January 26, 2022 Committee of the Full Board Item 2

Proposed Revisions to 19 TAC Chapter 120, Other Texas Essential Knowledge and Skills, Subchapter A, Character Traits
(First Reading and Filing Authorization)

January 28, 2022

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 120, Other Texas Essential Knowledge and Skills, Subchapter A, Character Traits, §120.1, Implementation of Texas Essential Knowledge and Skills for Positive Character Traits; and proposed amendments to §120.3, Texas Essential Knowledge and Skills for Positive Character Traits, Kindergarten-Grade 2, Adopted 2020; §120.5, Texas Essential Knowledge and Skills for Positive Character Traits, Grades 3-5, Adopted 2020; §120.7, Texas Essential Knowledge and Skills for Positive Character Traits, Grades 6-8, Adopted 2020; and §120.9, Texas Essential Knowledge and Skills for Positive Character Traits, Grades 9-12, Adopted 2020. The proposed revisions would update the standards for positive character traits to align with the requirements of Senate Bill (SB) 123, 87th Texas Legislature, Regular Session, 2021.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002(a) and (c); and 29.906, as amended by SB 123, 87th Texas Legislature, Regular Session, 2021.

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 identify by rule 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, §29.906, as amended by SB 123, 87th Texas Legislature, Regular Session, 2021, requires the SBOE to integrate positive character traits and personal skills into the essential knowledge and skills adopted for Kindergarten-Grade 12, as appropriate.

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, 2022. 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 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 positive character traits effective August 1, 2019, for implementation beginning with the 2021-2022 school year. A discussion item on the proposed revisions to Chapter 120, Subchapter A, was presented to the Committee of the Full Board at the November 2021 SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: In 2019, the 86th Texas Legislature passed House Bill 1026, requiring the SBOE to integrate positive character traits into the essential knowledge and skills adopted for Kindergarten-Grade 12, as appropriate. The legislation required the SBOE to include the following positive character education traits in the standards: courage; trustworthiness, including honesty, reliability, punctuality, and loyalty; integrity; respect and courtesy; responsibility, including accountability, diligence, perseverance, and self-control; fairness, including justice and freedom from prejudice; caring, including kindness, empathy, compassion, consideration, patience, generosity, and charity; good citizenship, including patriotism, concern for the common good and the community, and respect for authority and the law; school pride; and gratitude. The legislation also required school districts and open-enrollment charter schools to adopt a character education program that includes the required positive character traits. At the January 2020 SBOE meeting, a discussion item on character traits instruction was presented to the Committee of the Full Board. The committee requested that staff prepare a proposal to add essential knowledge and skills for positive character traits as a new chapter in the TAC. The SBOE adopted the TEKS for positive character traits effective August 1, 2019. The new TEKS were implemented beginning with the 2021-2022 school year.

The 87th Texas Legislature, Regular Session, 2021, passed SB 123, which requires the SBOE to add personal skills to the TEKS for positive character traits. The legislation added responsible decision-making skills, interpersonal skills, and self-management skills to the required topics to be addressed in the standards.

The proposed amendments to §§120.3, 120.5, 120.7, and 120.9 would add the required new topics to the TEKS for positive character traits in Kindergarten-Grade 12.

In addition, §120.1, which contains implementation language for the subchapter, is proposed for repeal. Implementation language would be added as new subsection (a) for each course.

FISCAL IMPACT: 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: 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 expand existing regulations by updating the standards for positive character traits to align with the requirements of SB 123, 87th Texas Legislature, Regular Session, 2021, and adding implementation language to each course. The proposed rulemaking would also repeal an existing regulation by removing separate implementation language in §120.1.

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 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 update the standards for positive character traits to align with statute. 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 new 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 February 25, 2022, and ends at 5:00 p.m. on April 1, 2022. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in April 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 February 25, 2022.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization the proposed repeal of 19 TAC Chapter 120, Other Texas Essential Knowledge and Skills, Subchapter A, Character Traits, §120.1, Implementation of Texas Essential Knowledge and Skills for Positive Character Traits; and proposed amendments to §120.3, Texas Essential Knowledge and Skills for Positive Character Traits, Kindergarten-Grade 2, Adopted 2020; §120.5, Texas Essential Knowledge and Skills for Positive Character Traits, Grades 3-5, Adopted 2020; §120.7, Texas Essential Knowledge and Skills for Positive Character Traits, Grades 6-8, Adopted 2020; and §120.9, Texas Essential Knowledge and Skills for Positive Character Traits, Grades 9-12, Adopted 2020.

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 120, Other Texas Essential Knowledge and Skills, Subchapter A, Character Traits