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January 2019 Committee of the Full Board Item 2

Consideration of Petition for Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program


February 1, 2019

COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
A petition to amend 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program, has been received from the Texas Speech Communication Association. The petition requests that the rule be changed to allow students to satisfy a fine arts graduation requirement by successfully completing Debate I, II, or III; Oral Interpretation I, II, or III; or Public Speaking I, II, or III and competing in speech or debate competitions. This item provides an opportunity for the State Board of Education (SBOE) to consider the petition.

STATUTORY AUTHORITY:
Texas Government Code (TGC), §2001.021; 19 TAC §30.1; and Texas Education Code (TEC), §28.002 and §28.025.

TGC, §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 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.

TEC, §28.025, requires the SBOE to by rule determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under TEC, §28.002.

The full text of statutory citations can be found in the statutory authority section of this agenda.

BACKGROUND INFORMATION AND JUSTIFICATION: Mr. Colin Malinak, president of the Texas Speech Communication Association, submitted to the SBOE a petition requesting that students who participate in extracurricular speech and debate competitions and are enrolled in Debate I, II, or III; Oral Interpretation I, II, or III; or Public Speaking I, II, or III be able to fulfill the fine arts graduation requirement. Specifically, the petitioner has requested that the SBOE amend 19 TAC §74.12(b)(7) by adding new §74.12(b)(7)(C) to read, "In accordance with local district policy, credit may be earned through participation in speech and debate competition for students enrolled in Debate I, II, or III; Oral Interpretation I, II, or III; or Public Speaking I, II, or III." The petitioner also recommended adding new §74.12(b)(7)(D) to specify that no more than four credits may be earned through a combination of the proposed substitutions in his petition for fine arts credit. The petitioner stated that students who participate in speech and debate competitions gain the critical thinking and communication skills that are outlined in the introductory language of the Texas Essential Knowledge and Skills (TEKS) for fine arts. The petitioner also stated that "Debate and Public Speaking teach critical thinking and communication while encouraging higher cognitive functioning through team work (partnered debates), research skills, persuasion, and refutation." The petition, which provides the petitioner's rationale and justification, is presented in the attachment to this item.

TEC, §28.025, requires the SBOE to by rule determine the curriculum requirements for the Foundation High School Program for graduation. In accordance with TEC, §28.025(b-1)(7), the SBOE must include a requirement that students successfully complete one credit in fine arts. Section 74.12 outlines the requirements for the Foundation High School Program. Proposed amendments to 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements, §74.12, Foundation High School Program, and §74.13, Endorsements, appear as a separate item in this agenda.

Fine arts courses in art, dance, music, music studies, theatre, floral design, digital art and animation, and 3-D modeling and animation that may satisfy the fine arts graduation requirement are specified in §74.12(b)(7). A district may also allow a student to earn credit through participation in a community-based fine arts program not provided by the school district in which the student is enrolled. In order for a participation in a community-based fine arts program to satisfy the state graduation credit in fine arts, instruction in the TEKS identified for a fine arts course as defined by 19 TAC Chapter 117, Texas Essential Knowledge and Skills for Fine Arts, Subchapter C, High School, must be provided through the program. The district must also apply to the commissioner of education for approval of such programs.

Revisions to high school English elective courses in 19 TAC Chapter 110, Texas Essential Knowledge and Skills for English Language Arts and Reading, Subchapter C, High School, including Debate I, II, and III; Oral Interpretation I, II, and III; and Public Speaking I, II, and III, were adopted in 2010. At that time, the TEKS review committees did not recommend that English elective courses satisfy the fine arts requirement.

The TEKS for Debate I, II, and III; Oral Interpretation I, II, and III; and Public Speaking I, II, and III are not aligned with the standards for fine arts nor do they include all of the components included in fine arts and CTE courses that may currently satisfy a fine arts graduation credit. Additionally, participation in an extracurricular activity in addition to successful completion of a TEKS-based course is not required in any other subject area in order to earn credit toward high school graduation. Therefore, TEA staff recommends that the SBOE deny the petition.

MOTION TO BE CONSIDERED: The State Board of Education:

Deny the petition to amend 19 TAC §74.12, Foundation High School Program, concerning fine arts courses eligible for graduation requirements because Debate I, II, and III; Oral Interpretation I, II, and III; and Public Speaking I, II, and III are not aligned with knowledge and skills in fine arts courses.

Staff Members Responsible:

Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support


Attachment: Petition to Amend Rule Concerning Fine Arts Graduation Requirements