September 9, 2020 Committee of the Full Board Item 4
Proposed New 19 TAC Chapter 116, Texas Essential Knowledge and Skills for Physical Education, Subchapter A, Elementary, §§116.11-116.17, Subchapter B, Middle School, §§116.25-116.28, and Subchapter C, High School, §§116.61-116.64
(First Reading and Filing Authorization)
September 11, 2020
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization proposed revisions to 19 Texas Administrative Code (TAC) Chapter 116, Texas Essential Knowledge and Skills for Physical Education, Subchapter A, Elementary, §§116.11-116.17, Subchapter B, Middle School, §§116.25-116.28, and Subchapter C, High School, §§116.61-116.64. The proposed new sections would update the standards to reflect current physical education research and best practices and align with changes to requirements in state statute.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), and (d); 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, §28.002(d), requires the SBOE to by rule adopt essential knowledge and skills for the physical education curriculum.
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 new sections 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 2021-2022 school year. The earlier effective date will enable districts to begin preparing for implementation of the revised TEKS.
PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for physical education effective September 1, 1998. A discussion item was presented to the Committee of the Full Board at the June-July 2020 SBOE meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: In accordance with statutory requirements that the SBOE by rule identify the essential knowledge and skills of each subject in the required curriculum, the SBOE follows a board-approved cycle to review and revise the essential knowledge and skills for each subject.
The review of the Texas Essential Knowledge and Skills (TEKS) for physical education is taking place concurrently with the review of the health education TEKS. In March 2019, applications to serve on the physical education TEKS review work groups were posted on the Texas Education Agency (TEA) website. At the April 2019 meeting, SBOE members were asked to designate content advisors for the physical education TEKS review. In May 2019, TEA distributed a survey to collect information from educators regarding the review and revision of the physical education TEKS. TEA staff provided applications for the physical education review work groups to SBOE members on a monthly basis from June 2019 to May 2020.
In August 2019, physical education TEKS review content advisors met in a face-to-face meeting to develop consensus recommendations regarding revisions to the physical education TEKS to share with future work groups. At that time, the content advisors met with representatives from Work Group A to discuss the consensus recommendations. Work Group A convened in September 2019 to review survey results and recommend specific topics that should be included in the proposed framework developed by the content advisors. The work group was also charged with identifying where student expectations from the current TEKS would fit into the proposed framework. Work Group B was convened in October 2019 and was charged with identifying the grade levels where topics developed by Work Group A should be taught. Work Group C was convened in December 2019 to draft recommendations for student expectations for two of the six strands in the proposed framework. Work Group D was convened at the end of February 2020 to draft recommendations for the remaining strands. Work Group E was convened for a face-to-face meeting in March 2020 and in subsequent virtual meetings in April-May 2020 to review the vertical alignment of the strands across all grade levels and to ensure horizontal alignment with the health education TEKS. In May 2020, content advisors were sent the draft recommendations for review and met virtually to develop consensus recommendations to be provided to the SBOE. At the June-July SBOE meeting, the board asked TEA to reconvene the content advisors to develop final recommendations for revisions to the physical education TEKS. The content advisors met virtually in July 2020 to develop final recommendations for revisions to the physical education TEKS.
The proposed new sections would supersede the existing physical education TEKS for elementary, middle school, and high school in §§116.1-116.7, 116.21-116.24, and 116.51-116.56. The proposal recommends an implementation date of the 2022-2023 school year.
The attachment to this item reflects the text of proposed new §§116.11-116.17, 116.25-116.28, and 116.61-116.64 for consideration by the SBOE for first reading and filing authorization.
A public hearing on the proposed new sections is presented as a separate item in this agenda.
FISCAL IMPACT: TEA has determined that for the first five years the proposal is in effect (2021-2025), there are no fiscal implications to the state. However, in fiscal years 2019 and 2020, there was a fiscal impact to TEA to reimburse committee members for travel to review the physical education TEKS. For fiscal years 2019 and 2020, the combined estimated cost to TEA was $72,928. There will also be implications for the TEA if the state develops professional development to help teachers and administrators understand the revised TEKS. Any professional development that is created would be based on whether the TEA received an appropriation for professional development in the next biennium.
There may be fiscal implications for school districts and charter schools to implement the proposed revisions to the TEKS, which may include the need for professional development and revisions to district-developed databases, curriculum, and scope and sequence documents. Since curriculum and instruction decisions are made at the local district level, it is difficult to estimate the fiscal impact on any given district.
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. During the first five years the proposed rulemaking would be in effect, it would repeal existing regulations and create new regulations by revising the physical education TEKS required to be offered by school districts and charter schools.
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: The proposed new sections would better align the TEKS and coordinate the standards with the adoption of instructional materials. 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: 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 October 9, 2020, and ends November 13, 2020. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in November 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 October 9, 2020.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for first reading and filing authorization proposed new 19 TAC Chapter 116, Texas Essential Knowledge and Skills for Physical Education, Subchapter A, Elementary, §§116.11-116.17, Subchapter B, Middle School, §§116.25-116.28, and Subchapter C, High School, §§116.61-116.64.
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support
Text of Proposed New 19 TAC Chapter 116, Texas Essential Knowledge and Skills for Physical Education, Subchapter A, Elementary, §§116.11-116.17, Subchapter B, Middle School, §§116.25-116.28, and Subchapter C, High School, §§116.61-116.64