November 2022 Committee of the Full Board Item 3
Proposed Amendment to 19 TAC Chapter 112, 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §112.41, Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2020
(Second Reading and Final Adoption)
November 18, 2022
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 112, 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §112.41, Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2020. The proposed amendment would update the rule to move the implementation year for the Texas Essential Knowledge and Skills (TEKS) for Biology, Chemistry, Integrated Physics and Chemistry, and Physics to the beginning of the 2024-2025 school year to align with the instructional materials timeline. The proposed amendment would also align with the implementation timeline for the Kindergarten-Grade 8 science TEKS and the TEKS for all other high school science courses. No changes are recommended since approved for first reading.
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 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, §28.025(a), requires the SBOE to determine by rule 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 amendment 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 clarify that the Kindergarten-Grade 12 science TEKS will be implemented at the same time and prevent confusion.
PREVIOUS BOARD ACTION: The SBOE originally adopted the TEKS for science effective September 1, 1998. The SBOE adopted revisions to the science TEKS for high school effective August 4, 2009; August 27, 2018; and April 28, 2021.
The proposed amendment to §112.41 was approved for first reading and filing authorization at the August-September 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. In late 2019, the SBOE began the process to review and revise the TEKS for Kindergarten-Grade 12 science. At the recommendation of Work Group A, the SBOE directed the work groups to follow a backwards-by-design approach to the revisions to the Kindergarten-Grade 12 science TEKS. Consequently, work groups started first with recommendations for revisions to the high school science TEKS. In June and July 2020, Work Group B was convened virtually to develop recommendations for four high school science courses: Biology, Chemistry, Physics, and Integrated Physics and Chemistry. At the November 2020 SBOE meeting, the SBOE approved for second reading and final adoption proposed new 19 TAC §§112.41-112.45. The proposed new sections revised standards for Biology, Chemistry, Physics, and Integrated Physics and Chemistry as well as related implementation language. The new rules included an implementation date of the 2023-2024 school year.
At the June 2021 SBOE meeting, the board approved for second reading and final adoption new TEKS for Specialized Topics in Science and revised standards for Aquatic Science, Astronomy, Earth Science Systems (formerly titled Earth and Space Science), and Environmental Systems. At that time, the SBOE discussed the timeline for future instructional materials adoptions and made the determination to move the implementation of the new Kindergarten-Grade 12 science TEKS to the 2024-2025 school year. The board indicated that it would change the implementation date for the high school science courses that were adopted in 2020 at a future meeting.
At the November 2021 SBOE meeting, the board approved for second reading and final adoption new science TEKS for Kindergarten-Grade 8 with an implementation date of the 2024-2025 school year.
At the August-September 2022 SBOE meeting, the board approved for first reading and filing authorization the proposed amendment to §112.41 to ensure implementation language for all science courses is consistent.
The attachment to this item reflects the text of the proposed amendment to §112.41 for consideration by the SBOE for second reading and final adoption. The proposed amendment would update §112.41(a), (b), and (c) to reflect the revised implementation date of the 2024-2025 school year for the high school science courses.
No changes are recommended since approved for first reading.
FISCAL IMPACT: No changes have been made to this section since published as proposed.
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: 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 limit an existing regulation by delaying implementation of new TEKS.
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 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 align the implementation of the TEKS for science so that the science TEKS for Kindergarten through high school would be implemented at the same time. 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 August-September 2022 SBOE meeting, notice of proposed amendment to 19 TAC §112.41 was filed with the Texas Register, initiating the public comment period. The public comment period on the proposal began October 7, 2022, and ended at 5:00 p.m. on November 14, 2022. A summary of public comments received will be provided to the SBOE prior to and during the November 2022 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in November 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 the proposed amendment to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §112.41, Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2020; and
Make an affirmative finding that immediate adoption of the proposed amendment to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §112.41, Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2020, is necessary and shall have an effective date of 20 days after filing 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 Amendment to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §112.41, Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2020