September 2018 Committee of the Full Board Wednesday Item 2
Proposed New 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit)
(Second Reading and Final Adoption)
September 14, 2018
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed new 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit). The proposal would add Texas Essential Knowledge and Skills (TEKS) for a new high school social studies course for implementation in the 2019-2020 school year. No changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(4) and §28.002.
TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.
TEC, §28.002, identifies the subjects of the required curriculum and requires the SBOE to by rule 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.
EFFECTIVE DATE: The proposed effective date of the proposed new rule is August 26, 2019.
PREVIOUS BOARD ACTION: In January 2014, the SBOE discussed future development of new courses that may satisfy requirements of the Foundation High School Program. At the April 2014 SBOE meeting, the board prioritized the development of a list of new high school courses.
In June 2017, the SBOE conducted a work session on the review and revision of the TEKS and the instructional materials adoption cycle. At that time, the board once again discussed the development of new TEKS-based courses. At the June 2017 SBOE meeting, the board approved an updated list indicating the priority in which new courses were to be developed. The SBOE also requested that the new course development list be revisited again in the coming year. A Mexican American studies course was placed third on the priority list after the development of the required instruction on interaction with peace officers (as required by Senate Bill 30, 85th Texas Legislature, Regular Session, 2017) and the development of new cybersecurity courses (as required by House Bill (HB) 3593, 85th Texas Legislature, Regular Session, 2017). At the January-February 2018 meeting, the SBOE discussed the development of TEKS for a Mexican American studies course. The SBOE again discussed the addition of a Mexican American studies course at its April 2018 meeting. At the June 2018 SBOE meeting, the board approved proposed new 19 TAC §113.50 for first reading and filing authorization.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The 83rd Texas Legislature, 2013, passed HB 5, amending the TEC, §28.025, to change the high school graduation programs from the minimum, recommended, and advanced high school programs to one foundation high school program with endorsements to increase flexibility in graduation requirements for students. In August 2013, the SBOE held a work session to discuss changes to the graduation requirements in order to align with the requirements of HB 5, including discussion of courses required by HB 5. At the January 2014 meeting, the SBOE approved the final adoption of new 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements. At the April 2014 meeting, the SBOE prioritized the development of new courses to align with requirements of HB 5. The list of new courses to be developed included a Mexican American studies course.
In spring 2015, a new Mexican American Studies innovative course was approved by the commissioner of education for use beginning with the 2015-2016 school year. School districts and open-enrollment charter schools may offer any state-approved innovative course for elective credit with the approval of the local board of trustees.
There are currently state-approved TEKS for general social studies elective courses that allow educators to select specific historical, cultural, or research topics in social studies to address in greater depth. In social studies, these courses include Special Topics in Social Studies, Social Studies Research Methods, and Social Studies Advanced Studies. The SBOE called for instructional materials in Special Topics in Social Studies in Proclamation 2017, which was issued in April 2015 and amended in April 2016. The board did not adopt social studies materials submitted in response to that call. In November 2016, the board issued Proclamation 2018 calling for instructional materials covering ethnic studies to be used in the Special Topics in Social Studies course. One product was adopted as a result of that proclamation.
The SBOE held discussions regarding the development of TEKS for a Mexican American studies course at its January-February and April 2018 meetings. At the April 2018 meeting, the SBOE instructed staff to prepare rule text for a new course based on the currently approved Mexican American Studies innovative course submitted by Houston Independent School District and to present the item for first reading and filing authorization at the June 2018 meeting. The board approved proposed new 19 TAC §113.50 for first reading and filing authorization at the June 2018 SBOE meeting.
Attachment II reflects the text of proposed new 19 TAC §113.50 for consideration by the SBOE for second reading and final adoption. The new course would be effective beginning with the 2019-2020 school year. No changes are recommended since approved for first reading.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the proposed new rule. In addition, there is 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. There is no effect on local economy for the first five years that the proposed rule is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed new rule 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.
GOVERNMENT GROWTH IMPACT: 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 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, 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 AND STUDENT BENEFIT: The proposed new rule would add a new TEKS-based course option for students and increase flexibility in meeting graduation requirements.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed new rule would have no procedural and reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed new rule would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the June 2018 SBOE meeting, notice of proposed new 19 TAC §113.50 was filed with the Texas Register, initiating the public comment period. No comments had been received at the time this item was prepared. A summary of public comments received regarding the proposal will be provided to the SBOE prior to and during the September 2018 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: Proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, and proposed repeal of 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, are presented for discussion as a separate item in this agenda.
A public hearing on proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, and proposed repeal of 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, is presented as a separate item in this agenda.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for second reading and final adoption proposed new 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic Studies: Mexican American Studies (One Credit), with an effective date of August 26, 2019.
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services
Shelly Ramos, Senior Director
Curriculum Standards and Student Support
Attachment I: Statutory Citations
Attachment II: Text of Proposed New 19 TAC Chapter 113, Texas Essential Knowledge
and Skills for Social Studies, Subchapter C, High School, §113.50, Ethnic
Studies: Mexican American Studies (One Credit)
Amendments to be considered on Sept. 14, 2018