TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 74. CURRICULUM REQUIREMENTS

The Texas Education Agency (TEA) proposes amendments to §§74.3, 74.11-74.14, and 74.23-74.29 and new §§74.31 and 74.41-74.44 concerning curriculum requirements. The sections establish definitions, requirements, and procedures related to required curricula, graduation requirements, academic achievement records, special programs, and credit.

Texas Education Code (TEC), §28.002(a), sets forth the required curriculum that each school district must offer. The proposed amendments to §§74.3, 74.11-74.14, 74.23-74.29, and new §74.31 would revise 19 TAC Chapter 74 to clarify existing language. These changes include listing the courses that districts may offer under Technology Applications and allowing credit by exam to be administered for students with some prior instruction, according to local policy. New §§74.41-74.44 are proposed to specify graduation requirements for students entering Grade 9 beginning with the 2001-2002 school year. TEC, 39.023(c), as amended by Senate Bill (SB) 103, 76th Texas Legislature, 1999, requires the implementation of a new assessment program no later than the 2002-2003 school year. As specified in SB 103, the exit-level assessment required for graduation will move from Grade 10 to Grade 11 and increase in scope to test English language arts, mathematics, social studies, and science. SB 103 also specifies the inclusion of certain areas of study in these exit-level tests. Language is included in the proposed new sections to designate Geometry as a required mathematics course and to address specific science content requirements. In addition, the proposed new sections address the following three topics: (1) Junior Reserve Officer Training Corps (JROTC) as an approved elective in all three graduation plans; (2) Communication Applications as the only course to satisfy the speech requirement; and (3) additional flexibility in the choice of electives in the Recommended High School Program and the Distinguished Achievement Program.

Mr. Arturo Almendarez, deputy commissioner for programs and instruction, has determined that for the first five-year period the sections are in effect there will be fiscal implications for local government because school districts will have to revise course catalogs and graduation plans to reflect the changes. Because districts currently revise course catalogs on an annual basis, it is not possible to specifically quantify the cost that might be incurred directly as a result of adoption of these rules. There will be no fiscal implications for state government.

Mr. Almendarez and Criss Cloudt, associate commissioner for policy planning and research, have determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that students will have adequate notice to take the appropriate courses to prepare for the prescribed exit-level assessment required in statute for graduation. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed.

Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tmail.tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed sections submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections have been published in the Texas Register .

Subchapter A. REQUIRED CURRICULUM

19 TAC §74.3

The amendments are proposed under the Texas Education Code, §7.102(c)(4), which authorizes the State Board of Education (SBOE) to establish curriculum and graduation requirements; and §28.025(a), which authorizes the SBOE by rule to determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with the required curriculum under §28.002.

The amendments implement the Texas Education Code, §7.102(c)(4) and §28.025(a).

§74.3.Description of a Required Secondary Curriculum.

(a)

Middle Grades 6-8. A school district that offers Grades 6-8 must provide instruction in the required curriculum as specified in §74.1 of this title (relating to Essential Knowledge and Skills). The district must ensure that sufficient time is provided for teachers to teach and for students to learn English language arts, mathematics, science, social studies, fine arts, health, physical education, technology applications, and to the extent possible, languages other than English. 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.

(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 (relating to Essential Knowledge and Skills). 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;

(B)

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

(C)

science--Integrated Physics and Chemistry, Biology, Chemistry, and Physics[ , ] . 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 Reconstruction, World History Studies, United States Government, and World Geography Studies;

(E)

economics , with emphasis on the free enterprise system and its benefits --Economics with Emphasis on the Free Enterprise System and Its Benefits ;

(F)

physical education--Foundations of Personal Fitness and at least two courses selected from [ of the following: ] Adventure/Outdoor Education; Aerobic Activities; Individual Sports; or Team Sports;

[ (i)

adventure/outdoor education; ]

[ (ii)

aerobic activities; ]

[ (iii)

individual sports; or ]

[ (iv)

team sports. ]

(G)

health education --Health 1 ;

(H)

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 ;

(I)

career and technology education--courses selected from at least three of the eight career and technology areas ( agricultural [ agriculture ] science and technology education, business education, career orientation, health science technology education, family and consumer sciences education/ home economics education, technology education/industrial technology education, marketing education, and trade and industrial education) taught on a campus in the school district with provisions for contracting for additional offerings with programs or institutions as may be practical;

(J)

languages other than English--[ Levels I and II of the same language until the end of school year 1998-1999, and ]Levels I, II, and III of the same language [ beginning in the 1999-2000 school year ];

(K)

technology applications--at least four courses selected from Computer Science I, Computer Science II, Desktop Publishing, Digital Graphics/Animation, Multimedia, Video Technology, Web Mastering, or Independent Study in Technology Applications;

[ (K)

technology applications - one unit of credit selected from a variety of computer- related courses including: ]

[ (i)

all courses in Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications); ]

[ (ii)

the following courses in Chapter 120 of this title (relating to Texas Essential Knowledge and Skills for Business Education): Business Computer Information Systems I and II, Business Computer Programming, Telecommunications and Networking, and Business Image Management and Multimedia; and ]

[ (iii)

the following courses in Chapter 123 of this title (relating to Texas Essential Knowledge and Skills for Technology Education/Industrial Technology Education): Computer Applications, Technology Systems (modular computer laboratory-based), Communication Graphics (modular computer laboratory-based), and Computer Multimedia and Animation Technology. ]

(L)

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 Subchapter B of this chapter (relating to Graduation Requirements) and Subchapter D of this chapter (relating to Graduation Requirements, Beginning with School Year 2001-2002).

(4)

[ (3) ] The school district must provide each student the opportunity to participate in all courses listed in subsection (b)(2) of this section. [ paragraph (2) of this subsection. ] 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. [ in paragraph (2) of this subsection. ] 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. The school district must teach a course in which [ that ] ten or more students indicate they will participate [ in ] or that is required for a student to graduate. For a course in which [ that ] fewer than ten students indicate they will participate [ in ], the district must either teach the course or employ options described in Subchapter C of this chapter (relating to Other Provisions) to provide the course and must maintain evidence that it is employing those options. [ 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. ]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 22, 2000.

TRD-200003550

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: July 2, 2000

For further information, please call: (512) 463-9701


Subchapter B. GRADUATION REQUIREMENTS

19 TAC §§74.11-74.14

The amendments are proposed under the Texas Education Code, §7.102(c)(4), which authorizes the State Board of Education (SBOE) to establish curriculum and graduation requirements; and §28.025(a), which authorizes the SBOE by rule to determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with the required curriculum under §28.002.

The amendments implement the Texas Education Code, §7.102(c)(4) and §28.025(a).

§74.11.High School Graduation Requirements.

(a)

Graduates of each high school are awarded the same type of diploma. The academic achievement record (transcript), rather than the diploma, records individual accomplishments, achievements, and courses completed and displays appropriate graduation seals .

(b)

All credit for graduation must be earned no later than Grade 12.

(c)

To receive a high school diploma, a student entering grade 9 in the 1998-1999, 1999-2000, or 2000-2001 school years [ Beginning in 1997-1998, to receive a high school diploma, a student ] must complete the requirements of the minimum high school program, as specified in subsection (d) of this section; the recommended high school program, as specified in §74.12 of this title (relating to Recommended High School Program); or the distinguished achievement program, as specified in §74.13 of this title (relating to Distinguished Achievement Program -- Advanced High School Program); as well as the testing requirements for graduation, as specified in Chapter 101 of this title (relating to Assessment).

(d)

A student must earn [ complete ] at least 22 credits to complete [ receive ] a minimum high school program [ diploma ]. Credit may be awarded without prior instruction under Texas Education Code, §28.023 (Credit by Examination). College Board advanced placement [ Advanced Placement ] and International Baccalaureate courses may be substituted for requirements in appropriate areas. A student must demonstrate proficiency in the following.

(1)

English language arts--four credits. The credits must consist of:

(A)

English I, II, and III (English I for Speakers of Other Languages and English II for Speakers of Other Languages may be substituted for English I and II only for immigrant students with limited English proficiency [ only ]); and

(B)

a fourth credit of English, which may be satisfied by English IV, Research/Technical Writing, Creative/Imaginative Writing, Practical Writing Skills, Literary Genres, Business Communication, Journalism, or concurrent enrollment in a college English course.

(2)

Mathematics--three credits to include Algebra I.

(3)

Science--two credits to include at least one credit from Biology, Chemistry, or Physics. The second credit may be selected from any science course approved by the State Board of Education (SBOE).

(4)

Social studies--two and one-half credits. The credits must consist of World History Studies (one credit) or World Geography Studies (one credit), United States History Studies Since Reconstruction (one credit), and United States Government (one-half credit).

(5)

Academic elective--one credit. The credit must be selected from World History Studies, World Geography Studies, or any [ science ] course approved by the SBOE [ State Board of Education (SBOE). ] for science credit as found in Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science).

(6)

Economics , with emphasis on the free enterprise system and its benefits--one- half credit. The credit must consist of Economics with Emphasis on the Free Enterprise System and Its Benefits.

(7)

Physical education--one and one-half credits to include one-half credit in Foundations of Personal Fitness.

(A)

The school district board of trustees may allow a student to substitute certain physical activities for the one and one-half required credits of physical education, including the one-half credit of Foundations of Personal Fitness. The substitutions must be based on the physical activity involved in drill team, marching band, and cheerleading during the fall semester; Junior Reserve Officer Training Corps (JROTC) [ (ROTC) ]; athletics; Dance I-IV; and two- or three-credit career and technology work-based training courses.

(B)

A student may not earn more than two credits in physical education toward state graduation requirements.

[ (C)

For physical education, a district must classify each student, on the basis of health, into one of the following categories.]

[ (i)

Unrestricted (not limited in activities).]

[ (ii)

Restricted (excludes the more vigorous activities).]

[ (I)

Permanent. A member of the healing arts licensed to practice in Texas must provide the school written documentation concerning the nature of the impairment and the expectations for physical activity for the student.]

[ (II)

Temporary. The student may be restricted from physical activity of the physical education class. A member of the healing arts licensed to practice in Texas must provide the school written documentation concerning the nature of the temporary impairment and the expected amount of time for recovery. During recovery time, the student must continue to learn the concepts of the lessons but may not actively participate in the skill demonstration.]

[ (iii)

Adapted and remedial (specific activities prescribed or prohibited, as directed by a member of the healing arts licensed to practice in Texas).]

(C)

[ (D) ] In accordance with local district policy, a school district may award up to two credits for physical education for appropriate private or commercially-sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions.

(i)

Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive [ intense ], professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.

(ii)

Private or commercially-sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.

(8)

Health education--one-half credit of Health 1 or Advanced Health , or Health Science Technology--one credit.

(9)

Speech--one-half credit , which may be satisfied by [ in ] Communication Applications, Speech Communication, Public Speaking, Debate, or Oral Interpretation.

(10)

Technology applications--one credit, which may be satisfied by:

(A)

the following [ all ] courses in Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications) : Computer Science I, Computer Science II, Desktop Publishing, Digital Graphics/Animation, Multimedia, Video Technology, Web Mastering, or Independent Study in Technology Applications ;

(B)

the following courses in Chapter 120 of this title (relating to Texas Essential Knowledge and Skills for Business Education): Business Computer Information Systems I or II, Business Computer Programming, Telecommunications and Networking, or Business Image Management and Multimedia; or

(C)

the following courses in Chapter 123 of this title (relating to Texas Essential Knowledge and Skills for Technology Education/Industrial Technology Education): Computer Applications, Technology Systems (modular computer laboratory-based), Communication Graphics (modular computer laboratory- based), or Computer Multimedia and Animation Technology.

(11)

Electives--five and one-half credits. The credits must be selected from:

(A)

the list of courses approved by the SBOE for Grades 9-12 as specified in §74.1 of this title (relating to Essential Knowledge and Skills);

(B)

Junior Reserve Officer Training Corps (JROTC) [ (ROTC) ] (one to four credits); or

(C)

Driver Education (one-half credit).

(e)

A maximum of three credits of reading may be offered by districts for state graduation elective credit for identified students under the following conditions. The school district board of trustees shall adopt policies to identify students in need of additional reading instruction, and district procedures shall include assessment of individual student needs, ongoing evaluation of each student's progress, and monitoring of instructional activities to ensure that student needs are addressed. Reading credits may be selected from Reading I, II, or III.

(f)

An out-of-state or out-of-country transfer student (including foreign exchange students) or a transfer student from a Texas nonpublic school is eligible to receive a Texas diploma but must complete all requirements of this section [ to be eligible ] to satisfy state graduation requirements. Any course credit required in this section that is not completed by the student before he or she enrolls in a Texas school district may be satisfied through the provisions of §74.23 of this title (relating to Correspondence Courses) and §74.24 of this title (relating to Credit by Examination) or by completing the course or courses according to the provisions of §74.26 of this title (relating to the Award of Credit).

(g)

[ Notwithstanding the repeal of §75.151 of this title (relating to High School Graduation Requirements), the ] The requirements for high school graduation for students who enrolled in a high school program during [ on ] or before the 1997-1998 school year shall remain in effect as adopted by the State Board of Education . [ (SBOE) to be effective June 21, 1984, and last amended to be effective August 8, 1989. ]

(h)

Students entering Grade 9 in the 2001-2002 school year and thereafter must complete requirements in Chapter 74, Subchapter D, of this title (relating to Curriculum Requirements).

[ (h)

The provisions of this section will apply to students entering Grade 9 in the 1998-1999 school year and thereafter. ]

§74.12.Recommended High School Program.

(a)

General requirements. A student entering Grade 9 in the 1998-1999, 1999-2000, or 2000- 2001 school years who wishes to complete the recommended high school program and have the accomplishment recognized on the academic achievement record must complete the following requirements.

(b)

Academic core components. College Board advanced placement and International Baccalaureate courses may be substituted for requirements in appropriate areas. Credit may be awarded without prior instruction under Texas Education Code, §28.023 (Credit by Examination). The student must demonstrate proficiency in the following.

(1)

English--four credits. The credits must consist of English I, English II, English III, and English IV (English I for Speakers of Other Languages and English II for Speakers of Other Languages may be substituted for English I and II only for immigrant students with limited English proficiency [ only ]).

(2)

Mathematics--three credits. The credits must consist of Algebra I, Algebra II, and Geometry.

(3)

Science--three credits. Students may choose three credits from the following four areas. Not more than one credit may be chosen from each of the four areas. All students who wish to complete the recommended high school program are encouraged to take Biology, Chemistry, and Physics to fulfill the requirements of this section.

(A)

Integrated Physics and Chemistry;

(B)

Biology, AP Biology, or IB Biology;

(C)

Chemistry, AP Chemistry, or IB Chemistry; and

(D)

Physics, Principles of Technology I, AP Physics, or IB Physics.

(4)

Social studies--three and one-half credits. The credits must consist of World History Studies (one credit), World Geography Studies (one credit), United States History Studies Since Reconstruction (one credit), and United States Government (one-half credit).

(5)

Economics , with emphasis on the free enterprise system and its benefits--one- half credit. The credit must consist of Economics with Emphasis on the Free Enterprise System and Its Benefits.

(6)

Languages other than English--two credits. The credits must consist of Level I and Level II in the same language.

(7)

Health education --one-half credit of Health 1 or Advanced Health , or Health Science Technology--one credit.

(8)

Fine arts--one credit, which may be satisfied by any course in Chapter 117 , Subchapter C, of this title (relating to Texas Essential Knowledge and Skills for [ in ] Fine Arts).

(9)

Physical education--one and one-half credits to include one-half credit in Foundations of Personal Fitness.

(A)

A school district board of trustees may allow a student to substitute certain physical activities for the one and one-half required credits of physical education, including the one-half credit of Foundations of Personal Fitness. The substitutions must be based on the physical activity involved in drill team, marching band, and cheerleading during the fall semester; Junior Reserve Officer Training Corps (JROTC) [ (ROTC) ]; athletics; Dance I-IV; and two- or three-credit career and technology work-based training courses.

(B)

In accordance with local district policy, a school district may also apply to the commissioner of education for a waiver to allow credit for appropriate private or commercially-sponsored physical activity programs conducted on or off campus. Such approval may be granted under the following conditions.

(i)

Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive [ intense ], professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.

(ii)

Private or commercially-sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.

(10)

Technology applications--one credit, which may be satisfied by:

(A)

the following [ all ] courses in Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications) : Computer Science I, Computer Science II, Desktop Publishing, Digital Graphics/Animation, Multimedia, Video Technology, Web Mastering, or Independent Study in Technology Applications ;

(B)

the following courses in Chapter 120 of this title (relating to Texas Essential Knowledge and Skills for Business Education): Business Computer Information Systems I or II, Business Computer Programming, Telecommunications and Networking, or Business Image Management and Multimedia; or

(C)

the following courses in Chapter 123 of this title (relating to Texas Essential Knowledge and Skills for Technology Education/Industrial Technology Education): Computer Applications, Technology Systems (modular computer laboratory-based), Communication Graphics (modular computer laboratory- based), or Computer Multimedia and Animation Technology.

(11)

Speech--one-half credit , which may be satisfied by [ in ] Communication Applications, Speech Communication, Public Speaking, Debate, or Oral Interpretation.

(c)

Additional components. All students who wish to complete the recommended high school program are encouraged to study each of the foundation curriculum areas (English language arts, mathematics, science and social studies) every year in high school as provided in Option I. Options II and III are provided for students who want to focus on a particular career exploration or the development of an academic interest or artistic talent. College Board advanced placement and International Baccalaureate courses may be substituted for requirements in appropriate areas. The student must choose one of the following options for additional components. Credit may be awarded without prior instruction under Texas Education Code, §28.023 (Credit by Examination), or §39.023(i) (end-of-course tests).

(1)

Option I: mathematics, science, elective. The student must demonstrate proficiency in the following.

(A)

Mathematics--one credit. The credit must consist of Precalculus.

(B)

Science--one credit. Students may select any Science course including Integrated Physics and Chemistry; Biology; Environmental Systems; Chemistry; Aquatic Science; Physics; Astronomy; Geology, Meteorology, and Oceanography; AP Biology; AP Chemistry; AP Physics; AP Environmental Science; IB Biology; IB Chemistry; IB Physics; IB Environmental Systems; Scientific Research and Design; Anatomy and Physiology of Human Systems; Medical Microbiology; Pathophysiology; Principles of Technology I; and Principles of Technology II.

(C)

Elective--one and one-half credits.

(2)

Option II: career and technology. The student must demonstrate proficiency equivalent to three and one-half credits in a coherent sequence of courses for career and technology preparation , as defined by the local school district . To be included in the recommended high school program, a technology preparation program approved by the Texas Education Agency [ (TEA) ] must meet recommended high school program criteria in English language arts, mathematics, science, social studies, languages other than English, health, fine arts, and technology applications.

(3)

Option III: academic. The student must demonstrate proficiency equivalent to three and one-half credits consisting of state-approved courses from language arts, science, social studies, mathematics, languages other than English, fine arts, or technology applications. Students may choose all three and one-half credits from one of the disciplines, or they may select courses among the listed disciplines.

(d)

Substitutions. No substitutions are allowed in the Recommended High School Program.

(e)

Students entering Grade 9 in the 2001-2002 school year and thereafter must complete requirements in Chapter 74, Subchapter D, of this title (relating to Curriculum Requirements).

[ (e)

The provisions of this section will apply to students entering Grade 9 in the 1998-1999 school year and thereafter. ]

§74.13.Distinguished Achievement Program--Advanced High School Program.

(a)

General requirements. [ Beginning in the 1999-2000 school year, a ] A student entering Grade 9 in the 1998-1999, 1999-2000, or 2000-2001 school years who wishes to complete an advanced high school program (called the distinguished achievement program) and have the accomplishment recognized and distinguished on the academic achievement record (transcript) must complete the following requirements.

(1)

Academic core components. College Board advanced placement and International Baccalaureate courses may be substituted for requirements in appropriate areas. The student must demonstrate proficiency in the following.

(A)

English--four credits. The credits must consist of English I, English II, English III, and English IV (English I for Speakers of Other Languages and English II for Speakers of Other Languages may be substituted for English I and II only for immigrant students with limited English proficiency [ only ]);

(B)

Mathematics--three credits. The credits must consist of Algebra I, Algebra II, and Geometry.

(C)

Science--three credits. Students may choose three credits from the following four areas. Not more than one credit may be chosen from each of the four areas. All students who wish to complete the distinguished achievement program are encouraged to take Biology, Chemistry, and Physics to fulfill the requirements of this section.

(i)

Integrated Physics and Chemistry;

(ii)

Biology, AP Biology, or IB Biology;

(iii)

Chemistry, AP Chemistry, or IB Chemistry; and

(iv)

Physics, Principles of Technology I, AP Physics, or IB Physics.

(D)

Social studies--three and one-half credits. The credits must consist of World History Studies (one credit), World Geography Studies (one credit), United States History Studies Since Reconstruction (one credit), and United States Government (one-half credit).

(E)

Economics , with emphasis on the free enterprise system and its benefits--one-half credit. The credit must consist of Economics with Emphasis on the Free Enterprise System and Its Benefits.

(F)

Languages other than English--three credits. The credits must consist of Level I, Level II, and Level III in the same language.

(G)

Health education --one-half credit of Health 1 or Advanced Health , or Health Science Technology--one credit.

(H)

Fine arts--one credit, which may be satisfied by any course in Chapter 117 , Subchapter C, of this title (relating to Texas Essential Knowledge and Skills for [ in ] Fine Arts).

(I)

Physical education--one and one-half credits to include one-half credit in Foundations of Personal Fitness.

(i)

A school district board of trustees may allow a student to substitute certain physical activities for the one and one-half required credits of physical education, including the one-half credit of Foundations of Personal Fitness. The substitutions must be based on the physical activity involved in drill team, marching band, and cheerleading during the fall semester; Junior Reserve Officer Training Corps (JROTC) [ (ROTC) ]; athletics; Dance I-IV; and two- or three-credit career and technology work-based training courses.

(ii)

In accordance with local district policy, a school district may also apply to the commissioner of education for a waiver to allow credit for appropriate private or commercially-sponsored physical activity programs conducted on or off campus. Such approval may be granted under the following conditions.

(I)

Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive [ intense ], professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.

(II)

Private or commercially-sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.

(J)

Technology applications--one credit, which may be satisfied by:

(i)

the following [ all ] courses in Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications) : Computer Science I, Computer Science II, Desktop Publishing, Digital Graphics/Animation, Multimedia, Video Technology, Web Mastering, or Independent Study in Technology Applications ;

(ii)

the following courses in Chapter 120 of this title (relating to Texas Essential Knowledge and Skills for Business Education): Business Computer Information Systems I or II, Business Computer Programming, Telecommunications and Networking, or Business Image Management and Multimedia; or

(iii)

the following courses in Chapter 123 of this title (relating to Texas Essential Knowledge and Skills for Technology Education/Industrial Technology Education): Computer Applications, Technology Systems (modular computer laboratory-based), Communication Graphics (modular computer laboratory-based), or Computer Multimedia and Animation Technology.

(K)

Speech--one-half credit , which may be satisfied by [ in ] Communication Applications, Speech Communication, Public Speaking, Debate, or Oral Interpretation.

(2)

Additional components. All students who wish to complete the distinguished achievement program are encouraged to study each of the foundation curriculum areas (English language arts, mathematics, science and social studies) every year in high school as provided in Option I. Options II and III are provided for students who want to focus on a particular career exploration or the development of an academic interest or artistic talent. College Board advanced placement and International Baccalaureate courses may be substituted for requirements in appropriate academic areas. The student must choose one of the following options for additional components. Credit may be awarded without prior instruction under Texas Education Code, §28.023, (Credit by Examination).

(A)

Option I: mathematics, science, elective. The student must demonstrate proficiency in the following.

(i)

Mathematics--one credit. The credit must consist of Precalculus.

(ii)

Science--one credit. Students may select any Science course including Integrated Physics and Chemistry; Biology; Environmental Systems; Chemistry; Aquatic Science; Physics; Astronomy; Geology, Meteorology, and Oceanography; AP Biology; AP Chemistry; AP Physics; AP Environmental Science; IB Biology; IB Chemistry; IB Physics; IB Environmental Systems; Scientific Research and Design; Anatomy and Physiology of Human Systems; Medical Microbiology; Pathophysiology; Principles of Technology I; and Principles of Technology II.

(iii)

Elective--one-half credit.

(B)

Option II: career and technology. The student must demonstrate proficiency equivalent to two and one-half credits in a coherent sequence of courses for career and technology preparation , as defined by the local school district . To be included in the distinguished achievement program, a technology preparation program approved by the Texas Education Agency (TEA) must meet distinguished achievement program criteria in English language arts, mathematics, science, social studies, languages other than English, health, fine arts, and technology applications.

(C)

Option III: academic. The student must demonstrate proficiency equivalent to two and one-half credits consisting of state-approved [ , ] courses from language arts, science, social studies, mathematics, languages other than English, fine arts, or technology applications. Students may choose all two and one-half credits from one of the disciplines, or they may select courses among the listed disciplines.

(3)

Advanced measures. A student also must achieve any combination of four of the following advanced measures. Original research/projects may not be used for more than two of the four advanced measures. The measures must focus on demonstrated student performance at the college or professional level. Student performance on advanced measures must be assessed through an external review process.

(A)

original research/project that is:

(i)

judged by a panel of professionals in the field that is the focus of the project; or

(ii)

conducted under the direction of mentor(s) and reported to an appropriate audience; and

(iii)

related to the required curriculum set forth in §74.1 of this title (relating to Essential Knowledge and Skills);

(B)

test data where a student receives:

(i)

a score of three or above on The College Board advanced placement [ Advanced Placement ] examination;

(ii)

a score of four or above on an International Baccalaureate examination; or

(iii)

a score on the Preliminary Scholastic Assessment Test (PSAT) that qualifies a student for recognition as a Commended Scholar or higher by the National Merit Scholarship Corporation; as part of the National Hispanic Scholar Program of the College Board; or as part of the National Achievement Scholarship Program for Outstanding Negro Students of the National Merit Scholarship Corporation. The PSAT score may count as only one advanced measure regardless of the number of honors received by the student; or

(C)

college academic courses with a grade of 3.0 or higher in [ on ] courses that count for college credit, including tech-prep programs.

(4)

Substitutions. No substitutions are allowed in the Distinguished Achievement Program.

(b)

Students entering Grade 9 in the 2001-2002 school year and thereafter must complete requirements in Chapter 74, Subchapter D, of this title (relating to Curriculum Requirements).

[ (b)

Notwithstanding the repeal of subsections (c)-(g) of this section, the requirements for high school graduation in the advanced high school program and the advanced high school honors program remain in effect until the end of the school year 1998-1999. This subsection expires August 31, 1999. ]

[ (c)

The provisions of this section will apply to students entering Grade 9 in the 1998-1999 school year and thereafter. ]

§74.14.Academic Achievement Record (Transcript).

(a)

The commissioner of education shall develop and distribute to each school district and institution of higher education in the state a common academic achievement record and coding system for courses and instructions for recording information on the academic achievement record. Each school district must use the coding system provided by the commissioner.

(b)

Each school district must use an academic achievement record (transcript) form designated by the State Board of Education (SBOE). Each district must reproduce the form in sufficient quantities. The form shall serve as the academic record for each student and must be maintained permanently by the district. Each district must ensure that copies of the record are made available for a student transferring from one district to another. The information may be provided to the student or to the district to which the student is transferring or both. To ensure appropriate placement of a transfer student, a district must respond promptly to each request for student records from a receiving school district.

[ (a)

Each school district must use the academic achievement record (transcript) form designated by the State Board of Education (SBOE). Each district must reproduce the form in sufficient quantities. The form shall serve as the academic record for each student and must be maintained permanently by the district. Each district must ensure that copies of the record are made available for a student transferring from one district to another. The information may be provided to the student or to the district to which the student is transferring or both. To ensure appropriate placement of a transfer student, a district must respond promptly to each request for student records from a receiving school district.]

[ (b)

The commissioner of education shall develop and distribute to each school district and institution of higher education in the state a common academic achievement record and coding system for courses and instructions for recording information on the academic achievement record. Each school district must use the system provided by the commissioner.]

(c)

Any credit earned by a student must be recorded on the academic achievement record, regardless of when the credit was earned.

(d)

A student who completes high school graduation requirements shall have attached to the academic achievement record a seal approved by the SBOE.

(e)

A student who completes all graduation requirements except for required exit-level assessment instruments may be issued a certificate of coursework completion. The academic achievement record will include a notation of the date such a certificate was issued to the student.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 22, 2000.

TRD-200003551

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: July 2, 2000

For further information, please call: (512) 463-9701


Subchapter C. OTHER PROVISIONS

19 TAC §§74.23-74.29, 74.31

The amendments are proposed under the Texas Education Code, §7.102(c)(4), which authorizes the State Board of Education (SBOE) to establish curriculum and graduation requirements; and §28.025(a), which authorizes the SBOE by rule to determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with the required curriculum under §28.002.

The amendments implement the Texas Education Code, §7.102(c)(4) and §28.025(a).

§74.23.Correspondence Courses and Distance Learning .

Credit toward state graduation requirements may be granted under this section only under the following conditions.

(1)

The institution offering correspondence courses [ the course ] must be The University of Texas at Austin, Texas Tech University, or another public institution of higher education approved by the commissioner of education.

(2)

Students may earn course credit through distance learning technologies, such as, but not limited to, satellite, Internet, two-way video-conferencing, and instructional television.

(3)

[ (2) ] The correspondence and distance learning courses [ course ] must include the essential knowledge and skills as specified in §74.1 of this title (relating to Essential Knowledge and Skills) for such a course.

§74.24.Credit by Examination.

(a)

General provisions.

(1)

A school district must provide at least three days between January 1 and June 30 and three days between July 1 and December 31 annually when examinations for acceleration required under Texas Education Code, §28.023, shall be administered in Grades 1-12. The days do not need to be consecutive but must be designed to meet the needs of all students. The dates must be publicized in the community.

(2)

A school district shall not charge for an exam for acceleration. If a parent requests an alternative examination, the district may administer and recognize results of a test purchased by the parent or student from Texas Tech University or The University of Texas at Austin.

(3)

A school district must have the approval of the district board of trustees to develop its own tests or to purchase examinations that thoroughly test the essential knowledge and skills in the applicable grade level or subject area.

(4)

A school district may allow a student to accelerate at a time other than one required in paragraph (1) of this subsection by developing a cost-free option approved by the district board of trustees that allows students to demonstrate academic achievement or proficiency in a subject or grade level.

(b)

Assessment for acceleration in kindergarten through Grade 5.

(1)

A school district must develop procedures for kindergarten acceleration that are approved by the district board of trustees.

(2)

A student in any of Grades 1-5 must be accelerated one grade if he or she meets the following requirements.

(A)

The student scores 90% on a criterion-referenced test for the grade level he or she wants to skip in each of the following areas: language arts, mathematics, science, and social studies.

(B)

A school district representative recommends that the student be accelerated.

(C)

The student's parent or guardian gives written approval for the acceleration.

(c)

Assessment for course credit in Grades 6-12.

(1)

A student in any of Grades 6-12 must be given credit for an academic subject in which he or she has had no prior instruction if the student scores 90% on a criterion-referenced test for the applicable course.

(2)

If a student is given credit in a subject on the basis of an examination, the school district must enter the examination score on the student's transcript.

(3)

In accordance with local school district policy, a student in any of Grades 6-12 may be given credit for an academic subject in which he or she had some prior instruction, if the student scores 70% on a criterion-referenced test for the applicable course.

§74.25.High School Credit for College Courses.

(a)

A school district board of trustees may adopt a policy that allows a student to be awarded credit toward high school graduation for completing a college-level course. The course must be provided only by an institution of higher education that is accredited by one of the following regional accrediting associations:

(1)

Southern Association of Colleges and Schools;

(2)

Middle States Association of Colleges and Schools;

(3)

New England Association of Schools and Colleges;

(4)

North Central Association of Colleges and Schools;

(5)

Western Association of Schools and Colleges; or

(6)

Northwest Association of Schools and Colleges.

(b)

To be eligible to enroll and be awarded credit toward state graduation requirements, a student must have the approval of the high school principal or other school official designated by the school district. The course for which credit is awarded must provide advanced academic instruction beyond, or in greater depth than, the essential knowledge and skills for the equivalent high school course .

§74.26.Award of Credit.

(a)

The award of credit for a course by a school district affirms that a student has satisfactorily met all state and local requirements. Any course for which credit is awarded must be provided according to this subsection.

(1)

Credit earned toward state graduation requirements by a student in an accredited school district shall be transferable and must be accepted by any other school district in the state. A district may not prohibit a new student from attending school pending receipt of transcripts or records from the school district the student previously attended. Credit earned in a local-credit course may be transferred only with the consent of the receiving school district.

(2)

A school district must ensure that the records or transcripts of an out-of-state or out-of- country transfer student (including foreign exchange students) or a transfer student from a Texas nonpublic school are evaluated and that the student is placed in appropriate classes promptly. The district may use a variety of methods to verify the content of courses for which a transfer student has earned credit.

(b)

Districts may offer courses designated for Grades 9-12 (refer to §74.11 of this title (relating to High School Graduation Requirements)) in earlier grade levels. A course must be considered completed and credit must be awarded if the student has demonstrated achievement by meeting the standard requirements of the course, including demonstrated proficiency in the subject matter, regardless of the time the student has received instruction in the course or the grade level at which proficiency was attained. The academic achievement record (transcript) shall reflect that students have satisfactorily completed courses at earlier grade levels than Grades 9-12 and have been awarded state graduation credits.

(c)

Credit for courses for high school graduation may be earned only if the student received a grade which is the equivalent of 70 on a scale of 100, based upon [ course-level, grade-level standards of ] the essential knowledge and skills for each course. [ curriculum. ]

(d)

In accordance with local district policy, students who are able to successfully complete only one semester of a two-semester course can be awarded credit proportionately.

§74.27.Innovative Courses and Programs.

(a)

A school district may develop innovative or other locally-designed courses to enable students to master knowledge, skills, and competencies not included in the essential knowledge and skills of the required curriculum.

(1)

The State Board of Education (SBOE) may approve any course that does not fall within any of the subject areas listed in the foundation and enrichment curricula when the applicant school district or organization demonstrates that the proposed course is academically rigorous and addresses documented student needs.

(2)

The commissioner of education may approve a discipline-based course in the foundation or enrichment curriculum when the applicant school district or organization demonstrates that the proposed course is academically challenging and addresses documented student needs.

(3)

To request approval from the SBOE or the commissioner of education, the school district or organization must submit a request for approval, at least six months before planned implementation, that includes:

(A)

a description of the course and its essential knowledge and skills;

(B)

the rationale and justification for the request in terms of student need;

(C)

a description of activities, major resources, and materials to be used;

(D)

the methods of evaluating student outcomes;

(E)

the qualifications of the teacher;

(F)

the amount of credit requested; and

(G)

the school years for which approval is requested.

(b)

A school district may operate a magnet program, academy, or other innovative program to serve student populations with specialized interests and aptitudes. A program that does not meet all applicable requirements of this chapter must be approved by the SBOE. A district seeking approval for magnet courses under this subsection must apply in writing to the commissioner of education. The district's request must include the same information as that specified in subsection (a) of this section for a request for approval of an innovative course.

§74.28.Students with Dyslexia and Related Disorders.

(a)

The board of trustees of a school district must ensure that procedures for identifying a student with dyslexia or a related disorder and for providing appropriate instructional services to the student are implemented in the district. These procedures will be monitored by the Texas Education Agency [ (TEA) ] with on-site visits conducted as appropriate.

(b)

A school district's procedures must be implemented according to the State Board of Education (SBOE) approved strategies for screening, and techniques for treating, dyslexia and related disorders. The strategies and techniques are described in "Procedures Concerning Dyslexia and Related Disorders," a set of flexible guidelines for local districts that may be modified by SBOE only with broad-based dialogue that includes input from educators and professionals in the field of reading and dyslexia and related disorders from across the state. Screening should only be done by individuals/professionals who are trained to assess students for dyslexia and related disorders.

(c)

A school district may purchase a reading program or develop its own reading program for students with dyslexia and related disorders, as long as the program is characterized by the descriptors found in "Procedures Concerning Dyslexia and Related Disorders." Teachers who screen and treat these students must be trained in instructional strategies which utilize individualized, intensive, multisensory, phonetic methods and a variety of writing and spelling components described in the "Procedures Concerning Dyslexia and Related Disorders" and in the professional development activities specified by each district and/or campus planning and decision making committee.

(d)

Before an identification or assessment procedure is used selectively with an individual student, the school district must notify the student's parent or guardian or another person standing in parental relation to the student.

(e)

Parents/guardians of students eligible under the Rehabilitation Act of 1973, §504, must be informed of all services and options available to the student under that federal statute.

(f)

Each school must provide each identified student access at his or her campus to the services of a teacher trained in dyslexia and related disorders. The school district may, with the approval of each student's parents or guardians, offer additional services at a centralized location. Such centralized services shall not preclude each student from receiving services at his or her campus.

(g)

Because early intervention is critical, a program for early identification, intervention, and support for students with dyslexia and related disorders must be available in each district as outlined in the "Procedures Concerning Dyslexia and Related Disorders."

(h)

Each school district may provide a parent education program for parents/guardians of students with dyslexia and related disorders. This program should include: awareness of characteristics of dyslexia and related disorders; information on testing and diagnosis of dyslexia; information on effective strategies for teaching dyslexic students; and awareness of information on modification, especially modifications allowed on standardized testing.

§74.29.Texas Advanced Placement Incentive Program.

(a)

Purpose. The Texas advanced placement incentive program is created to recognize and reward students, teachers, and schools that demonstrate success in achieving the educational goals of the state. An award or a subsidy granted under this section shall be for the public purpose of promoting an educated citizenry.

(b)

Types of awards.

(1)

A school participating in the program shall be eligible to receive the following awards:

(A)

a one-time, $3,000 equipment grant for providing a College Board advanced placement or International Baccalaureate course, based on need as determined by the commissioner of education; and

(B)

$100 for each student who receives a score of three or better on a College Board advanced placement or International Baccalaureate test.

(2)

A teacher who teaches a College Board advanced placement or International Baccalaureate course shall be eligible to receive the following awards:

(A)

a subsidy of up to $450 per teacher for teacher training for College Board advanced placement or International Baccalaureate courses;

(B)

a one-time award of $250 for teaching a College Board advanced placement or International Baccalaureate course for the first time; and

(C)

a share of the teacher bonus pool proportional to the number of courses taught that shall be distributed by the teacher's school. Fifty dollars may be deposited in the teacher bonus pool for each student enrolled in the school who receives a score of three or better on a College Board advanced placement or International Baccalaureate test.

(3)

A student who receives a score of three or better on a College Board advanced placement or International Baccalaureate test may receive a reimbursement of up to $65 for the advanced placement or International Baccalaureate testing fee. The reimbursement shall be reduced by the amount of any subsidy awarded by the College Board or International Baccalaureate or under subsection (e) of this section.

(c)

Award adjustment. The commissioner of education shall adjust and prorate by category the sum and number of awards to ensure the purpose of the program is realized.

(d)

Application for, and use of, awards.

(1)

To obtain an award, a school or teacher must submit to the State Board of Education (SBOE) a written application in a form, manner, and time prescribed by the commissioner of education. The intended recipient of the award must submit the application.

(2)

A school must give priority to academic enhancement purposes in using any award received under this section. An award may not be used for any purpose relating to athletics.

(e)

Subsidies for College Board advanced placement or International Baccalaureate tests.

(1)

A student is entitled to a subsidy for the fee he or she pays to take a College Board advanced placement or International Baccalaureate test if the student demonstrates financial need according to guidelines adopted by the College Board.

(2)

The Texas Education Agency (TEA), with SBOE approval, may pay each eligible applicant an equal amount of up to $25.

(f)

Funding of awards and subsidies.

(1)

An award or a subsidy granted under this section is subject to the availability of funds. An award or a subsidy may be funded by donations, grants, or legislative appropriations.

(2)

The commissioner of education may solicit and receive a grant or donation for the purpose of making awards under this section. The TEA shall account for and distribute any donation, grant, or legislative appropriation.

(3)

The TEA shall apply to the program any available funds from its appropriations that may be used for this purpose.

(4)

An application for funding may be filed with TEA at a date determined by the commissioner of education.

§74.31.Health Classifications for Physical Education.

For physical education, a district must classify each student, on the basis of health, into one of the following categories.

(1)

Unrestricted (not limited in activities).

(2)

Restricted (excludes the more vigorous activities).

(A)

Permanent. A member of the healing arts licensed to practice in Texas must provide the school written documentation concerning the nature of the impairment and the expectations for physical activity for the student.

(B)

Temporary. The student may be restricted from physical activity of the physical education class. A member of the healing arts licensed to practice in Texas must provide the school written documentation concerning the nature of the temporary impairment and the expected amount of time for recovery. During recovery time, the student must continue to learn the concepts of the lessons but may not actively participate in the skill demonstration.

(3)

Adapted and remedial (specific activities prescribed or prohibited, as directed by a member of the healing arts licensed to practice in Texas).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 22, 2000.

TRD-200003552

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: July 2, 2000

For further information, please call: (512) 463-9701


Subchapter D. GRADUATION REQUIREMENTS, BEGINNING WITH SCHOOL YEAR 2001-2002

19 TAC §§74.41-74.44

The new sections are proposed under the Texas Education Code, §7.102(c)(4), which authorizes the State Board of Education (SBOE) to establish curriculum and graduation requirements; and §28.025(a), which authorizes the SBOE by rule to determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with the required curriculum under §28.002.

The new sections implement the Texas Education Code, §7.102(c)(4) and §28.025(a).

§74.41.High School Graduation Requirements.

(a)

Graduates of each high school are awarded the same type of diploma. The academic achievement record (transcript), rather than the diploma, records individual accomplishments, achievements, and courses completed and displays appropriate graduation seals.

(b)

All credit for graduation must be earned no later than Grade 12.

(c)

To receive a high school diploma, a student entering Grade 9 in the 2001-2002 school year and thereafter must complete the following:

(1)

requirements of the minimum high school program specified in §74.42 of this title (relating to Minimum High School Program), the recommended high school program specified in §74.43 of this title (relating to Recommended High School Program), or the advanced program specified in §74.44 of this title (relating to Distinguished Achievement High School Program); and

(2)

testing requirements for graduation as specified in Chapter 101 of this title (relating to Assessment).

(d)

A maximum of three credits of reading (selected from Reading I, II, or III) may be offered by districts for state graduation elective credit for identified students under the following conditions.

(1)

The school district board of trustees shall adopt policies to identify students in need of additional reading instruction.

(2)

District procedures shall include assessment of individual student needs, ongoing evaluation of each student's progress, and monitoring of instructional activities to ensure that student needs are addressed.

(e)

An out-of-state or out-of-country transfer student (including foreign exchange students) or a transfer student from a Texas nonpublic school is eligible to receive a Texas diploma, but must complete all requirements of this section to satisfy state graduation requirements. Any course credit required in this section that is not completed by the student before he or she enrolls in a Texas school district may be satisfied through the provisions of §74.23 of this title (relating to Correspondence Courses and Distance Learning) and §74.24 of this title (relating to Credit by Examination) or by completing the course or courses according to the provisions of §74.26 of this title (relating to Award of Credit).

(f)

Elective credits in all three graduation programs may be selected from the following:

(1)

the list of courses approved by the State Board of Education (SBOE) for Grades 9-12 as specified in §74.1 of this title (relating to Essential Knowledge and Skills);

(2)

state-approved innovative courses as specified in §74.27 of this chapter (relating to Innovative Courses and Programs);

(3)

Junior Reserve Officer Training Corps (JROTC)--one to four credits;

(4)

Driver Education--one-half credit.

(g)

College Board advanced placement and International Baccalaureate courses may be substituted for courses required in appropriate areas in all three high school graduation programs. College Board advanced placement and International Baccalaureate courses may be used as electives in all three high school graduation programs.

§74.42.Minimum High School Program.

(a)

Credits. A student must earn at least 22 credits to complete the Minimum High School Program.

(b)

Core Courses. A student must demonstrate proficiency in the following.

(1)

English language arts--four credits. The credits must consist of:

(A)

English I, II, and III (English I for Speakers of Other Languages and English II for Speakers of Other Languages may be substituted for English I and II only for immigrant students with limited English proficiency); and

(B)

Fourth credit of English, which may be satisfied by English IV, Research/Technical Writing, Creative/Imaginative Writing, Practical Writing Skills, Literary Genres, Business Communication, Journalism, or concurrent enrollment in a college English course.

(2)

Mathematics--three credits to include Algebra I and Geometry.

(3)

Science--two credits. The credits must consist of Biology and Integrated Physics and Chemistry (IPC). A student may substitute Chemistry or Physics for IPC and then must use the second of these two courses as the academic elective credit identified in subsection (b)(6) of this section.

(4)

Social studies--two and one-half credits. The credits must consist of World History Studies (one credit) or World Geography Studies (one credit), United States History Studies Since Reconstruction (one credit), and United States Government (one-half credit).

(5)

Economics, with emphasis on the free enterprise system and its benefits--one-half credit. The credit must consist of Economics with Emphasis on the Free Enterprise System and Its Benefits.

(6)

Academic elective--one credit. The credit must be selected from World History Studies, World Geography Studies, or any science course approved by the State Board of Education (SBOE) for science credit as found in Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science). If a student elects to replace IPC with either Chemistry or Physics as described in subsection (b)(3) of this section, the academic elective must be the other of these two science courses.

(7)

Physical education--one and one-half credits to include Foundations of Personal Fitness (one-half credit).

(A)

A student may not earn more than two credits in physical education toward state graduation requirements.

(B)

The school district board of trustees may allow a student to substitute certain physical activities for the required credits in physical education, including the Foundations of Personal Fitness. The substitutions must be based on the physical activity involved in drill team, marching band, and cheerleading during the fall semester; Junior Reserve Officer Training Corps (JROTC); athletics; Dance I- IV; two- or three-credit career and technology work-based training courses, and off-campus physical education.

(C)

In accordance with local district policy, a school district may award up to two credits for physical education for appropriate private or commercially-sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions:

(i)

Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.

(ii)

Private or commercially-sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.

(8)

Health education--one-half credit, which may be satisfied by Health 1 or Advanced Health, or Health Science Technology--one credit, which may be satisfied by Introduction to Health Science Technology, Health Science Technology I, or Health Science Technology II.

(9)

Speech--one-half credit. The credit must consist of Communication Applications.

(10)

Technology applications--one credit, which may be satisfied by:

(A)

the following courses in Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications): Computer Science I, Computer Science II, Desktop Publishing, Digital Graphics/Animation, Multimedia, Video Technology, Web Mastering, or Independent Study in Technology Applications;

(B)

the following courses in Chapter 120 of this title (relating to the Texas Essential Knowledge and Skills for Business Education): Business Computer Information Systems I or II, Business Computer Programming, Telecommunications and Networking, or Business Image Management and Multimedia; or

(C)

the following courses in Chapter 123 of this title (relating to the Texas Essential Knowledge and Skills for Technology Education/Industrial Technology Education): Computer Applications, Technology Systems (modular computer laboratory-based), Communications Graphics (modular computer laboratory- based), or Computer Multimedia and Animation Technology.

(11)

Electives--five and one-half credits. The credits must be selected from the list of courses specified in §74.41(f) of this title (relating to High School Graduation Requirements).

§74.43.Recommended High School Program.

(a)

Credits. A student must earn at least 24 credits to complete the Recommended High School Program.

(b)

Core Courses. A student must demonstrate proficiency in the following:

(1)

English language arts--four credits. The credits must consist of English I, II, III, and IV (English I for Speakers of Other Languages and English II for Speakers of Other Languages may be substituted for English I and II only for immigrant students with limited English proficiency).

(2)

Mathematics--three credits. The credits must consist of Algebra I, Algebra II, and Geometry.

(3)

Science--three credits. One credit must be a biology credit (Biology, Advanced Placement (AP) Biology, or International Baccalaureate (IB) Biology). Students must choose the remaining two credits from the following areas. Not more than one credit may be chosen from each of the areas to satisfy this requirement. Students on the Recommended High School Program are encouraged to take courses in biology, chemistry, and physics to complete the science requirements.

(A)

Integrated Physics and Chemistry (IPC);

(B)

Chemistry, AP Chemistry, or IB Chemistry; and

(C)

Physics, Principles of Technology I, AP Physics, or IB Physics.

(4)

Social studies--three and one-half credits. The credits must consist of World History Studies (one credit), World Geography Studies (one credit), United States History Studies Since Reconstruction (one credit), and United States Government (one-half credit).

(5)

Economics, with emphasis on the free enterprise system and its benefits--one-half credit. The credit must consist of Economics with Emphasis on the Free Enterprise System and Its Benefits.

(6)

Languages other than English--two credits. The credits must consist of Level I and Level II in the same language.

(7)

Physical education--one and one-half credits to include Foundations of Personal Fitness (one-half credit).

(A)

A student may not earn more than two credits in physical education toward state graduation requirements.

(B)

The school district board of trustees may allow a student to substitute certain physical activities for the required credits in physical education, including the Foundations of Personal Fitness. The substitutions must be based on the physical activity involved in drill team, marching band, and cheerleading during the fall semester; Junior Reserve Officer Training Corps (JROTC); athletics; Dance I- IV; and two- or three-credit career and technology work-based training courses.

(C)

In accordance with local district policy, a school district may award up to two credits for physical education for appropriate private or commercially-sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions:

(i)

Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.

(ii)

Private or commercially-sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.

(8)

Health education--one-half credit, which may satisfied by Health 1 or Advanced Health, or Health Science Technology--one credit, which may be satisfied by Introduction to Health Science Technology, Health Science Technology I, or Health Science Technology II.

(9)

Speech--one-half credit. The credit must consist of Communication Applications.

(10)

Technology applications--one credit, which may be satisfied by:

(A)

the following courses in Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications): Computer Science I, Computer Science II, Desktop Publishing, Digital Graphics/Animation, Multimedia, Video Technology, Web Mastering, or Independent Study in Technology Applications;

(B)

the following courses in Chapter 120 of this title (relating to the Texas Essential Knowledge and Skills for Business Education): Business Computer Information Systems I or II, Business Computer Programming, Telecommunications and Networking, or Business Image Management and Multimedia; or

(C)

the following courses in Chapter 123 of this title (relating to the Texas Essential Knowledge and Skills for Technology Education/Industrial Technology Education): Computer Applications, Technology Systems (modular computer laboratory-based), Communications Graphics (modular computer laboratory- based), or Computer Multimedia and Animation Technology.

(11)

Fine arts--one credit, which may be satisfied by any course in Chapter 117, Subchapter C, of this title (relating to Texas Essential Knowledge and Skills for Fine Arts).

(c)

Elective Courses--three and one-half credits. The credits may be selected from the list of courses specified in §74.41(f) of this title (relating to High School Graduation Requirements). All students who wish to complete the Recommended High School Program are encouraged to study each of the four foundation curriculum areas (English language arts, mathematics, science, and social studies) every year in high school.

(d)

Substitutions. No substitutions are allowed in the Recommended High School Program, except as specified in this chapter.

§74.44.Distinguished Achievement High School Program--Advanced High School Program.

(a)

Credits. A student must earn at least 24 credits to complete the Distinguished Achievement High School Program.

(b)

Core Courses. A student must demonstrate proficiency in the following:

(1)

English language arts--four credits. The credits must consist of English I, II, III, and IV (English I for Speakers of Other Languages and English II for Speakers of Other Languages may be substituted for English I and II only for immigrant students with limited English proficiency).

(2)

Mathematics--three credits. The credits must consist of Algebra I, Algebra II, and Geometry.

(3)

Science--three credits. One credit must be a biology credit (Biology, Advanced Placement (AP) Biology, or International Baccalaureate (IB) Biology). Students must choose the remaining two credits from the following areas. Not more than one credit may be chosen from each of the areas to satisfy this requirement. Students on the Distinguished Achievement High School Program are encouraged to take courses in biology, chemistry, and physics to complete the science requirements.

(A)

Integrated Physics and Chemistry (IPC);

(B)

Chemistry, AP Chemistry, or IB Chemistry; and

(C)

Physics, Principles of Technology I, AP Physics, or IB Physics.

(4)

Social studies--three and one-half credits. The credits must consist of World History Studies (one credit), World Geography Studies (one credit), United States History Studies Since Reconstruction (one credit), and United States Government (one-half credit).

(5)

Economics, with emphasis on the free enterprise system and its benefits--one-half credit. The credit must consist of Economics with Emphasis on the Free Enterprise System and Its Benefits.

(6)

Languages other than English--three credits. The credits must consist of Level I, Level II, and Level III in the same language.

(7)

Physical education--one and one-half credits to include Foundations of Personal Fitness (one-half credit).

(A)

A student may not earn more than two credits in physical education toward state graduation requirements.

(B)

The school district board of trustees may allow a student to substitute certain physical activities for the required credits in physical education, including the Foundations of Personal Fitness. The substitutions must be based on the physical activity involved in drill team, marching band, and cheerleading during the fall semester; Junior Reserve Officer Training Corps (JROTC); athletics; Dance I- IV; and two- or three-credit career and technology work-based training courses.

(C)

In accordance with local district policy, a school district may award up to two credits for physical education for appropriate private or commercially-sponsored physical activity programs conducted on or off campus. The district must apply to the commissioner of education for approval of such programs, which may be substituted for state graduation credit in physical education. Such approval may be granted under the following conditions:

(i)

Olympic-level participation and/or competition includes a minimum of 15 hours per week of highly intensive, professional, supervised training. The training facility, instructors, and the activities involved in the program must be certified by the superintendent to be of exceptional quality. Students qualifying and participating at this level may be dismissed from school one hour per day. Students dismissed may not miss any class other than physical education.

(ii)

Private or commercially-sponsored physical activities include those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Student participation of at least five hours per week must be required. Students certified to participate at this level may not be dismissed from any part of the regular school day.

(8)

Health education--one-half credit, which may be satisfied by Health 1 or Advanced Health, or Health Science Technology--one credit, which may be satisfied by Introduction to Health Science Technology, Health Science Technology I, or Health Science Technology II.

(9)

Speech--one-half credit. The credit must consist of Communication Applications.

(10)

Technology applications--one credit, which may be satisfied by:

(A)

the following courses in Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications): Computer Science I, Computer Science II, Desktop Publishing, Digital Graphics/Animation, Multimedia, Video Technology, Web Mastering, or Independent Study in Technology Applications;

(B)

the following courses in Chapter 120 of this title (relating to the Texas Essential Knowledge and Skills for Business Education): Business Computer Information Systems I or II, Business Computer Programming, Telecommunications and Networking, or Business Image Management and Multimedia; or

(C)

the following courses in Chapter 123 of this title (relating to the Texas Essential Knowledge and Skills for Technology Education/Industrial Technology Education): Computer Applications, Technology Systems (modular computer laboratory-based), Communications Graphics (modular computer laboratory- based), or Computer Multimedia and Animation Technology.

(11)

Fine arts--one credit, which may be satisfied by any course in Chapter 117, Subchapter C, of this title (relating to Texas Essential Knowledge and Skills for Fine Arts).

(c)

Elective Courses--two and one-half credits. The credits may be selected from the list of courses specified in §74.41(f) of this title (relating to High School Graduation Requirements). All students who wish to complete the Distinguished Achievement High School Program are encouraged to study each of the four foundation curriculum areas (English language arts, mathematics, science, and social studies) every year in high school.

(d)

Advanced measures. A student also must achieve any combination of four of the following advanced measures. Original research/projects may not be used for more than two of the four advanced measures. The measures must focus on demonstrated student performance at the college or professional level. Student performance on advanced measures must be assessed through an external review process. The student may choose from the following options:

(1)

original research/project that is:

(A)

judged by a panel of professionals in the field that is the focus of the project; or

(B)

conducted under the direction of mentor(s) and reported to an appropriate audience; and

(C)

related to the required curriculum set forth in §74.1 of this title (relating to Essential Knowledge and Skills);

(2)

test data where a student receives:

(A)

a score of three or above on the College Board advanced placement examination;

(B)

a score of four or above on an International Baccalaureate examination; or

(C)

a score on the Preliminary Scholastic Assessment Test (PSAT) that qualifies the student for recognition as a commended scholar or higher by the National Merit Scholarship Corporation, as part of the National Hispanic Scholar Program of the College Board or as part of the National Achievement Scholarship Program for Outstanding Negro Students of the National Merit Scholarship Corporation. The PSAT score shall count as only one advanced measure regardless of the number of honors received by the student; or

(3)

college academic courses with a grade of 3.0 or higher that count for college credit, including tech-prep programs.

(e)

Substitutions. No substitutions are allowed in the Distinguished Achievement High School Program, except as specified in this chapter.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 22, 2000.

TRD-200003553

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: July 2, 2000

For further information, please call: (512) 463-9701


Chapter 76. EXTRACURRICULAR ACTIVITIES

Subchapter A. PROVISIONS

19 TAC §76.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Education Agency (TEA) proposes the repeal of §76.1, concerning extracurricular activities. The section establishes definitions, requirements, and procedures for participation in and practice for extracurricular activities during the school day and school week.

House Bill 3573, 76th Texas Legislature, 1999, amended Texas Education Code, §7.102(c)(27), and transferred authority for rules on extracurricular activities from the State Board of Education to the commissioner of education. This proposed repeal is necessary since identical provisions have been adopted under the commissioner of education's rulemaking authority and are found in 19 TAC §76.1001, which became effective April 9, 2000.

Ed Flathouse, associate commissioner for school finance and operations, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.

Mr. Flathouse and Criss Cloudt, associate commissioner for policy planning and research, have determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be to ensure that rules related to extracurricular activities are designated appropriately to the commissioner of education in accordance with statute and to provide continued guidance for the efficient operation of extracurricular activities and effective services to students. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal.

Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tmail.tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register .

The repeal is proposed under Texas Education Code, §7.102(c)(27), as amended by House Bill 3573, 76th Texas Legislature, 1999, which authorizes the commissioner of education to adopt rules related to extracurricular activities under Texas Education Code, §33.081, and approve or disapprove University Interscholastic League rules and procedures under Texas Education Code, §33.083.

The repeal implements Texas Education Code, §7.102(c)(27), as amended by House Bill 3573, 76th Texas Legislature, 1999.

§76.1.Extracurricular Activities.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 22, 2000.

TRD-200003554

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: July 2, 2000

For further information, please call: (512) 463-9701


Chapter 129. STUDENT ATTENDANCE

Subchapter B. STUDENT ATTENDANCE ACCOUNTING

19 TAC §129.21

The Texas Education Agency (TEA) proposes an amendment to §129.21 concerning student attendance accounting. The section establishes requirements for purposes of receiving funds under the Foundation School Program. The proposed amendment to §129.21 would add language to require adoption of a policy concerning parental notification concerning student departures from campus during the school day and communication of those policies to parents.

Texas Education Code (TEC), §42.004, authorizes the commissioner of education, in accordance with the rules of the State Board of Education, to take such action and require such reports consistent with TEC, Chapter 42, as may be necessary to implement and administer the Foundation School Program.

Joe Wisnoski, Coordinator for School Finance and Fiscal Analysis, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering this section.

Mr. Wisnoski and Criss Cloudt, Associate Commissioner for Policy Planning and Research, have determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the adoption of explicit policies regarding parental notification requirements for student absences from campus, along with the publication of those policies, will enhance responsive communications between school administrators and parents while maintaining local flexibility and control. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Research, 1701 North Congress Avenue, Austin, Texas, 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tmail.tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed sections submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register .

The amendments are proposed under the Texas Education Code, §42.004, which authorizes the commissioner of education, in accordance with the rules of the State Board of Education, to take such action and require such reports consistent with TEC, Chapter 42, as may be necessary to implement and administer the Foundation School Program.

The amendments implement the Texas Education Code, §42.004.

§129.21.Requirements for Student Attendance Accounting for State Funding Purposes.

(a)-(c)

(No change.)

(d)

Districts shall maintain records and make reports concerning student attendance and participation in special programs as required by the commissioner of education. Before a district or charter school may count a student in attendance under this section or in attendance when the student was allowed to leave campus during any part of the school day, the district or charter shall adopt a policy addressing parental consent for a student to leave campus and distribute the policy to staff and to all parents of students in the district or charter school.

(e)-(m)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 18, 2000.

TRD-200003451

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: July 2, 2000

For further information, please call: (512) 463-9701