September 2019 Committee on Instruction Item 3

Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.30, Identification of Honors Courses
(Second Reading and Final Adoption)

September 13, 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 C, Other Provisions, §74.30, Identification of Honors Courses. The proposed amendment would update the list of languages other than English (LOTE) courses designated as honors courses to align with recent changes to the LOTE Texas Essential Knowledge and Skills (TEKS). No changes are recommended since approved for first reading.

STATUTORY AUTHORITY: Texas Education Code (TEC), §33.081.

TEC, §33.081, requires the State Board of Education (SBOE) to establish rules limiting participation in and practice for extracurricular activities during the school day and school week. TEC, §33.081(d-1), defines and restricts the courses that are exempt from the passing grade requirement for students to be eligible to participate in extracurricular activities.

The full text of the statutory citation can be found in the statutory authority section of this agenda.

EFFECTIVE DATE: The proposed effective date of the proposed amendment 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 would update the list of courses that are exempt from the passing grade requirement for the 2019-2020 school year.

PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §74.30 effective September 1, 1996. Section 74.30 was amended effective September 1, 1998. In March 2008, the SBOE adopted an amendment to 19 TAC §74.30 effective July 23, 2008. The SBOE approved for first reading and filing authorization the proposed amendment to 19 TAC §74.30 at the June 2019 meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: The 80th Texas Legislature passed Senate Bill 1517, amending TEC, §33.081, to define and restrict the courses that are exempt from the passing grade requirement for students to be eligible to participate in extracurricular activities. TEC, §33.081(d-1), specifies that the courses that are exempt include all Advanced Placement and International Baccalaureate courses. Additional courses that are exempt include honors and dual credit courses in the subjects of English language arts, mathematics, science, social studies, economics, and LOTE. 

The proposed amendment to §74.30 would update the LOTE courses that are designated as honors courses. These changes are necessary as a result of revisions to the LOTE TEKS. Additionally, the amendment would strike the reference to economics courses, which were combined with the TEKS for social studies effective with the 2019-2020 school year.

The attachment to this item reflects the text of the proposed amendment to 19 TAC §74.30 for consideration by the SBOE for second reading and final adoption. No changes are recommended since approved for first reading.

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

The Texas Education Agency (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 expand an existing regulation by adding LOTE courses that are designated as honors courses for the purpose of TEC, §33.081.

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 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 clarification regarding the courses that are exempt from the passing grade requirement for students to be eligible to participate in extracurricular activities. 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 June 2019 SBOE meeting, notice of the proposed amendment to 19 TAC §74.30 was filed with the Texas Register, initiating the public comment period. The public comment period on the proposal began August 2, 2019, and ended September 6, 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 September 2019 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in September 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 C, Other Provisions, §74.30, Identification of Honors Courses; and

Make an affirmative finding that immediate adoption of proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.30, Identification of Honors Courses, 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:    Text of Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.30, Identification of Honors Courses