June 2019 Committee on Instruction Item 2

Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements
(Second Reading and Final Adoption)


June 14, 2019

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION


SUMMARY:
This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements. The proposed amendment would update the rule to align with the requirements of TEC, §28.025(b-7), which allows a student who completes the core curriculum of a Texas institution of higher education (IHE) while in high school to earn an endorsement, the distinguished level of achievement, and a high school diploma. No changes are recommended since approved for first reading.

STATUTORY AUTHORITY:
Texas Education Code (TEC), §7.102(c)(4) and §28.025(b-7).

TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.

TEC, §28.025(b-7), requires the SBOE to by rule ensure that a student may comply with the curriculum requirements under the foundation high school program or for an endorsement by successfully completing appropriate courses in the core curriculum of an IHE under TEC, §61.822. Additionally, a student who has completed the core curriculum of an IHE under TEC, §61.822, as certified by the IHE in accordance with 19 TAC §4.28, is considered to have earned a distinguished level of achievement under the foundation high school program and is entitled to receive a high school diploma.

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 amendment is August 26, 2019. 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 ensure the rule aligns with current statute at the earliest date possible.

PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 74, Subchapter B, to implement the Foundation High School Program effective July 8, 2014. The SBOE adopted amendments to 19 TAC §74.11 effective August 22, 2016, and August 27, 2018. At the April 2019 SBOE meeting, the board approved for first reading and filing authorization the proposed amendment to 19 TAC §74.11.

BACKGROUND INFORMATION AND JUSTIFICATION: The 83rd Texas Legislature, Regular Session, 2013, passed House Bill (HB) 5, amending TEC, §28.025, to transition from three high school graduation programs to one foundation high school program with endorsement options to increase flexibility for students. HB 5 gave the SBOE the authority to identify advanced courses related to the new graduation program, identify the curriculum requirements for the endorsements, and determine the requirements for performance acknowledgments related to the new graduation program.

The SBOE implemented HB 5 by approving proposed revisions to 19 TAC Chapter 74, Subchapter B, Graduation Requirements, as amended, for second reading and final adoption at the January 2014 meeting. The rules were implemented beginning with students entering Grade 9 in the 2014-2015 school year.

The proposed amendment to §74.11 would update the rule to align with the requirements of TEC, §28.025(b-7), which allows a student who completes the core curriculum of a Texas IHE while in high school to earn an endorsement, the distinguished level of achievement, and a high school diploma.

The attachment to this item reflects the text of the proposed amendment to 19 TAC §74.11 for consideration by the SBOE for second reading and final adoption. The proposal would add in new subsection (n) the requirement that school districts must permit a student to comply with the curriculum requirements under the Foundation High School Program by successfully completing appropriate courses in the core curriculum of an IHE. The new subsection would also specify that a student who has completed the core curriculum of an IHE in accordance with TEC, §61.822, is considered to have earned an endorsement and a distinguished level of achievement under the Foundation High School Program and is entitled to receive a high school diploma.

In addition, a technical edit would be made in subsection (g) to remove reference to 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits. The chapter will be repealed to reflect the inclusion of economics courses in 19 TAC
Chapter 113, Texas Essential Knowledge and Skills for Social Studies.No changes are recommended since approved for first reading.

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 add flexibility in options for students to meet high school graduation requirements. 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 amendment to 19 TAC §74.11 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. No comments had been received at the time this item was prepared. A summary of any 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 amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements; and

Make an affirmative finding that immediate adoption of proposed amendment to19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements, is necessary and shall have an effective date of August 26, 2019. (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: Text of Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.11, High School Graduation Requirements