June 14, 2022 Committee of the Full Board Item 3

Proposed New 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter A, Elementary, §§126.1-126.3 and 126.8-126.10; and Subchapter B, Middle School, §§126.17-126.19
(Second Reading and Final Adoption)

June 17, 2022

COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter A, Elementary, §126.1, Technology Applications, Kindergarten, Adopted 2022; §126.2, Technology Applications, Grade 1, Adopted 2022; §126.3, Technology Applications, Grade 2, Adopted 2022; §126.8, Technology Applications, Grade 3, Adopted 2022; §126.9, Technology Applications, Grade 4, Adopted 2022; and §126.10, Technology Applications, Grade 5, Adopted 2022; and Subchapter B, Middle School, §126.17, Technology Applications, Grade 6, Adopted 2022; §126.18, Technology Applications, Grade 7, Adopted 2022; and §126.19, Technology Applications, Grade 8, Adopted 2022. The proposed new rules would update the technology applications standards to ensure the standards remain current. No changes are recommended since approved for first reading.

STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(4) and §28.002(a), (c), (c-3), and (z).

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, §28.002(c-3), requires the SBOE to include coding, computer programming, computational thinking, and cybersecurity in the Texas Essential Knowledge and Skills (TEKS) for technology applications for Kindergarten-Grade 8. The statute also requires that, as needed, the SBOE review and revise the technology applications TEKS every five years to ensure that the standards are relevant to student education and align current or emerging professions.

TEC, §28.002(z), requires the SBOE to adopt rules to require school districts to incorporate instruction in digital citizenship, including information regarding the potential criminal consequences of cyberbullying, into the district's curriculum.

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 2023-2024 school year. The earlier effective date will enable districts to begin preparing for implementation of the revised elementary and middle school technology applications TEKS.

PREVIOUS BOARD ACTION: The SBOE originally adopted the TEKS for technology applications effective September 1, 1998. The SBOE adopted revisions to the technology applications TEKS effective September 26, 2011. In January 2020, the SBOE adopted revisions to technology applications to consolidate high school technology applications courses into the career and technical education (CTE) TEKS in 19 TAC Chapter 130 effective August 1, 2020.

Proposed new §§126.1-126.3, 126.8-126.10, and 126.17-126.19 were approved for first reading and filing authorization at the April 2022 SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: In accordance with statutory requirements that the SBOE identify by rule 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. Technology applications is part of the required curriculum for Kindergarten-Grade 8 only. In 2020, the SBOE approved the consolidation of the high school technology applications courses into the CTE TEKS.

At the January 2021 meeting, SBOE members were asked to designate content advisors for the review and revision of the technology applications TEKS. Applications to serve on the TEKS review work groups were posted on the Texas Education Agency (TEA) website in March 2021. In April 2021, TEA distributed a survey to collect information from educators regarding the review and revision of the technology applications TEKS. TEA staff provided applications for the technology applications review work groups to SBOE members on a monthly basis from May-September 2021.

Technology applications TEKS review content advisor and work group meetings convened in 2021 were conducted virtually. In July 2021, technology applications TEKS review content advisors met virtually to develop consensus recommendations regarding revisions to the technology applications TEKS and met with representatives from Work Group A to discuss their recommendations. Also in July 2021, Work Group A convened to discuss the consensus recommendations, review survey results, and develop recommendations for how subsequent technology applications TEKS review work groups could address the feedback received. Work Group B was convened in September 2021 and was charged with developing recommendations for a new strand framework. The work group recommended six new strands and reorganized the current technology applications TEKS into the proposed new strands. Work Group C was convened in October 2021 to draft recommendations for student expectations for two of the strands in the proposed new strand framework. Work Group D was convened at the end of October 2021 to draft recommendations for the remaining four proposed new strands. The work group recommended eliminating one of the strands, which would reduce the original proposed strand framework to a total of five strands. Work Group E was convened for a virtual meeting in December 2021 to review the vertical alignment of the strands across all grade levels and to ensure the proposed new standards could be reasonably taught in an academic year. In December 2021, content advisors were sent the draft recommendations for review. A discussion item on the draft recommendations was presented to the board at the January 2022 SBOE meeting. At the April 2022 SBOE, the board approved for first reading and filing authorization proposed new §§126.1-126.3, 126.8-126.10, and 126.17-126.19.

The attachment to this item reflects the text of proposed new Chapter 126, Subchapter A, §§126.1-126.3 and 126.8-126.10, and Subchapter B, §§126.17-126.19, for consideration for second reading and final adoption. The proposed new sections would adopt updated technology applications standards to ensure the standards remain current. No changes are recommended since approved for first reading.

FISCAL IMPACT: No changes have been made to this section since published as proposed.

TEA has determined that for the first five years the proposal is in effect (2022-2026), there are no fiscal implications to the state. There will be implications for 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 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 new 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: 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. During the first five years the proposed rulemaking would be in effect, it would create new regulations by adopting new technology applications 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, 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 proposal 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: 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.

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 April 2022 SBOE meeting, notice of proposed new 19 TAC §§126.1-126.3, 126.8-126.10, and 126.17-126.19 was filed with the Texas Register, initiating the public comment period. The public comment period began May 6, 2022, and ended at 5:00 p.m. on June 10, 2022. No comments had been received at the time this item was prepared. A summary of public comments received will be provided to the SBOE prior to and during the June 2022 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in June 2022 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 new 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter A, Elementary, §126.1, Technology Applications, Kindergarten, Adopted 2022; §126.2, Technology Applications, Grade 1, Adopted 2022; §126.3, Technology Applications, Grade 2, Adopted 2022; §126.8, Technology Applications, Grade 3, Adopted 2022; §126.9, Technology Applications, Grade 4, Adopted 2022; and §126.10, Technology Applications, Grade 5, Adopted 2022; and Subchapter B, Middle School, §126.17, Technology Applications, Grade 6, Adopted 2022; §126.18, Technology Applications, Grade 7, Adopted 2022; and §126.19, Technology Applications, Grade 8, Adopted 2022; and

Make an affirmative finding that immediate adoption of the proposed new 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter A, Elementary, §126.1, Technology Applications, Kindergarten, Adopted 2022; §126.2, Technology Applications, Grade 1, Adopted 2022; §126.3, Technology Applications, Grade 2, Adopted 2022; §126.8, Technology Applications, Grade 3, Adopted 2022; §126.9, Technology Applications, Grade 4, Adopted 2022; and §126.10, Technology Applications, Grade 5, Adopted 2022; and Subchapter B, Middle School, §126.17, Technology Applications, Grade 6, Adopted 2022; §126.18, Technology Applications, Grade 7, Adopted 2022; and §126.19, Technology Applications, Grade 8, Adopted 2022, is necessary and shall have an effective date of 20 days after filing as adopted with the Texas Register. (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 Programs
Shelly Ramos, Senior Director, Curriculum Standards and Student Support

Attachment:
Text of Proposed New 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, Subchapter A, Elementary, §§126.1-126.3 and 126.8-126.10, and Subchapter B, Middle School, §§126.17-126.19