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April 2017 Committee on Instruction Item 2

Proposed New 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit)
(Second Reading and Final Adoption)

April 21, 2017

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item presents for second reading and final adoption proposed new 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit). The proposed new rule would implement House Bill (HB) 1431, 84th Texas Legislature, 2015, which requires the State Board of Education (SBOE) to develop an advanced languages other than English (LOTE) course that prepares students to communicate in a language other than English in a specific professional, business, or industry environment.

STATUTORY AUTHORITY:
Texas Education Code (TEC), §7.102(c)(4) and §28.002(t).

TEC, §7.102(c)(4), requires the SBOE to establish curriculum and graduation requirements.

TEC, §28.002(t), requires the SBOE, in consultation with the commissioner of higher education and business and industry leaders, to develop an advanced language course that a school district may use to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment.

EFFECTIVE DATE: The proposed effective date of proposed new 19 TAC §114.53, 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 2017-2018 school year. The earlier effective date will enable districts to begin preparing for implementation of the new course.

PREVIOUS BOARD ACTION:
The SBOE adopted the LOTE Texas Essential Knowledge and Skills (TEKS) effective September 1, 1998. In April 2014, the SBOE adopted revisions to the LOTE TEKS effective July 15, 2014. In September 2014, the SBOE adopted new LOTE TEKS for classical languages effective November 3, 2014. The revised LOTE TEKS adopted in 2014 will be implemented beginning with the 2017-2018 school year. A discussion item regarding standards related to a career-oriented languages other than English course was presented to the Committee on Instruction at the November 2016 meeting. The SBOE approved proposed new 19 TAC §114.53 for first reading and filing authorization at the January/February 2017 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: HB 1431, 84th Texas Legislature, 2015, added TEC, §28.002(t), to require that the SBOE, in consultation with the commissioner of higher education and business and industry leaders, develop an advanced language course that a school district may use to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment. In August 2016, a committee of secondary and postsecondary educators and business and industry representatives were selected to develop recommended TEKS for the advanced career-oriented LOTE course.

The course development committee convened for the first face-to-face meeting in Austin in October 2016 to begin working on recommendations for the TEKS. The committee participated in additional virtual meetings to finalize its initial draft recommendations, which were presented to the Committee on Instruction for discussion at the November 2016 meeting. Following the November 2016 SBOE meeting, a draft of the proposed TEKS was shared with the Texas Higher Education Coordinating Board and representatives from the business and industry community for feedback. The course development committee convened again for a virtual meeting in December 2016 to finalize its recommendations. The recommendations of the course development committee were presented to and approved by the SBOE at its January/February 2017 meeting. Feedback regarding the proposal was received from the Texas Higher Education Coordinating Board. Recommended changes reflecting that feedback will be presented to the SBOE for consideration at the April 2017 meeting.

Attachment II reflects the text of proposed new 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications, as approved by the SBOE for first reading and filing authorization.

FISCAL IMPACT:
There are fiscal implications for the TEA in fiscal year 2017 to reimburse committee members for travel to develop TEKS for the new course. There are also implications for the TEA if the state develops professional development to help teachers and administrators understand the new course. For fiscal year 2017, the estimated cost to the TEA for the development of the new career-oriented language course is $2,500. Any professional development that is created would be based on whether the TEA receives an appropriation for professional development in the next biennium. The TEA does not anticipate any implications for the state beyond fiscal year 2017.

There may be fiscal implications for school districts and charter schools that choose to implement the new course. These 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.

The TEA has determined that there is no direct adverse economic impact for small businesses or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy for the first five years that the proposed new rule is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC AND STUDENT BENEFIT: Benefits include a new career-oriented LOTE course option for students.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed new rule would have no new procedural and reporting requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed new rule would have no new locally maintained paperwork requirements.

PUBLIC COMMENTS:
Following the January/February 2017 SBOE meeting, proposed new 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One 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 prior to and during the April 2017 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: Proposed repeal of 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other than English, Subchapter A, Elementary, §114.1 and §114.2, Subchapter B, Middle School, §114.11 and §114.12, and Subchapter C, High School, §§114.21-114.29, is presented for first reading and filing authorization as a separate item in this agenda.

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 new 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One 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 Support Services

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachments:
I. Statutory Citations (PDF, 37KB)
II. Text of Proposed New 19 TAC Chapter 114, Texas Essential Knowledge and Skills for Languages Other Than English, Subchapter C, High School, §114.53, Advanced Language for Career Applications (One Credit) (PDF, 36KB)