Jan-Feb 2017 Committee on Instruction Item 7
Consideration of Petitions for Adoption of Rule Concerning 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015
February 3, 2017
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: Petitions to amend 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015, have been received from Ms. Renda Songer, Ms. Teresa Sayen, Ms. Kristi A. Foret, and Ms. Sharnnetta Goins. The petitions request that the rules be changed to modify the amount of credit awarded for the Cosmetology I and II courses that are scheduled to be implemented in the 2017-2018 school year with the revisions to the career and technical education (CTE) Texas Essential Knowledge and Skills (TEKS). This item provides the opportunity for the State Board of Education (SBOE) to consider the petition.
STATUTORY AUTHORITY: Texas Government Code, §2001.021; 19 TAC §30.1; and Texas Education Code (TEC), §28.002 and §28.025.
Texas Government Code, §2001.021, permits an interested person to request that a state agency adopt a rule change. It also requires a state agency to either deny the petition in writing or initiate rulemaking proceedings.
19 TAC §30.1 allows any interested person to petition the SBOE for the adoption, amendment, or repeal of an SBOE rule and establishes the procedures for the review of a petition for a rule change.
TEC, §28.002, identifies the subjects of the required curriculum and requires the SBOE by rule to identify 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, requires the SBOE by rule to determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under the TEC, §28.002.
EFFECTIVE DATE: None.
PREVIOUS BOARD ACTION: The SBOE initially adopted the TEKS for Cosmetology I and II effective September 1, 1998. The CTE TEKS were revised by the SBOE in July 2009 effective August 23, 2010. The SBOE adopted new 19 TAC §130.283 and §130.284 in April 2015 with a future effective date of August 28, 2017.
A petition to amend 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015, was received from Ms. Renda Songer and was considered by the SBOE at the November 2016 meeting. The SBOE took action to initiate rulemaking to adopt additional one-credit lab-based courses to be taught concurrently with §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015, for implementation in the 2018-2019 school year.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The current TEKS for Cosmetology I and II allow for a range of two to three credits each. With the revision of the CTE TEKS in 2015, the SBOE took steps to eliminate credit ranges and to instead identify a specific amount of credit to be awarded for each course. In their final recommendations, however, the TEKS review committee for cosmetology recommended to the SBOE that Cosmetology I and II be available for two to three credits each. At the April 2015 meeting, the SBOE amended the proposal to award two credits each for the courses.
Ms. Renda Songer submitted to the SBOE a petition requesting a rule change to adjust the amount of credit to be awarded for Cosmetology I and II to three credits each. The Committee on Instruction discussed options for addressing the petitioner's concerns regarding the amount of credit available for Cosmetology I and II. Texas Education Agency (TEA) staff explained that the rules in question cannot be revised until they become effective on August 28, 2017. The committee requested that TEA staff work with appropriate constituents to prepare an innovative course for approval in order to address the need for the additional credit during the 2017-2018 school year. The SBOE took action to initiate rulemaking to adopt additional one-credit lab-based courses to be taught concurrently with §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015, for implementation in the 2018-2019 school year.
The same petition has been resubmitted to the SBOE by Ms. Renda Songer, Ms. Teresa Sayen, Ms. Kristi A. Foret, and Ms. Sharnnetta Goins. The petitions, which provide the petitioners' rationale and justification, are presented in Attachment III of this item.
TEA staff recommends that the SBOE deny the petition based on the fact that the rules in question cannot be revised until they become effective on August 28, 2017, and the fact that the SBOE has already taken action to address the issue presented by the petitioners. In 1 TAC Chapter 91, Texas Register, Subchapter C, Rulemaking, §91.35, How to File Proposed Rules, the Texas Register prohibits the filing of an amendment to a rule until any pending proposed action on that rule has been adopted and taken effect or has been withdrawn.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: None.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Deny the petition for adoption of a rule concerning 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015, because the TEKS for cosmetology cannot be revised until they become effective on August 28, 2017, and the State Board of Education took action to address the issue presented by the petitioners at its November 2016 meeting.
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, 32KB)
II. Text of 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015 (PDF, 39KB)
III. Petitions for Adoption of Rule Concerning 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services, §130.283, Cosmetology I (Two Credits), Adopted 2015, and §130.284, Cosmetology II (Two Credits), Adopted 2015 (PDF, 1,104KB)