April 2020 Committee of the Full Board Item 2

Proposed Revisions to 19 TAC Chapter 126, Texas Essential Knowledge and Skills for 
Technology Applications, and Chapter 130, Texas Essential Knowledge and Skills for 
Career and Technical Education

(Second Reading and Final Adoption)

April 17, 2020

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 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, and Subchapter D, Other Technology Applications Courses, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources; Subchapter C, Arts, Audio/Video Technology, and Communications; Subchapter K, Information Technology; Subchapter O, Science, Technology, Engineering, and Mathematics; and Subchapter Q, Energy. The proposed revisions would update the Texas Essential Knowledge and Skills (TEKS) to align with recent legislation requiring the board to consolidate high school technology applications TEKS into the career and technical education (CTE) TEKS and eliminate TEKS for duplicative courses. The proposed revisions would also update the TEKS for CTE to add a new career cluster in energy to align with revised programs of study. No changes are recommended since approved for first reading.

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 is August 1, 2020. 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 allow districts of innovation that begin school prior to the statutorily required start date to implement the proposed rulemaking when they begin their school year.

PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for CTE, including career development, effective September 1, 1998. The CTE TEKS were last amended to be effective August 28, 2017.
A discussion item regarding proposed revisions to 19 TAC Chapter 126 and Chapter 130 was presented to the Committee of the Full Board at the November 2019 SBOE meeting. At the time, committee members asked staff to prepare rule text to reflect the addition of TEKS for a new Energy career cluster and consolidation of high school technology applications and CTE courses. At the January 2020 meeting, the board approved proposed revisions to 19 TAC Chapter 126 and Chapter 130 for first reading and filing authorization.

BACKGROUND INFORMATION AND JUSTIFICATION: The 86th Texas Legislature, 2019, passed House Bill 963, which required the SBOE, not later than March 1, 2020, to conduct a review of the TEKS for CTE and technology applications courses for Grades 9-12 and amend the board's rules to consolidate courses and eliminate duplicative courses. The SBOE is only required to implement this provision if the legislature appropriated money specifically for that purpose. If the legislature did not appropriate money specifically for that purpose, the SBOE may, but is not required to, implement a requirement using other appropriations available for that purpose. The legislature did not appropriate money specifically for the purpose of implementing this requirement.

Texas is redesigning state-level programs of study to include coherent and rigorous content with challenging academic standards and relevant career and technical content. Programs of study will be aligned with state and regional labor market information, including high-wage, high-skill, and in-demand occupations. As a part of the program of study revision process, Texas conducted a statewide labor market analysis that discovered several instances where occupations and postsecondary training overlap. As part of this process, it was recommended that a new career cluster in energy be added to address programs of study in the energy industry.

The attachment to this item reflects the text of proposed revisions to 19 TAC Chapter 130 for consideration by the SBOE for second reading and final adoption. The text of 19 TAC §§126.31-126.52 and 126.61-126.67 proposed for repeal can be found on the TEA website at http://ritter.tea.state.tx.us/rules/tac/chapter126/index.html

In Chapter 126, all but two of the courses in Subchapters C and D would be repealed and proposed as new courses in Chapter 130. Section 126.40 and §126.45, relating to robotics programming and digital video and audio design, are duplicative of other courses in Chapter 130 and would not be re-proposed as new courses in Chapter 130.

In Chapter 130, the repealed courses from Chapter 126 would be proposed as new courses in Subchapters C, K, and O. Subchapter K would also include the repeal of duplicative courses in web technologies and computer programming. New Subchapter Q would include two courses currently contained in Subchapter A as well as five new courses.

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 create new regulations and repeal existing regulations. The proposed revisions would consolidate high school technology applications TEKS into the CTE TEKS and eliminate TEKS for duplicative courses. The proposed revisions would also update the TEKS for CTE to add a new career cluster in energy to align with revised programs of study.

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 expand or limit 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 consolidate high school technology applications TEKS into the CTE TEKS and eliminate TEKS for duplicative courses. 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 January 2020 SBOE meeting, notice of the proposed revisions to 19 TAC Chapter 126 and Chapter 130 was filed with the Texas Register, initiating the public comment period. The public comment period on the proposal began March 6, 2020, and ended April 10, 2020. 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 April 2020 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in April 2020 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 the proposed revisions to 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, and Subchapter D, Other Technology Applications Courses, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources; Subchapter C, Arts, Audio/Video Technology, and Communications; Subchapter K, Information Technology; Subchapter O, Science, Technology, Engineering, and Mathematics; and Subchapter Q, Energy; and

Make an affirmative finding that immediate adoption of the proposed revisions to 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter C, High School, and Subchapter D, Other Technology Applications Courses, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources; Subchapter C, Arts, Audio/Video Technology, and Communications; Subchapter K, Information Technology; Subchapter O, Science, Technology, Engineering, and Mathematics; and Subchapter Q, Energy, is necessary and shall have an effective date of August 1, 2020. (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 Revisions to 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources; Subchapter C, Arts, Audio/Video Technology, and Communications; Subchapter K, Information Technology; Subchapter O, Science, Technology, Engineering, and Mathematics; and Subchapter Q, Energy