PART 2. TEXAS EDUCATION AGENCY
CHAPTER 74. CURRICULUM REQUIREMENTS
SUBCHAPTER C. OTHER PROVISIONS
The State Board of Education (SBOE) adopts an amendment to §74.30, concerning identification of advanced courses. The amendment is adopted without changes to the proposed text as published in the April 18, 2008, issue of the Texas Register (33 TexReg 3109) and will not be republished. Section 74.30 identifies advanced courses as referred to in the Texas Education Code (TEC), §33.081, concerning extracurricular activities. The adopted amendment modifies the definition of advanced courses and aligns the rule with newly amended TEC, §33.081, which narrows the number of courses that may be exempt from "No Pass, No Play" requirements.
The 80th Texas Legislature passed Senate Bill (SB) 1517, amending the TEC, §33.081, to define and restrict the courses that are exempt from the passing grade requirement for students to be eligible to participate in extracurricular activities. The TEC, §33.081, specifies that the courses that are exempt include all Advanced Placement (AP) and International Baccalaureate (IB) courses. Additional courses that are exempt include honors and dual credit courses in the subjects of English language arts, mathematics, science, social studies, economics, and languages other than English.
In accordance with the TEC, §33.081, the adopted amendment to 19 TAC §74.30 changes reference from "advanced" courses to "honors" courses throughout the rule, including the section title. The amendment places reference to College Board advanced placement courses and International Baccalaureate courses at the beginning of the section rather than repeating this language for each subject area that is listed in the rule. SB 1517 does not include fine arts in the list of honors and dual credit courses exempted; therefore, a modification is also adopted to language addressing fine arts courses. In addition, language is added to address grade point average (GPA) calculation of honors courses.
Following is a summary of comments received and corresponding SBOE responses regarding the proposed amendment.
Comment. An individual commented that AP courses are dinosaurs and are taken by a very small percentage of the population. The individual further stated that college connection programs should be accessible for any student with an acceptable average and classroom performance.
Response. The SBOE disagrees with the commenter's assessment of AP courses and took action to adopt the language as filed as proposed. The adopted amendment identifies the courses that are exempt from "No Pass, No Play" requirements. The adopted amendment does not address college connection programs.
Comment. An individual questioned why there are no honors classes in band, choir, and drama. The individual further commented that students should be rewarded in all areas in which they excel.
Response. The SBOE took action to adopt the language as filed as proposed. The courses identified as honors are based on courses designated by state law.
Comment. An individual asked how omission of AP courses will affect students.
Response. The SBOE took action to adopt the language as filed as proposed. AP courses have not been omitted.
Comment. An individual inquired about the rationale for the proposed amendment.
Response. The SBOE took action to adopt the language as filed as proposed. The adoption modifies language to align the rule with recently revised statute.
Comment. An individual expressed support for maintaining AP and IB coursework.
Response. The SBOE took action to adopt the language as filed as proposed.
Comment. An individual supported a statewide standard and noted that the categories of AP, IB, and dual enrollment college courses have a recognized quality.
Response. The SBOE took action to adopt the language as filed as proposed.
Comment. An individual concurred with the proposed amendment.
Response. The SBOE took action to adopt the language as filed as proposed.
Comment. A teacher from Eastland Independent School District commented that the language about calculation of GPA will create discrepancies among school districts when calculating GPA.
Response. The SBOE disagrees and took action to adopt the language as filed as proposed. Language adopted in new subsection (c) clarifies that the identification of advanced courses for the purpose of "No Pass, No Play" requirements has no bearing on the method a school district uses to calculate GPA. This decision was under local school district authority prior to the proposed amendment to this rule.
In accordance with the TEC, §7.102(f), the SBOE approved this rule action for final adoption by a vote of more than two-thirds of its members to specify an effective date earlier than the beginning of the 2008-2009 school year. The earlier effective date will allow districts time to make necessary changes to align with the TEC, §33.081, before the start of the next school year. The effective date of the adopted new section is 20 days after filing as adopted.
The amendment is adopted under the Texas Education Code, §33.081, which authorizes the SBOE by rule to limit participation in and practice for extracurricular activities during the school day and the school week.
The amendment implements the Texas Education Code, §33.081.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 3, 2008.
TRD-200802868
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: June 23, 2008
Proposal publication date: April 18, 2008
For further information, please call: (512) 475-1497