January 2020 Committee on Instruction Item 3

Proposed Repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, §§110.30-110.34, and Subchapter D, Other High School English Language Arts and Reading Courses, §110.85, and Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School, §§128.30-128.32
(First Reading and Filing Authorization)

January 31, 2020

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, §§110.30-110.34, and Subchapter D, Other High School English Language Arts and Reading Courses, §110.85, and Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School, §§128.30-128.32. The proposed repeals would remove the Texas Essential Knowledge and Skills (TEKS) adopted to be effective in 2009 for high school English and Spanish language arts and reading and English as a second language and related implementation language that will be superseded by new 19 TAC §§110.35-110.39 and §§128.33-128.35 beginning with the 2020-2021 school year.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 repeals 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 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 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 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.

BACKGROUND INFORMATION AND JUSTIFICATION: 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 high school are scheduled to be implemented beginning with the 2020-2021 school year. 

With the implementation of the revised English and Spanish language arts and reading TEKS for high school scheduled for the 2020-2021 school year, the current TEKS in 19 TAC §§110.30-110.34, 110.85, and §§128.30-128.32 are no longer needed and may now be repealed.

The proposed rule action was not presented as a discussion item. The SBOE, however, may wish to consider this item for first reading and filing authorization as authorized under its operating procedures. Therefore, this item is presented for first reading and filing authorization consideration at this meeting. It is recommended that the SBOE consider this item for first reading and filing authorization to ensure that only those TEKS applicable for the 2020-2021 school year are included in the TAC to assist educators with planning and to avoid confusion. 

The text of 19 TAC §§110.30-110.34 and 110.85 proposed for repeal can be found on the TEA website at http://ritter.tea.state.tx.us/rules/tac/chapter110/index.html. The text of 19 TAC §§128.30-128.32 proposed for repeal can be found on the TEA website at http://ritter.tea.state.tx.us/rules/tac/chapter128/index.html.

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

LOCAL EMPLOYMENT IMPACT: 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: 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: 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: 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: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking would repeal existing regulations by removing rules that will be superseded beginning with the 2020-2021 school year.

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 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: The proposal would remove language that will be superseded by new rules beginning with the 2020-2021 school year to avoid confusion. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: 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: The public comment period on the proposal begins March 6, 2020, and ends April 10, 2020. 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. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on March 6, 2020.

MOTION TO BE CONSIDERED: The State Board of Education:

Suspend the board operating procedures in accordance with §5.2(a) to allow consideration at first reading and filing authorization; and

Approve for first reading and filing authorization the proposed repeal of 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, §§110.30-110.34, and Subchapter D, Other High School English Language Arts and Reading Courses, §110.85, and Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, Subchapter C, High School, §§128.30-128.32.

Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support