Proposed Rules Title 19

TITLE 19. EDUCATION

SUBCHAPTER B. SPECIAL PURPOSE SCHOOL DISTRICTS

The State Board of Education (SBOE) proposes new §61.101, concerning special purpose school districts. The proposed new section would identify provisions of the Texas Education Code (TEC) that are not applicable to the special-purpose school districts operated by Texas Tech University (TTU) and The University of Texas at Austin (UT Austin).

BACKGROUND INFORMATION AND JUSTIFICATION: The SBOE approved the TTU Independent Study by Correspondence High School Program in September 1993. The SBOE approved the UT High School program in November 1998. For both special purpose districts, the SBOE established the following conditions: no state funds shall be used to support the program; transcripts awarded to students enrolled in the program shall be consistent with the academic achievement record required by the Texas Administrative Code (TAC); courses offered shall be consistent with courses required by the TAC; requirements for a high school diploma shall be consistent with the state graduation requirements and with exit-level assessment requirements in the TAC; state required testing will be implemented in accordance with existing rules and schedules; and other SBOE rules for curriculum shall be applicable as appropriate.

The 86th Texas Legislature, 2019, passed House Bill 3, which entitled a special-purpose school district operated by TTU or UT Austin to funding under TEC, Chapter 48. If TTU or UT Austin receives state funding for a school year, the special-purpose district may not charge tuition or fees to students enrolled in the district who are residents of Texas for that school year, other than fees authorized under the TEC.

The proposed new section would specify duties or limitations to be imposed on the special-purpose school districts if they opt to receive state funding.

The SBOE approved the proposed new section for first reading and filing authorization at its July 2, 2020 meeting.

FISCAL IMPACT: Monica Martinez, associate commissioner for standards and support services, has determined that for the first five-year period the proposal is in effect there are no additional costs to state or local government required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has 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.

COST INCREASE TO REGULATED PERSONS: The proposal 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.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: Texas Education Agency (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 create a new regulation. The new rule would identify provisions of the TEC that are not applicable to the special-purpose school districts operated by TTU and UT Austin.

The proposed rulemaking 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 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 BENEFIT AND COST TO PERSONS: Ms. Martinez has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be clarifying which provisions of the TEC are not applicable to the special-purpose school districts operated by TTU and UT Austin. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have a data and reporting impact. The two special purpose school districts would be required to report student attendance, provide information on school board training, and provide recommendations regarding applicability of the TEC to the SBOE each odd-numbered year. The special purpose districts would also be required to report student-level information through the Public Education Information Management System for purposes of funding.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins July 31, 2020, and ends September 4, 2020. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBOE_Rules_(TAC)/Proposed_State_Board_of_Education_Rules/. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in September 2020 in accordance with the SBOE board operating policies and procedures. 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 on July 31, 2020.

STATUTORY AUTHORITY. The new section is proposed under Texas Education Code, §11.351, which permits the State Board of Education to establish a special-purpose school district for the education of students in special situations whose educational needs are not adequately met by regular school districts. The board is also permitted to impose duties or limitations on the school district as necessary for the special purpose of the district.

CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, §11.351.

§61.101.Applicability of State Law for Special Purpose School Districts.

(a) This section applies only to the special purpose school districts operated by the University of Texas at Austin and Texas Tech University.

(b) The special purpose school districts operated by the University of Texas at Austin and Texas Tech University are public schools of this state fulfilling the mission of the Texas public education system to ensure that Texas students receive a quality education that enables them to achieve their potential and fully participate now and in the future in the social, economic, and educational opportunities of our state and nation.

(c) Each special purpose school district shall be governed by the board of regents of the parent university, which has the authority and responsibilities of a school district board of trustees with respect to the operation of the special purpose school district but has no authority to levy a tax. The board of regents may delegate authority and responsibilities.

(d) Each special purpose school district shall have an advisory board consisting of at least five members that, along with the superintendent, reports to the board of regents regarding the operation of the district. The president of the university may designate a person to report on the management, operations, and accountability of the special purpose school district to the board of regents. The following requirements apply to each special purpose school district.

(1) The advisory board shall hold public meetings that comply with appropriate notice requirements for governmental bodies.

(2) The president of the university shall appoint the superintendent of the special purpose school district.

(3) The university shall submit nominees for approval by the State Board of Education (SBOE) to serve as special purpose school district advisory board members. The superintendent may not participate in the nomination process for the advisory board.

(4) The superintendent and advisory board shall ensure information required to be made available to the public is made available on the special purpose school district's website.

(5) The university shall develop an advisory board training program that provides the relevant board training required under Texas Education Code (TEC), §11.159, and shall submit to the SBOE the training requirements by September 1 of each odd-numbered year.

(e) Students who are eligible to enroll in a Texas independent or common school district are eligible to enroll in a special purpose school district, and each special purpose school district:

(1) shall establish an initial enrollment window for each academic semester that uses a lottery to fill open spots not filled by previously enrolled students. After the initial enrollment window closes, enrollment may be based on a first come first served basis;

(2) shall develop an outreach program targeted at underserved student populations;

(3) may admit students at least 21 years of age and under 26 years of age for the purpose of completing the requirements for a high school diploma in accordance with TEC, §25.001. For purposes of TEC, §25.001(b-2), the term "classroom setting" does not include a virtual classroom that has no physical proximity; and

(4) is neither required nor prohibited from providing a student with home computer equipment or internet access.

(f) Except as provided elsewhere in this section, each special purpose school district operates as a public school of Texas, and the laws applicable to Texas public schools, per TEC, §11.352(c), apply, including:

(1) providing for equal education opportunity, in accordance with the TEC and constitutions of Texas and the United States;

(2) charging fees, holding funding in trust for the education of students, and spending funding to achieve the educational purposes listed in this section;

(3) complying with student records retention, transmission, and other related requirements;

(4) having access to other school resources such as regional education service centers under TEC, Chapter 8 and §11.003; commissioner of education waiver authority under TEC, §7.056; school immunity under TEC, Chapter 22, Subchapter B; and relevant grant programs;

(5) certification requirements under TEC, §§21.003, 21.055, and 21.057, and continuing education requirements under TEC, §21.054, with employment practices to include provisions substantially similar to TEC, §21.0031 and §21.058;

(6) complying with the health, safety, and welfare provisions such as reporting of misconduct under TEC, §§21.006, 21.0061, 21.009, 21.057, 21.058, 21.0581, and 21.062, and background checks under TEC, Chapter 22, Subchapters C and C-1;

(7) parental and student rights such as those provided for in TEC, Chapter 26.

(A) The special purpose school district shall establish a grievance process for complaints.

(B) If the special purpose school district determines that releasing a copy of an assessment would jeopardize the security of the assessment because it has not been published and is not publicly available, in place of releasing a copy of the assessment, the special purpose school district shall provide information regarding the standards and concepts for which the student failed to demonstrate proficiency or, using appropriate security protocols, make the assessment available for personal review by the student and parent without releasing a copy;

(8) creditable years of service;

(9) curriculum and graduation requirements under TEC, Chapter 28;

(10) the instructional materials allotment and the provisions of TEC, Chapter 31; and

(11) accreditation, assessment of academic skills, academic accountability, and interventions and sanctions under TEC, §11.001 and Chapters 39 and 39A.

(g) Each special purpose school district shall develop a policy regarding when a student is deemed absent and has excessive absences under its program.

(1) If the student has excessive absences under the policy, the special purpose school district shall notify both the student and the school district the student would otherwise be entitled to attend that the student has been disenrolled from the special purpose school district.

(2) By September 1 of each odd-numbered school year, the special purpose school district shall submit its absence policy to the SBOE, including any modifications made since the previous submission.

(h) If a special purpose school district seeks a waiver under commissioner authority for more than three consecutive years, the special purpose school district shall submit the issue to the SBOE for consideration as a possible permanent exemption.

(i) As a special purpose school district is designed to provide education statewide through digital learning methodologies, the following special requirements and modifications are in effect.

(1) TEC, Chapter 12A, does not apply.

(2) TEC, Chapter 22, Subchapter A, does not apply.

(3) The superintendent shall make personnel decisions for the special purpose school district.

(A) Employee grievances shall be covered by the parent university's human resources practices.

(B) The parent university's human resources requirements and practices shall apply to employees, unless otherwise indicated by law or rule.

(4) The special purpose school district shall operate in the time and accounting manner necessary to comply with the funding model established by the commissioner for access to Foundation School Program (FSP) funds.

(5) The special purpose school district shall adopt a student code of conduct that aligns with the provisions of TEC, Chapter 37, but is not required to include the use of disciplinary alternative education programs or juvenile justice alternative education programs.

(6) The special purpose school district shall annually submit to the SBOE a report on disciplinary actions made to the district and a report on complaints made to the special purpose school district.

(7) TEC, §§11.1542, 11.1543, and 11.155, do not apply.

(8) The special purpose school district is not required to have the membership compositions for committees under TEC, §§11.251, 11.252, 11.253, or 11.255, but must develop plans and policies that comply with those provisions.

(9) Educator contract requirements under TEC, Chapter 21, Subchapters C, D, E, F, and G; appraisal system requirements under TEC, Chapter 21, Subchapter H; duties and benefits requirements under TEC, Chapter 21, Subchapter I; and staff development requirements under TEC, Chapter 21, Subchapter J, do not apply, and the special purpose school district shall develop an appraisal system that contains the items in TEC, §21.351(a).

(10) TEC, §§25.08111 and 25.111-25.114, do not apply.

(11) The requirements of TEC, §28.004, to have a school health advisory council do not apply, but the special purpose school district shall:

(A) comply with the provisions of TEC, §28.004, with regard to the parameters of health education and curriculum materials; posting, notice, and grievance provisions; and consideration of related issues; and

(B) require that the advisory board solicit community and parental input and develop recommendations regarding the subject matter of TEC, §28.004(c)(1), (2)(A) and (D)-(H), and (3)-(6).

(12) Financial accountability and fiscal management under TEC, Chapters 39 and 44, shall apply as if the special purpose school district were a university charter school, and the special purpose school district's public funds must be maintained in a manner that allows auditing of the public funds separate from other funds.

(j) The provisions of this section apply to each special purpose school district's operation for educating students eligible for enrollment in Texas public schools who enroll in the state-funded special purpose school district. This section does not apply to a tuition-based program operated in tandem with the state-funded program. However, the school operations that include Texas students are subject to subsection (l) of this section.

(1) A parent of a Texas student may voluntarily decide to enroll a student in the tuition-based program.

(2) The special purpose school district shall biannually report student attendance in its state-funded school and Texas student attendance in its tuition-supported school. Information shall be provided to ensure that student participation does not disadvantage any student group from access to the state-funded school.

(k) Each special purpose school district shall submit to the SBOE by September 1 of each odd-numbered year an updated list by section of the TEC, Title I and Title II, with recommendations regarding which sections of the code should apply or not apply to the operations of its schools. The submission must compare the recommendations to the list last provided to the SBOE.

(l) If the special purpose school district declines FSP payment, the special purpose school district is authorized to charge tuition and is subject to:

(1) accreditation, academic assessment, academic and financial accountability, and interventions under TEC, Chapters 39 and 39A; and

(2) reporting requirements imposed by the Texas Education Agency.

(m) The parent university of each special purpose school district shall submit nominations for and establish an advisory board as soon as practicable, and the provisions of this section that require the special purpose school district to develop a policy apply beginning with the 2021-2022 school year.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 20, 2020.

TRD-202002958

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: August 30, 2020

For further information, please call: (512) 475-1497

CHAPTER 74. CURRICULUM REQUIREMENTS

SUBCHAPTER A. REQUIRED CURRICULUM

19 TAC §74.1, §74.3

The State Board of Education (SBOE) proposes amendments to §74.1 and §74.3, concerning curriculum requirements. The proposed amendments would update the sections to align with recent legislation and with changes to the technology applications and career and technical education (CTE) Texas Essential Knowledge and Skills (TEKS).

BACKGROUND INFORMATION AND JUSTIFICATION: The 86th Texas Legislature, 2019, passed House Bill (HB) 963, which required the SBOE no later than March 1, 2020, to amend its rules in order to consolidate the TEKS for high school for technology application courses with the TEKS for CTE courses and to eliminate duplicative courses. A discussion item regarding proposed revisions to 19 TAC Chapter 126, Texas Essential Knowledge and Skills for Technology Applications, and Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, was presented to the Committee of the Full Board at the November 2019 SBOE meeting, and at the January 2020 meeting the board approved the proposed revisions for first reading and filing authorization. At the April 2020 SBOE meeting, the board approved the proposed revisions for second reading and final adoption with an effective date of August 1, 2020. With the update to the courses for technology applications and the addition of a new CTE career cluster in energy, the SBOE will need to align the courses that districts and charter schools are required to make available to students.

Additionally, Senate Bill 11 and HB 18, 86th Texas Legislature, 2019, amended the required curriculum in Texas Education Code, §28.002, to add suicide prevention to the topics included in health education. The statutory changes also clarify that health education must include physical health, including the importance of proper nutrition and exercise, and mental health, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making.

At the January 2020 meeting, a discussion item on proposed amendments to 19 TAC §74.1 and §74.3 was presented to the Committee on Instruction. The committee requested that Texas Education Agency (TEA) staff prepare proposed amendments for consideration by the SBOE and indicated that districts should no longer be required to offer specific technology applications courses since they will be included in CTE.

The proposed amendments would align the required secondary curriculum with the changes to the technology applications and CTE TEKS and reflect recent legislation.

The SBOE approved the proposed amendments for first reading and filing authorization at its July 2, 2020 meeting.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

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 expand and limit existing regulations by revising the high school courses required to be offered by school districts and charter schools and eliminating certain technology applications courses from the list of high school courses required to be offered.

The proposed rulemaking 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 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 BENEFIT AND COST TO PERSONS: Ms. Martinez has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be updating and clarifying the rules regarding secondary courses required to be offered in order to avoid confusion for districts and schools. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education to establish curriculum and graduation requirements; and TEC, §28.002(a), as amended by Senate Bill 11 and House Bill 18, 86th Texas Legislature, 2019, which identifies the subjects of the required curriculum.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §7.102(c)(4) and §28.002(a).

§74.1.Essential Knowledge and Skills.

(a) A school district that offers kindergarten through Grade 12 must offer the following as a required curriculum:

(1) a foundation curriculum that includes:

(A) English language arts;

(B) mathematics;

(D) social studies, consisting of Texas, United States and world history, government, geography, and economics, with emphasis on the free enterprise system and its benefits; and

(2) an enrichment curriculum that includes:

(A) to the extent possible, languages other than English;

(B) health, with emphasis on: [~~the importance of proper nutrition and exercise;~~]

(i) physical health, including the importance of proper nutrition and exercise;

(ii) mental health, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making; and

(iii) suicide prevention, including recognizing suicide-related risk factors and warning signs;

(D) fine arts;

(E) career and technical education;

(F) technology applications;

(G) religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature; and

(H) personal financial literacy.

(b) A school district must provide instruction in the essential knowledge and skills of the appropriate grade levels in the foundation and enrichment curriculum as specified in paragraphs(1)-(12) [~~(1)-(13)~~] of this subsection. A school district may add elements at its discretion but must not delete or omit instruction in the foundation and enrichment curriculum specified in subsection (a) of this section.

(1) Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading).[;]

(2) Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics).[;]

(3) Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science).[;]

(4) Chapter 113 of this title (relating to Texas Essential Knowledge and Skills for Social Studies).[;]

(5) Chapter 114 of this title (relating to Texas Essential Knowledge and Skills for Languages Other Than English).[;]

(6) Chapter 115 of this title (relating to Texas Essential Knowledge and Skills for Health Education).[;]

(7) Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education).[;]

(8) Chapter 117 of this title (relating to Texas Essential Knowledge and Skills for Fine Arts).[;]

~~[(9) Chapter 118 of this title (relating to Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits);]~~

(9) [~~(10)~~] Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications).[;]

(10) [~~(11)~~] Chapter 127 of this title (relating to Texas Essential Knowledge and Skills for Career Development).[;]

(11) [~~(12)~~] Chapter 128 of this title (relating to Texas Essential Knowledge and Skills for Spanish Language Arts and English as a Second Language).[~~; and~~]

(12) [~~(13)~~] Chapter 130 of this title (relating to Texas Essential Knowledge and Skills for Career and Technical Education).

§74.3.Description of a Required Secondary Curriculum.

(a) (No change.)

(b) Secondary Grades 9-12.

(1) A school district that offers Grades 9-12 must provide instruction in the required curriculum as specified in §74.1 of this title. The district must ensure that sufficient time is provided for teachers to teach and for students to learn the subjects in the required curriculum. The school district may provide instruction in a variety of arrangements and settings, including mixed-age programs designed to permit flexible learning arrangements for developmentally appropriate instruction for all student populations to support student attainment of course and grade level standards.

(2) The school district must offer the courses listed in this paragraph and maintain evidence that students have the opportunity to take these courses:

(A) English language arts--English I, II, III, and IV and at least one additional advanced English course;

(B) mathematics--Algebra I, Algebra II, Geometry, Precalculus, and Mathematical Models with Applications;

(C) science--Integrated Physics and Chemistry, Biology, Chemistry, Physics, and at least two additional science courses selected from Aquatic Science, Astronomy, Earth and Space Science, Environmental Systems, Advanced Animal Science, Advanced Biotechnology, Advanced Plant and Soil Science, Anatomy and Physiology, Engineering Design and Problem Solving, Food Science, Forensic Science, Medical Microbiology, Pathophysiology, Scientific Research and Design, and Principles of Engineering. The requirement to offer two additional courses may be reduced to one by the commissioner of education upon application of a school district with a total high school enrollment of less than 500 students. Science courses shall include at least 40% hands-on laboratory investigations and field work using appropriate scientific inquiry;

(D) social studies--United States History Studies Since 1877, World History Studies, United States Government, World Geography Studies, Personal Financial Literacy, and Economics with Emphasis on the Free Enterprise System and Its Benefits;

(E) physical education--at least two courses selected from Foundations of Personal Fitness, Adventure/Outdoor Education, Aerobic Activities, or Team or Individual Sports;

(F) fine arts--courses selected from at least two of the four fine arts areas (art, music, theatre, and dance)--Art I, II, III, IV; Music I, II, III, IV; Theatre I, II, III, IV; or Dance I, II, III, IV;

(G) career and technical education--three or more career and technical education courses for four or more credits with at least one advanced course aligned with a specified number of Texas Education Agency-designated programs of study determined by enrollment as follows [~~coherent sequences of courses selected from at least three of the following sixteen career clusters~~]:

(i) one program of study for a district with fewer than 500 students enrolled;

(ii) two programs of study for a district with 501-1,000 students enrolled;

(iii) three programs of study for a district with 1,001-2,000 students enrolled;

(iv) four programs of study for a district with 1,001-5,000 students enrolled;

(v) five programs of study for a district with 5,001-10,000 students enrolled; and

(vi) six programs of study for a district with more than 10,000 students enrolled.

~~[(i) Agriculture, Food, and Natural Resources;]~~

~~[(ii) Architecture and Construction;]~~

~~[(iii) Arts, Audio/Video Technology, and Communications;]~~

~~[(iv) Business Management and Administration;]~~

~~[(v) Education and Training;]~~

~~[(vi) Finance;]~~

~~[(vii) Government and Public Administration;]~~

~~[(viii) Health Science;]~~

~~[(ix) Hospitality and Tourism;]~~

~~[(x) Human Services;]~~

~~[(xi) Information Technology;]~~

~~[(xii) Law, Public Safety, Corrections, and Security;]~~

~~[(xiii) Manufacturing;]~~

~~[(xiv) Marketing;]~~

~~[(xv) Science, Technology, Engineering, and Mathematics; and]~~

~~[(xvi) Transportation, Distribution, and Logistics;]~~

(H) languages other than English--Levels I, II, and III or higher of the same language;

(I) computer science--one course selected from Fundamentals of Computer Science, Computer Science I, or Advanced Placement (AP) Computer Science Principles; and

[(I) technology applications-- Computer Science I and Computer Science II or Advanced Placement (AP) Computer Science and at least two courses selected from Computer Science III, Digital Art and Animation, Digital Communications in the 21st Century, Digital Design and Media Production, Digital Forensics, Digital Video and Audio Design, Discrete Mathematics for Computer Science, Fundamentals of Computer Science, Game Programming and Design, Independent Study in Evolving/Emerging Technologies, Independent Study in Technology Applications, Mobile Application Development, Robotics Programming and Design, 3-D Modeling and Animation, Web Communications, Web Design, and Web Game Development; and]

(J) speech--Communication Applications.

(3) Districts may offer additional courses from the complete list of courses approved by the State Board of Education to satisfy graduation requirements as referenced in this chapter.

(4) The school district must provide each student the opportunity to participate in all courses listed in subsection (b)(2) of this section. The district must provide students the opportunity each year to select courses in which they intend to participate from a list that includes all courses required to be offered in subsection (b)(2) of this section. If the school district will not offer the required courses every year, but intends to offer particular courses only every other year, it must notify all enrolled students of that fact. A school district must teach a course that is specifically required for high school graduation at least once in any two consecutive school years. For a subject that has an end-of-course assessment, the district must either teach the course every year or employ options described in Subchapter C of this chapter (relating to Other Provisions) to enable students to earn credit for the course and must maintain evidence that it is employing those options.

(5) For students entering Grade 9 beginning with the 2007-2008 school year, districts must ensure that one or more courses offered in the required curriculum for the recommended and advanced high school programs include a research writing component.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 20, 2020.

TRD-202002959

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: August 30, 2020

For further information, please call: (512) 475-1497

CHAPTER 120. OTHER TEXAS ESSENTIAL KNOWLEDGE AND SKILLS

SUBCHAPTER A. CHARACTER TRAITS

19 TAC §§120.1, 120.3, 120.5, 120.7, 120.9

The State Board of Education (SBOE) proposes new §§120.1, 120.3, 120.5, 120.7, and 120.9, concerning other Texas Essential Knowledge and Skills (TEKS). The proposed new sections would add new TEKS for positive character traits for Kindergarten-Grade 12 in accordance with House Bill (HB) 1026, 86th Texas Legislature, 2019.

BACKGROUND INFORMATION AND JUSTIFICATION: In 2019, the 86th Texas Legislature passed HB 1026, requiring the SBOE to integrate positive character traits into the essential knowledge and skills adopted for Kindergarten-Grade 12, as appropriate. The legislation requires the SBOE to include the following positive character education traits in the standards: courage; trustworthiness, including honesty, reliability, punctuality, and loyalty; integrity; respect and courtesy; responsibility, including accountability, diligence, perseverance, and self-control; fairness, including justice and freedom from prejudice; caring, including kindness, empathy, compassion, consideration, patience, generosity, and charity; good citizenship, including patriotism, concern for the common good and the community, and respect for authority and the law; school pride; and gratitude. The legislation also requires school districts and open-enrollment charter schools to adopt a character education program that includes the required positive character traits.

At the January 2020 SBOE meeting, a discussion item on character traits instruction was presented to the Committee of the Full Board. The committee requested that staff prepare a proposal to add essential knowledge and skills for positive character traits as a new chapter in the Texas Administrative Code.

Proposed new 19 TAC Chapter 120, Subchapter A, would implement HB 1026, 86th Texas Legislature, 2019, by establishing TEKS for positive character traits for Kindergarten-Grade 12. The standards would address requirements by grade bands, including Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12. A proposed new section on implementation would also be added to specify the required frequency of the instruction and how the instruction may be provided. The proposed new sections would be implemented beginning with the 2021-2022 school year.

The SBOE approved the proposed new sections for first reading and filing authorization at its July 2, 2020 meeting.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: Texas Education Agency (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 create a new regulation by adding essential knowledge and skills for positive character traits as a new chapter in the Texas Administrative Code.

PUBLIC BENEFIT AND COST TO PERSONS: Ms. Martinez has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be identifying essential knowledge and skills in positive character traits for Kindergarten-Grade 12 in accordance with HB 1026, 86th Texas Legislature, 2019. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

STATUTORY AUTHORITY. The new sections are proposed under Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; TEC, §28.002(a), which identifies the subjects of the required curriculum; TEC, §28.002(c), which 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; and TEC, §29.906, as amended by House Bill 1026, 86th Texas Legislature, 2019, which requires the SBOE to integrate positive character traits into the essential knowledge and skills adopted for Kindergarten-Grade 12, as appropriate.

CROSS REFERENCE TO STATUTE. The new sections implement Texas Education Code, §§7.102(c)(4), 28.002(a) and (c), and 29.906.

§120.1.Implementation of Texas Essential Knowledge and Skills for Positive Character Traits.

(a) The provisions of this subchapter shall be implemented by school districts beginning with the 2021-2022 school year.

(b) School districts and open-enrollment charter schools are required to provide instruction in the essential knowledge and skills for positive character traits outlined in this subchapter at least once in the following grade bands: Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12.

(c) School districts may provide the required instruction in a variety of arrangements, including through a stand-alone course or by integrating the positive character traits standards in the essential knowledge and skills for one or more courses or subject areas at the appropriate grade levels.

§120.3.Texas Essential Knowledge and Skills for Positive Character Traits, Kindergarten-Grade 2, Adopted 2020.

(a) Introduction.

(1) Character education introduces students to character traits that empower them to be good citizens who are trustworthy, responsible, and caring. The character traits reflect positive beliefs, attitudes, and mindsets; provide opportunities for self-reflection; and permit students to apply effective strategies to make decisions, solve problems, and behave responsibly.

(2) The standards for positive character traits are comprised of four strands: trustworthiness, responsibility, caring, and citizenship. Each strand consists of the following character traits.

(A) Trustworthiness: loyalty, integrity, reliability, and punctuality.

(B) Responsibility: accountability, perseverance, diligence, and self-control.

(D) Citizenship: respect, courtesy, concern for the common good and the community, fairness, freedom from prejudice, justice, patriotism, school pride, respect for authority and law, and gratitude.

(3) Students are expected to develop an awareness of self-identity as well as recognize multiple perspectives, difference and diversity, biases, and the social and cultural context in which they live.

(4) The knowledge and skills for positive character traits are organized in the following grade bands: Kindergarten-Grade 2, Grades 3-5, Grades 6-8, and Grades 9-12. However, due to the complexity of the concepts, student expectations and knowledge and skills statements cannot be taught, discussed, or viewed in isolation.

(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.

(b) Knowledge and skills.

(1) Trustworthiness. The student understands how personal choices and actions relate to character building. The student is expected to:

(A) describe how personal choices lead to personal actions;

(B) explain what it means to be trustworthy; and

(2) Responsibility. The student understands the concept of responsibility and how personal actions demonstrate responsibility. The student is expected to:

(A) describe and give examples of how feelings and beliefs influence personal actions;

(B) describe how to make personal choices before speaking and acting; and

(3) Caring. The student understands how personal actions demonstrate characteristics of caring. The student is expected to:

(A) define patience and identify actions that demonstrate patience; and

(B) explain and identify examples of how actions can demonstrate kindness to others.

(4) Citizenship. The student understands how personal actions can demonstrate good citizenship. The student is expected to:

(A) define fairness and identify examples of fairness in a variety of situations;

(B) define and identify examples of patriotism;

(C) explain what it means to demonstrate respect and courtesy and why it is important to demonstrate respect and courtesy to others; and

(D) define good citizenship.

§120.5.Texas Essential Knowledge and Skills for Positive Character Traits, Grades 3-5, Adopted 2020.

(a) Introduction.

(2) The standards for positive character traits are comprised of four strands: trustworthiness, responsibility, caring, and citizenship. Each strand consists of the following character traits.

(A) Trustworthiness: loyalty, integrity, reliability, and punctuality.

(B) Responsibility: accountability, perseverance, diligence, and self-control.

(D) Citizenship: respect, courtesy, concern for the common good and the community, fairness, freedom from prejudice, justice, patriotism, school pride, respect for authority and law, and gratitude.

(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.

(b) Knowledge and skills.

(1) Trustworthiness. The student understands how personal responsibility relates to being trustworthy. The student is expected to:

(A) identify and define traits of trustworthiness, including reliability and loyalty;

(B) identify and practice strategies for being honest and punctual; and

(2) Responsibility. The student understands how personal choices are associated with responsibility. The student is expected to:

(A) explain what it means to be responsible for personal decisions and actions;

(B) describe positive and negative consequences of personal decisions and actions;

(D) describe the relationship between being responsible and being accountable.

(3) Caring. The student understands how personal actions demonstrate characteristics of caring. The student is expected to:

(A) describe how feelings impact decision making and behaviors;

(B) explain how one can show patience, consideration, and compassion; and

(4) Citizenship. The student understands that personal responsibility is associated with citizenship. The student is expected to:

(A) describe the differences and similarities among gratitude, respect, and courtesy;

(B) compare fairness and justice; and

§120.7.Texas Essential Knowledge and Skills for Positive Character Traits, Grades 6-8, Adopted 2020.

(a) Introduction.

(2) The standards for positive character traits are comprised of four strands: trustworthiness, responsibility, caring, and citizenship. Each strand consists of the following character traits.

(A) Trustworthiness: loyalty, integrity, reliability, and punctuality.

(B) Responsibility: accountability, perseverance, diligence, and self-control.

(D) Citizenship: respect, courtesy, concern for the common good and the community, fairness, freedom from prejudice, justice, patriotism, school pride, respect for authority and law, and gratitude.

(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.

(b) Knowledge and skills.

(1) Trustworthiness. The student understands how personal choices and actions build trustworthiness. The student is expected to:

(A) describe what it means to be reliable and loyal;

(B) define and give examples of integrity;

(D) describe personal actions that demonstrate trustworthiness at school, home, with peers, and within the community.

(2) Responsibility. The student understands how personal beliefs and feelings influence our sense of responsibility. The student is expected to:

(A) examine how personal beliefs, thoughts, and feelings about self can build responsibility;

(B) identify and describe personal role models who demonstrate what it means to be accountable for words and actions;

(D) compare the benefits of responsible behavior with the consequences of irresponsible behavior.

(3) Caring. The student understands how characteristics of caring impact personal relationships. The student is expected to:

(A) evaluate one's personal attitudes and mindsets about self and others;

(B) discuss how feelings, decision making, and personal behaviors can influence relationships with others; and

(C) explain and identify examples of how a person can demonstrate empathy through kindness, charity, generosity, and courtesy.

(4) Citizenship. The student understands how the character trait of citizenship impacts personal relationships. The student is expected to:

(A) discuss the roles and responsibilities of citizens;

(B) explain how one's personal actions can impact the perception of others;

(D) identify and practice a variety of conflict-resolution skills and strategies.

§120.9.Texas Essential Knowledge and Skills for Positive Character Traits, Grades 9-12, Adopted 2020.

(a) Introduction.

(2) The standards for positive character traits are comprised of four strands: trustworthiness, responsibility, caring, and citizenship. Each strand consists of the following character traits.

(A) Trustworthiness: loyalty, integrity, reliability, and punctuality.

(B) Responsibility: accountability, perseverance, diligence, and self-control.

(D) Citizenship: respect, courtesy, concern for the common good and the community, fairness, freedom from prejudice, justice, patriotism, school pride, respect for authority and law, and gratitude.

(5) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.

(b) Knowledge and skills.

(1) Trustworthiness. The student understands how trustworthiness is viewed in society, politics, and the local and global community. The student is expected to:

(A) examine how the power to make decisions relates to personal actions;

(B) analyze how the decisions and actions of leaders in society, politics, and the local and global community demonstrate integrity; and

(2) Responsibility. The student understands how leaders demonstrate responsibility in relationships, families, societies, politics, and the global community. The student is expected to:

(A) identify and describe personal role models who demonstrate what it means to be accountable for words and actions;

(B) identify and discuss real-world examples of taking personal responsibility for one's words and actions;

(D) define perseverance and identify strategies for demonstrating perseverance.

(3) Caring. The student understands how characteristics of caring influence society and impact the global community. The student is expected to:

(A) evaluate one's personal attitudes and mindsets about self and others;

(B) discuss how feelings, decision making, and personal behaviors impact relationships within society; and

(4) Citizenship. The student understands how character traits of citizenship influence our personal view of society and the local and global community. The student is expected to:

(A) explain the impact of personal actions on the family, school, and local and global community;

(B) practice the roles and responsibilities of citizenship in a variety of settings;

(D) participate in constructive dialogues with those of differing viewpoints.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 20, 2020.

TRD-202002960

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: August 30, 2020

For further information, please call: (512) 475-1497