BOARD ACTION:
The SBOE adopted the TEKS for English language arts and reading and Spanish language arts and reading and English as a second language effective September 1, 1998. Amendments to the TEKS for English language arts and reading were adopted effective September 4, 2008, and August 22, 2011. Amendments to the TEKS for Spanish language arts and reading and English as a second language were adopted effective November 26, 2008. In April 2014, the board began the review and revision of the English and Spanish language arts and reading TEKS. At the April 2017 meeting, the SBOE approved for second reading and final adoption proposed revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, and Subchapter B, Middle School, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, and Subchapter B, Middle School, with an implementation date of the 2019-2020 school year. At the June 2017 SBOE meeting, the board approved for second reading and final adoption proposed revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School, with an implementation date of the 2020-2021 school year. The SBOE approved for first reading and filing authorization proposed revisions to 19 TAC Chapters 110 and 128 at the April 2019 meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: In 2006, the 79th Texas Legislature required Texas Education Agency (TEA) and Texas Higher Education Coordinating Board (THECB) to establish vertical teams composed of public school educators and faculty from institutions of higher education to develop CCRS in the areas of English/language arts, mathematics, science, and social studies. The THECB adopted the CCRS in January 2008. The commissioner of education approved the CCRS, and the SBOE incorporated them into the TEKS as follows: English language arts and reading TEKS in 2008; mathematics and science TEKS in 2009; and social studies TEKS in 2010. In 2018, the THECB adopted updates to the CCRS for English/language arts and mathematics. The proposed revisions to 19 TAC Chapter 110 and Chapter 128 include the addition of student expectations to the TEKS to ensure complete alignment with the updated CCRS.

In 2017, the SBOE adopted revisions to the English and Spanish language arts and reading and English as a second language TEKS. The revised TEKS for elementary and middle school are scheduled to be implemented beginning with the 2019-2020 school year, and the revised TEKS for high school are scheduled to be implemented beginning with the 2020-2021 school year, depending on the availability of funding for instructional materials. Since the time of adoption, inconsistencies and necessary technical adjustments in the TEKS have been identified. The proposed revisions to 19 TAC Chapter 110 and Chapter 128 include making technical adjustments and clarifying student expectations.

Additionally, with the implementation of the revised English and Spanish language arts and reading TEKS for elementary and middle school scheduled for the 2019-2020 school year, the current TEKS in 19 TAC §§110.10-110.16 and 110.17-110.20 and 19 TAC §§128.10-128.18 are no longer needed and may now be repealed.

At the April 2019 SBOE meeting, the board approved for first reading and filing authorization proposed revisions to 19 TAC Chapter 110 and Chapter 128 to make adjustments to align with revisions to the CCRS and to make technical adjustments.

Attachment I reflects the text of proposed revisions to 19 TAC Chapter 110, Subchapters A-C, and Attachment II reflects the text of proposed revisions to 19 TAC Chapter 128, Subchapters A-C, for consideration by the SBOE for second reading and final adoption.

FISCAL IMPACT: No changes have been made to this section since published as proposed.

The TEA has determined that there are no additional costs to state or local government required to comply with the proposal.

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. 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 BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed.

The proposal would include additional clarification of the reading language arts standards to avoid confusion. 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 new data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed.

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:
Following the April 2019 SBOE meeting, notice of proposed revisions to
19 TAC Chapter 110 and Chapter 128 was filed with the Texas Register, initiating the public comment period. The public comment period on the proposal began May 3, 2019, and ended June 7, 2019. A summary of public comments received regarding the proposal will be provided to the SBOE prior to and during the June 2019 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in June 2019 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 revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language; and

Make an affirmative finding that immediate adoption of proposed revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, and 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, is necessary and shall have an effective date of 20 days after filing as adopted 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 Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support


Attachment I: Text of Proposed Revisions to 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter A, Elementary, §§110.1-110.7 and 110.10-110.16, Subchapter B, Middle School, §§110.21-110.24 and 110.17-110.20, and Subchapter C, High School, §§110.36-110.39

Attachment II: Text of Proposed Revisions to 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter A, Elementary, §§128.1-128.7 and 128.10-128.16, Subchapter B, Middle School, §§128.17, 128.18, and 128.20-128.23, and Subchapter C, High School, §128.34 and §128.35