April 2020 Committee of the Full Board Item 3

Proposed Revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, and Subchapter D, Other Social Studies Courses
(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 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, and Subchapter D, Other Social Studies Courses, to add Texas Essential Knowledge and Skills (TEKS) for a new African American studies ethnic studies course, to renumber sections, and to update references to course numbers and titles to reflect recent revisions to the social studies TEKS. 

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 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 social studies effective September 1, 1998. Amendments to the social studies TEKS were adopted effective August 23, 2010. Amendments to the social studies TEKS were last adopted effective August 1, 2019. A discussion item regarding proposed revisions to 19 TAC Chapter 113 was included on the agenda for the Committee of the Full Board during the November 2019 SBOE meeting. At that time, the board requested that staff develop a proposal for TEKS for an ethnic studies course in African American studies based on the currently approved innovative course, African American Studies. At the January 2020 SBOE meeting, the board approved for first reading and filing authorization proposed revisions to 19 TAC Chapter 113, Subchapters C and D.

BACKGROUND INFORMATION AND JUSTIFICATION: The 83rd Texas Legislature, 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 endorsements to increase flexibility in graduation requirements for students. In August 2013, the SBOE held a work session to discuss changes to the graduation requirements in order to align with the requirements of HB 5, including discussion of courses required by HB 5. 

There are currently state-approved TEKS for general social studies elective courses that allow educators to select specific historical, cultural, or research topics in social studies to address in greater depth. In social studies, these courses include Special Topics in Social Studies, Social Studies Research Methods, Social Studies Advanced Studies, and Ethnic Studies: Mexican American Studies. 

In June 2019, a new African American Studies innovative course was approved by the commissioner of education for use beginning with the 2019-2020 school year. School districts and open-enrollment charter schools may offer any state-approved innovative course for elective credit with the approval of the local board of trustees. In accordance with SBOE rules regarding innovative courses, the newly approved African American Studies innovative course was presented to the SBOE at its November 2019 meeting for discussion and consideration for inclusion in the TEKS. At that time, the board requested that a proposal for TEKS for the course be presented at a subsequent meeting. At the January 2020 SBOE meeting, the board approved for first reading and filing authorization proposed revisions to 19 TAC Chapter 113, Subchapters C and D, including TEKS for the proposed new Ethnic Studies: African American Studies course.

Proposed new §113.51 would add TEKS for a new ethnic studies course in African American studies. Existing §§113.51-113.68 and 113.71-113.80 would be repealed and proposed with new section numbers in order to move Social Studies Advanced Studies and Economics Advanced Studies from Subchapter D to the high school courses in Subchapter C and to group the ethnic studies courses together. The content of the renumbered sections would not change except to update references to course numbers and titles in proposed new §§113.102, 113.104-113.106, 113.111, 113.114, and 113.115 to reflect recent revisions to the social studies TEKS. In addition, the implementation language in §113.30 and proposed new §113.101 would be updated to remove outdated references to section numbers and school years. 

The attachment to this item reflects the text of the proposed revisions to 19 TAC Chapter 113 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 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 new rule would create a new regulation by adding a new TEKS-based course option for students. 

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, 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 proposed new rule 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: No changes have been made to this section since published as proposed.

The proposal would have no 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 113 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 proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, and Subchapter D, Other Social Studies Courses; and

Make an affirmative finding that immediate adoption of the proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, and Subchapter D, Other Social Studies Courses, 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 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, and Subchapter D, Other Social Studies Courses