June 2018 Committee on Instruction Item 3
Proposed Repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.69, Other Courses for which Students May Receive Social Studies Credit, and §113.70, Concurrent Enrollment in College Courses
(First Reading and Filing Authorization)
June 15, 2018
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization proposed repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.69, Other Courses for which Students May Receive Social Studies Credit, and §113.70, Concurrent Enrollment in College Courses. The proposal would repeal rules that are outdated and no longer necessary.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4); 28.002; and 28.025.
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 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, and to allow a student to comply with the curriculum requirements by successfully completing a dual credit course.
EFFECTIVE DATE: The proposed effective date of the proposed repeal 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 2019-2020 school year. The earlier effective date will expedite the removal of outdated rules to avoid confusion.
PREVIOUS BOARD ACTION: The SBOE originally adopted 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, effective September 1, 1998. The board adopted 19 TAC §113.69, Other Courses for which Students May Receive Social Studies Credit, and §113.70, Concurrent Enrollment in College Courses, effective September 1, 2001.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 113.69 permits a student to receive one-half to one credit for a social studies elective course or for a non-sequential course in languages other than English (LOTE) by successfully completing the LOTE course Cultural and Linguistic Topics. The Cultural and Linguistic Topics course was eliminated from the Texas Essential Knowledge and Skills (TEKS) with the revisions to the LOTE TEKS that were implemented in the 2017-2018 school year. Additionally, it is not necessary to specify that a student may receive a social studies elective credit since electives are not classified by a specific subject area. As a result, the rule is outdated and no longer necessary.
Section 113.70 requires that a student be awarded one-half credit for each semester of successful completion of a college course in which the student is concurrently enrolled while in high school. However, credit is awarded based on demonstrated proficiency of the TEKS for a course. As written, this rule is not accurate and should be repealed.
This item presents the opportunity for the SBOE to approve for first reading and filing authorization the proposed repeal of §113.69 and §113.70 to remove rules that are outdated and no longer necessary.
The proposed repeal was not presented as a discussion item. The SBOE, however, may wish to consider this item for first reading and filing authorization as authorized under its operating procedures in order to repeal the outdated rules as soon as possible and avoid confusion caused by the continued existence of the rules. Therefore, this item is presented for first reading and filing authorization consideration at this meeting.
Attachment II reflects the text of the proposed repeal of §113.69 and §113.70.
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 repeals. 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 repeals are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed repeals do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are 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 repeals would remove outdated and unnecessary rules to prevent confusion for administrators and counselors.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed repeals would have no new procedural and reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed repeals would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: The public comment period will begin when the proposal, approved for first reading and filing authorization, is published in the Texas Register.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.
MOTION TO BE CONSIDERED: The State Board of Education:
Suspend the board operating procedures in accordance with §5.2(a) to allow consideration at first reading and filing authorization; and
Approve for first reading and filing authorization the proposed repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.69, Other Courses for which Students May Receive Social Studies Credit, and §113.70, Concurrent Enrollment in College Courses.
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, 15 KB)
II. Text of Proposed Repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.69, Other Courses for which Students May Receive Social Studies Credit, and §113.70, Concurrent Enrollment in College Courses (PDF, 20 KB)