November 17, 2021 Committee of the Full Board Item 4

Proposed Repeal of 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter E, §§130.161-130.166; Subchapter G, §§130.201-130.211; Subchapter H, §§130.221-130.234; Subchapter I, §§130.251-130.263; Subchapter L, §§130.331-130.343; Subchapter O, §§130.401-130.435; and Proposed New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter G, §§127.309-127.314; Subchapter I, §§127.402-127.415; Subchapter J, §§127.468-127.480; Subchapter M, §§127.625-127.648; and Subchapter O, §§127.742-127.776
(First Reading and Filing Authorization)

November 19, 2021

COMMITTEE OF THE FULL BOARD: 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 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter E, Education and Training, §§130.161-130.166; Subchapter G, Government and Public Administration, §§130.201-130.211; Subchapter H, Health Science, §§130.221-130.234; Subchapter I, Hospitality and Tourism, §§130.251-130.263; Subchapter L, Law, Public Safety, Corrections, and Security, §§130.331-130.343; and Subchapter O, Science, Technology, Engineering, and Mathematics, §§130.401-130.435; and proposed new 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter G, Education and Training, §§127.309-127.314; Subchapter I, Health Science, §§127.402-127.415; Subchapter J, Hospitality and Tourism, §§127.468-127.480; Subchapter M, Law and Public Service, §§127.625-127.648 ; and Subchapter O, Science, Technology, Engineering, and Mathematics, §§127.742-127.776. The proposed rule actions would repeal Texas Essential Knowledge and Skills (TEKS) for career and technical education (CTE) in subchapters that are being revised and move the TEKS for existing CTE courses in these subchapters to 19 TAC Chapter 127 in order to keep all the TEKS for revised subchapters together in administrative rule and avoid confusion.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a), (c), (n), and (o); and 28.025(a), (b-2), and (b-17).

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(n), allows the SBOE to by rule develop and implement a plan designed to incorporate foundation curriculum requirements into the CTE curriculum required in TEC, §28.002.

TEC, §28.002(o), requires the SBOE to determine that at least 50% of the approved CTE courses are cost effective for a school district to implement.

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.

TEC, §28.025(b-2), requires the SBOE to by rule allow a student to comply with the curriculum requirements for the third and fourth mathematics credits under TEC, §28.025(b-1)(2), or the third and fourth science credits under TEC, §28.025(b-1)(3), by successfully completing a CTE course designated by the SBOE as containing substantially similar and rigorous content.

TEC, §28.025(b-17), requires the SBOE by rule to ensure that a student may comply with curriculum requirements under TEC, §28.025(b-1)(6), by successfully completing an advanced CTE course, including a course that may lead to an industry-recognized credential or certificate or an associate degree.

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 rule actions 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 2022-2023 school year. The earlier effective date will allow the TEKS in subchapters that were revised in Chapter 130 to move to Chapter 127 to avoid confusion.

PREVIOUS BOARD ACTION: The SBOE adopted the TEKS for CTE, including career development, in 19 TAC Chapters 119-125 and 127 to be effective September 1, 1998. The SBOE approved revisions to the CTE TEKS in Chapter 127 and new Chapter 130, Subchapters A-P, August 23, 2010. In 2015, the CTE TEKS were amended to be effective August 28, 2017. In 2018, the SBOE adopted revisions to 19 TAC Chapter 130, Subchapters B, H, M, and O, to be effective March 27, 2018. The CTE TEKS were last amended in 2020 when the SBOE adopted revisions to 19 TAC Chapter 130, Subchapters A, C, K, O, and Q, to be effective August 1, 2020.

BACKGROUND INFORMATION AND JUSTIFICATION: Currently, CTE TEKS for career development courses for middle and high school are codified in 19 TAC Chapter 127, Subchapters A and B. The TEKS for courses associated with 17 CTE career clusters are codified by subchapter in 19 TAC Chapter 130, Subchapters A-Q. In December 2020, the SBOE began initial steps to prepare for the review and revision of CTE courses in programs of study for the education and training, health science, and science, technology, engineering, and mathematics (STEM) career clusters. Two additional courses eligible to satisfy a graduation requirement in science are also part of the review. At the September SBOE meeting, the board approved for first reading and filing authorization proposed new TEKS for these courses.

Due to the current structure of Chapter 130, there are not enough sections to add the new CTE courses under consideration in their assigned subchapters. To accommodate the addition of new and future courses, it is recommended that the CTE TEKS in Chapter 130 be moved to existing 19 TAC Chapter 127 and that the chapter be renamed "Texas Essential Knowledge and Skills for Career Development and Career and Technical Education." Consequently, the TEKS for existing CTE courses from the subchapters under revision will be repealed from Chapter 130 and moved into their new subchapters in Chapter 127 in order to keep all the TEKS for revised subchapters together in administrative rule and avoid confusion.

The proposed repeal would remove the TEKS in Chapter 130 for Subchapters E, G, H, I, L, and O, and related implementation language that will be superseded by new TEKS. The proposed new courses would move the courses repealed from Chapter 130 to Chapter 127, Subchapters G, I, J, M, and O. No changes are being proposed to the existing CTE courses as part of the move to Chapter 127. However, the related implementation sections will be updated to reflect new course numbers.

The text of 19 TAC §§130.161-130.166, 130.201-130.211, 130.221-130.234, 130.251-130.263, 130.331-130.343, and 130.401-130.435 proposed for repeal is not included as an attachment to this item due to the volume of rules; however, the rules are viewable on the Texas Education Agency (TEA) website at https://tea.texas.gov/about-tea/laws-and-rules/texas-administrative-code/19-tac-chapter-130.  

Second reading and final adoption of proposed new 19 TAC Chapter 127, Subchapters G, I, J, M, and O, is presented as a separate item in this agenda.

The proposed repeals and new courses were 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 consideration for first reading and filing authorization at this meeting. It is recommended the SBOE consider this item for first reading and filing authorization to ensure that existing CTE courses from Chapter 130 are kept together with the new CTE courses being added to Chapter 127.

FISCAL IMPACT: 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. During the first five years the proposed rulemaking would be in effect, it would repeal existing regulations and create new regulations by transferring existing CTE TEKS from Chapter 130 to Chapter 127.

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 proposal would improve access to and organization of the CTE TEKS and avoid confusion regarding the revised TEKS. 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 December 17, 2021, and ends at 5:00 p.m. on January 21, 2022. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in January 2022 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 December 17, 2021.

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 proposed repeal of 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter E, Education and Training, §§130.161-130.166; Subchapter G, Government and Public Administration, §§130.201-130.211; Subchapter H, Health Science, §§130.221-130.234; Subchapter I, Hospitality and Tourism, §§130.251-130.263; Subchapter L, Law, Public Safety, Corrections, and Security, §§130.331-130.343; and Subchapter O, Science, Technology, Engineering, and Mathematics, §§130.401-130.435; and

Approve for first reading and filing authorization proposed new 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter G, Education and Training, §§127.309-127.314; Subchapter I, Health Science, §§127.402-127.415; Subchapter J, Hospitality and Tourism, §§127.468-127.480; Subchapter M, Law and Public Service, §§127.625-127.650; and Subchapter O, Science, Technology, Engineering, and Mathematics, §§127.742-127.776.

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