September 2015 Committee on Instruction Item 1
Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements,
Subchapter C, Other Provisions, §74.24, Credit by Examination, and §74.26, Award of Credit
(Second Reading and Final Adoption)
September 11, 2015
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, and §74.26, Award of Credit. The proposal would amend existing requirements to provide additional support and flexibility for students who are homeless or in substitute care in meeting high school graduation requirements and modify the passing standard for credit by examination. No changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102; §25.007, as amended by Senate Bill (SB) 1494, 84th Texas Legislature, Regular Session, 2015; and §28.023, as amended by SB 453, 84th Texas Legislature, Regular Session, 2015; and 28.025.
TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements and §7.102(c)(12) requires the SBOE to establish guidelines for credit by examination. TEC, §25.007, as amended by Senate Bill (SB) 1494, 84th Texas Legislature, Regular Session, 2015, requires the agency to assist the transition of students who are homeless or in substitute care from one school to another. TEC, §28.023, as amended by SB 453, 84th Texas Legislature, Regular Session, 2015, requires the SBOE to establish guidelines for school districts to follow in developing or selecting examinations for acceleration for elementary grade levels and for credit for secondary level academic subjects, including a requirement that a school district give a student in grade six or above credit for a subject if the student earns a scaled score of 50 or higher on an examination approved by the board of trustees and administered through the College-Level Examination Program.
EFFECTIVE DATE: The proposed effective date of the proposed amendments 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 2016-2017 school year. The earlier effective date will provide students who are homeless or in substitute care the opportunity for additional support and flexibility in meeting graduation requirements in a timely manner.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §74.24 and §74.26 effective September 1, 1996. Section 74.24 was last amended effective May 11, 2014. Section 74.26 was last amended effective September 1, 2001.
A discussion item regarding support for students in foster care was presented to the Committee on Instruction during the February 2015 SBOE meeting. At that time, the committee directed staff to move forward with the development of proposed amendments to 19 TAC Chapter 74, Subchapter C, for the committee to consider at a future meeting. At the April 2015 SBOE meeting, a discussion item was presented to the committee regarding proposed amendments to 19 TAC Chapter 74, Subchapter C. The proposed amendments to 19 TAC Chapter 74, Subchapter C, were approved for first reading and filing authorization at the July 2015 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Students in substitute care, typically known as foster care, who often move from one school to another are faced with special challenges to learning and achievement during their formative years. Education-related issues for students in foster care were first addressed in the federal Fostering Connections Act of 2008, which encourages child welfare and education systems to work together in order to increase educational stability for children and youth in foster care.
The 81st Texas Legislature, Regular Session, 2009, passed SB 2248, adding the TEC, §25.007, in order to address school transition for students in substitute care. The statute charges the agency to assist with transition for students in substitute care from one school to another. The 83rd Texas Legislature, Regular Session, 2013, passed SB 1404 and House Bill (HB) 2619 amending the TEC, §25.007, by adding transition assistance requirements for students in substitute care.
The Supreme Court of Texas, Permanent Judicial Commission for Children, Youth and Families (Children's Commission) published The Texas Blueprint: Transforming Education Outcomes for Children and Youth in Foster Care in 2012. The Texas Education Agency (TEA) released a Foster Care and Student Success Resource Guide, co-authored with the Texas Department of Family and Protective Services and the Children's Commission, with preliminary guidance and information for schools in October 2013.
The 84th Texas Legislature, Regular Session, 2015, passed SB 1494, amending the TEC, §25.007 and §28.025, to include homeless students in the provisions regarding school transition for students in substitute care.
The 84th Texas Legislature, Regular Session, 2015, also passed SB 453, amending the TEC, §28.023(c-1), to reduce the minimum required scaled score on the College-Level Examination Program (CLEP) exams from 60 to 50 in order for a student to earn credit for a course or subject through credit by examination.
In meeting the statutory requirement for providing transition assistance, the agency identified two rules, §74.24, Credit by Examination, and §74.26, Award of Credit, that would require amendments to support transition assistance for students. Since the SBOE, rather than the agency, has statutory authority to adopt rules under this section, the SBOE approved the following proposed amendments, shown in Attachment II, for first reading and filing authorization in July and will consider them for second reading and final adoption at this meeting.
Section 74.24 addresses assessment for acceleration in Kindergarten through Grade 5 and assessment for course credit in Grades 6-12. The rule also outlines general provisions for the administration of credit by examination. The proposed amendment to 19 TAC §74.24 would add language to address the administration of credit by examination for a student who is homeless or in substitute care. No changes are recommended since approved for first reading.
Section 74.26 addresses the award of credit by a school district for high school courses. The rule was adopted in accordance with the statutory requirement that the SBOE adopt rules to establish graduation requirements and outlines the general provisions for the award of credit toward state graduation requirements, including the award of credit for transfer students and students who complete high school courses in earlier grade levels and academic requirements for the award of credit. The rule also permits districts to award credit proportionately to students who are able to successfully complete only one semester of a two-semester course. The proposed amendment to 19 TAC §74.26 would add language to address the award of credit to a student who is homeless or in substitute care. No changes are recommended since approved for first reading.
Additionally, in accordance with statutory requirements resulting from SB 453 the proposed amendment to 19 TAC §74.24 would modify language to reduce the minimum required scaled score on a CLEP examination from 60 to 50.
FISCAL IMPACT: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: Improving school transitions will lead to better education, school experience, and, ultimately, life outcomes for students who are homeless or in substitute care. The proposed amendments will provide districts with specific guidance to assist them in complying with state law regarding these students.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendments would have no new procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the July 2015 SBOE meeting, notice of proposed amendments to 19 TAC §74.24, Credit by Examination, and §74.26, Award of Credit, was filed with the Texas Register, initiating the official public comment period. No comments had been received at the time this item was prepared. A summary of any public comments received regarding the proposal will be provided to the SBOE at the September 2015 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, and §74.26, Award of Credit, with an effective date of 20 days after filing as adopted with the Texas Register.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs
Shelly Ramos, Division Director
Curriculum
Attachments:
I. Statutory Citations (PDF, 39KB)
II. Text of Proposed Amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.24, Credit by Examination, and §74.26, Award of Credit (PDF, 31KB)