TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 74. CURRICULUM REQUIREMENTS

Subchapter C. OTHER PROVISIONS

19 TAC §74.32

The Texas Education Agency (TEA) proposes new §74.32, concerning physical activity programs. The proposed new section specifies provisions relating to physical activity programs for elementary school students pursuant to the Texas Education Code (TEC), §28.002, as amended by Senate Bill (SB) 19, 77th Texas Legislature, 2001.

SB 19 addresses children's health through possible daily physical activity in public schools and a coordinated school health approach to preventing obesity, cardiovascular disease, and Type II diabetes in elementary school students. The legislation was in response to the escalating problem of obesity, cardiovascular heart disease, and Type II diabetes among young people. SB 19 authorizes, but does not require, the SBOE to adopt rules requiring students in kindergarten-Grade 6, in an elementary setting, to participate in daily physical activity. The bill specifies that the SBOE may not require more than 30 minutes of daily physical activity as part of a school's physical education program or through structured activity during a school's daily recess.

The SBOE completed adoption of the Texas Essential Knowledge and Skills (TEKS) in all subject areas in July 1997, including the enrichment areas of health education and physical education. According to the TEC, districts shall use the essential knowledge and skills identified by the board as guidelines in providing instruction in the enrichment curriculum. Proposed new §74.32 includes emphasis on physical education TEKS-based instruction and requires a student enrolled in kindergarten or Grades 1-6 in an elementary school setting to participate in physical activity for a minimum of either 30 minutes daily or 135 minutes weekly.

Ann Smisko, associate commissioner for curriculum, assessment, and technology, has determined that for the first five-year period the new section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Ms. Smisko has 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 new section will include a possible reduction in risk for diseases closely related to physical inactivity and poor dietary patterns. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section.

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

The new section is proposed under the Texas Education Code (TEC), §28.002(l), which authorizes the State Board of Education, after consulting with educators, parents, and medical professionals, to require by rule that a student enrolled in kindergarten or a grade level below grade seven in an elementary school setting participate in daily physical activity as part of a school district's physical education curriculum or through structured activity during a school campus's daily recess.

The new section implements the Texas Education Code, §28.002(l).

§74.32.Physical Activity Programs for Elementary School Students.

In accordance with Texas Education Code, §28.002, a student enrolled in kindergarten or Grades 1-6 in an elementary school setting is required to participate in physical activity for a minimum of either 30 minutes daily or 135 minutes weekly under the following conditions:

(1) participation must be in a Texas Essential Knowledge and Skills (TEKS)-based physical education class or a TEKS-based structured activity; and

(2) each school district shall establish procedures for providing the required physical activity that include the health-related education needs of the student and the recommendations of the local health advisory council.

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 January 18, 2002.

TRD-200200295

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Earliest possible date of adoption: March 10, 2002

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

Chapter 89. ADAPTATIONS FOR SPECIAL POPULATIONS

Subchapter C. GENERAL EDUCATIONAL DEVELOPMENT

19 TAC §§89.43 - 89.47

The Texas Education Agency (TEA) proposes amendments to §§89.43-89.47, concerning the general educational development (GED) tests. The sections specify provisions relating to eligibility of applicants, identification and retesting of examinees, provisions for examinees with disabilities, and issuance of certificates. The proposed amendments provide updates to reflect a change in the GED tests passing standard score as well as the provisions for retesting which also require amending as a result of the new test series. Additional amendments and technical edits are also proposed.

The most significant issue pertaining to these proposed amendments relates to the new minimum test scores and provisions for retesting that were established by the American Council on Education's General Educational Development Testing Service (GEDTS) for the 2002 series GED tests. The American Council on Education's Commission unanimously approved a GED Advisory Committee's recommendation that, effective January 1, 2002, the GED tests passing standard score be not less than 410 on each of the five tests, with an average of 450 on the five tests in the battery. Currently, §89.43(a)(4) delineates the specific minimum test scores an applicant must achieve based on the time the test was administered. The amendment proposed for §89.43(a)(4) would remove specific minimum test scores for specific time periods and, instead, require applicants to achieve the appropriate minimum standard scores in effect at the time the applicant tested, as established by the American Council on Education's GEDTS. The amendment proposed for §89.45 incorporates provisions for retesting established by the American Council on Education's GEDTS.

Another revision reflects changes in applicant eligibility. Beginning January 2002, certain districts and charter schools will have approval to operate High School Equivalency Program (HSEP) programs. An applicant's eligibility for a Texas certificate of high school equivalency is affected by his/her enrollment in an HSEP. TEC, §7.111(a)(2) and (3), permits a person who is 16 years of age or older to take the high school equivalency examination if the person is required to take the examination under a justice or municipal court order issued under the Code of Criminal Procedure, Article 45.054(a)(1)(C) (formerly codified as Family Code, §54.021(d)(1)(B)), or is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. §§2801 et seq.) and its subsequent amendments. The amendment proposed to §89.43(a)(2)-(3) would reflect an applicant's eligibility for a Texas certificate of high school equivalency based on the applicant's participation in an approved HSEP, Job Corps training program, or requirement to take the examination under a justice or municipal court order.

Additional proposed amendments include: a change to §89.44 that would no longer permit an examinee to present a notarized statement as proof of identification in accordance with GEDTS guidelines; a change to §89.46 to clarify that, while alternate forms of the tests are available for visually handicapped applicants, these forms are available from the GEDTS rather than TEA; and a change to §89.47 that would allow TEA to charge a nominal processing fee for the issuance of duplicate GED certificates.

Robert Muller, associate commissioner for continuing education and school improvement, has determined that for the first five-year period the amendments are in effect there will be fiscal implications for state government as a result of enforcing or administering the amendments. The TEA incurs expenditures related to the issuance of duplicate certificates of high school equivalency. The proposed amendment to §89.47 would allow the TEA to charge a nominal processing fee of $5 for the issuance of duplicate GED certificates. The average number of duplicate certificates produced annually over the last three years is 52,979. Assuming this figure remains stable, the revenue would equal $264,895 per year beginning with FY 2003. The revenue for FY 2002 would approximate $87,415 since the fee would be effective for only a portion of FY 2002.

Mr. Muller has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendment will be alignment of rules with the national passing standard score and other changes that have been made at the state and national level. There will not be an effect on small businesses. There is anticipated economic cost to persons who are required to comply with the proposed amendments. Persons who take the high school equivalency examination and request the issuance of a duplicate certificate will be required to submit a $5 fee to the TEA.

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

The amendments are proposed under the Texas Education Code (TEC), §7.111, which authorizes the State Board of Education to adopt rules to provide for the administration of high school equivalency examinations and to establish and require payment of a fee as a condition to the issuance of a high school equivalency certificate and a copy of the scores of the examinations.

The amendment implements the Texas Education Code, §7.111.

§89.43.Eligibility for a Texas Certificate of High School Equivalency.

(a) An applicant for a certificate of high school equivalency shall meet the following requirements.

(1) Residence. The applicant must be a resident of Texas or a member of the United States armed forces stationed at a Texas installation.

(2) Age. The applicant must be 18 years old. An applicant who is 17 years of age is eligible with parental or guardian consent. An applicant who is 17 years of age must present written permission signed by the applicant's parent or guardian. An applicant who is 17 years of age and married, who has entered military service, who has been declared an adult by the court, or who has otherwise legally severed the child/parent relationship is not required to present parent or guardian permission to be tested. An [ Any ] applicant who is at least 16 years of age may test if recommended by a public agency having supervision or custody under a court order. Recommendations must include the applicant's name and date of birth and must be signed by an official of the public agency having supervision or custody of the person under a court order. An applicant who is at least 16 years old may also test if required to take the examination under a justice or municipal court order issued under the Code of Criminal Procedure, Article 45.054(a)(1)(C) (formerly codified as Family Code, §54.021(d)(1)(B)), or if enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 United States Code, §§2801 et seq.) and its subsequent amendments.

(3) Educational status. The applicant must not [ be enrolled in school and must not ] have received a high school diploma from an accredited high school in the United States. The applicant must not be enrolled in school, unless the applicant is enrolled in a High School Equivalency Program (HSEP) approved by the Texas Education Agency (TEA). A student who is 17 years of age is eligible to test if the student is enrolled in an HSEP [ has participated in an in-school program ] approved by the TEA. [ Texas Education Agency (TEA) to prepare for the General Educational Development (GED) Test. ] The student must comply with the provisions of the HSEP.

(4) Minimum test scores. An applicant must achieve the appropriate minimum standard scores in effect at the time the applicant tested as established by the American Council on Education's General Educational Development Testing Service.

[(4) Minimum test scores. An applicant must achieve a standard score of 40 or above on each of the five parts of the test and achieve an average standard score of 45 on all five parts of the test. An applicant who achieved scores of 35 on each of the five tests prior to January 1, 1959, or who achieved 40 or above on each test or a 45 average on all five tests prior to January 1, 1997, may be issued a certificate.]

(b) Test centers shall verify that any person being tested meets the eligibility requirements in this section.

§89.44.Identification.

Test centers shall require each examinee to present a driver's license or Texas Department of Public Safety (DPS) identification card, or a government issued identification card (both national and foreign), provided that the identification includes date of birth, photograph, address, and signature. The examinee must also meet the age, residency, and other requirements of this chapter. [ a notarized statement bearing the examinee's name, date of birth, recent photograph, and signature. ]

§89.45.Retesting.

An examinee who fails to achieve a minimum passing score on one or more of the tests may retest on the tests he or she failed , except for instances in which the American Council on Education establishes that scores may not be combined across a General Educational Development test series, in which case the examinee must successfully complete the full battery of tests in a series . A person desiring to retest must wait six months to do so unless he or she presents a letter from an adult preparation program or a certified teacher verifying that the individual is prepared to retest. Each retest must be on a different form of the test.

§89.46.Examinees with Disabilities.

(a) A physically disabled person who is unable to mark an answer sheet may be assisted by the chief examiner or proctor. The examinee must read the questions without assistance and indicate the answer for the proctor to mark.

(b) A severely handicapped or ill person who cannot travel to the test center may be administered the tests at home. Prior approval to transport the tests shall be requested of the Texas Education Agency (TEA) by the chief examiner.

(c) An applicant who is unable to take the printed form of the test may be administered a taped version of the test upon written authorization of TEA. A request by the chief examiner must be accompanied by certification by a physician that verifies a medical diagnosis of the disability that renders the potential examinee unable to take the printed form of the test.

(d) An applicant who is visually handicapped may take the test in a Braille [ braille ], large print, or taped version. Versions of the test in these forms are available from the General Educational Development Testing Service. [ TEA. ]

§89.47.Issuance of the Certificate.

(a) Test scores shall be accepted as official only when reported directly by official testing centers, the Defense Activity for Nontraditional Education Support, directors of Veterans Administration hospitals, and, in special cases, by the General Educational Development (GED) Testing Service.

(b) Following review for eligibility and approval, certificates will be issued directly to clients. A nonrefundable fee of $10 will be assessed for issuance of a certificate and a copy of test scores. A permanent file shall be maintained for all certificates issued.

(c) Duplicate certificates will be issued upon written request from the client. The client is required to pay a fee of $5 for each request for a duplicate certificate.

(d) [ (c) ] The certificate of high school equivalency shall indicate the version of the test taken by the applicant: audiotape, large print, Braille [ braille ], English, French, or Spanish.

(e) [ (d) ] The state GED administrator may disapprove issuance of a certificate or may cancel a certificate under the following conditions:

(1) an applicant does not meet eligibility requirements under §89.43 of this title (relating to Eligibility for a Texas Certificate of High School Equivalency);

(2) the applicant in any way violates security of the restricted test material;

(3) the applicant presents fraudulent identification or is not who he or she purports to be;

(4) the applicant uses another person's certificate or test scores in an attempt to defraud; or

(5) the applicant willingly allows another person to use his or her certificate or test scores in an attempt to defraud.

(f) [ (e) ] In the case of nonissuance or cancellation of a certificate, the applicant shall be notified in writing by the GED administrator that the certificate will not be issued or may be canceled.

(g) [ (f) ] An applicant who has been notified that his or her certificate will not be issued or may be canceled may appeal to the state GED administrator within 30 days of receiving written notification.

(h) [ (g) ] If, after further review, the state GED administrator does not approve issuance of the certificate or cancels a certificate, this decision may be appealed to the commissioner of education under Chapter 157 of this title (relating to Hearings and Appeals).

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 January 25, 2002.

TRD-200200482

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Earliest possible date of adoption: March 10, 2002

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