Part 2.
TEXAS EDUCATION AGENCY
Chapter 74.
CURRICULUM REQUIREMENTS
Subchapter E. GRADUATION REQUIREMENTS, BEGINNING WITH SCHOOL YEAR 2004 - 2005
19 TAC §74.53, §74.54
The State Board of Education (SBOE) proposes amendments to §74.53
and §74.54, concerning curriculum requirements. The sections outline
graduation plans for Texas high school students. The proposed amendments would
add an option that would allow Geology, Meteorology, and Oceanography (GMO)
or Advanced Placement (AP) Environmental Science to count toward the required
science credit in the recommended high school program (RHSP) and the distinguished
achievement program (DAP).
Since May 2002, the SBOE has discussed the curriculum requirements in 19
TAC Chapter 74, including issues related to incorporating earth science courses
as graduation requirements and study plans and timelines from the SBOE Earth
Science Task Force. At the September 2003 meeting of the Committee on Instruction,
the SBOE Earth Science Task Force submitted a report with recommendations
for strengthening earth science curriculum in Texas schools. The proposed
amendments reflect the first recommendation proposed by the task force.
19 TAC Chapter 74, Subchapter E, was last adopted by the SBOE in November
2003 to be effective December 7, 2003, for implementation in the 2004-2005
school year. At the November 2003 meeting of the Committee on Instruction,
the SBOE Earth Science Task Force presented its calendar of recommendations
and a suggested implementation timeline. The proposed amendments to §74.53
and §74.54 would allow students who successfully complete a biology course
and Integrated Physics and Chemistry (IPC) to take GMO or AP Environmental
Science to satisfy the third required science course in the RHSP and the DAP.
The proposed amendments would be implemented beginning September 2005 to allow
districts to make plans and notify students and parents about new high school
graduation requirements in advance of implementation.
Susan Barnes, associate commissioner for standards and programs, has determined
that for the first five-year period the amendments are in effect there will
be no direct fiscal implications for state or local government as a result
of enforcing or administering the sections. The rules would be optional for
districts to allow students to take a wider range of science courses to fulfill
graduation requirements. If districts do choose to allow students to take
either the GMO or AP Environmental Science course, these districts may have
additional costs associated with purchase of laboratory and field equipment
for the AP Environmental Science course, with an approximate cost of $500-$1,000
per class. Costs may also be incurred for course materials used to teach the
Texas Essential Knowledge and Skills for the GMO course. Districts may have
costs associated with revision of course catalogs and graduation plans to
reflect changes.
If AP Environmental Science is approved by the SBOE for state graduation
credit on the RHSP and DAP, an increased number of students may enroll in
this course and consequently this raises the potential that more students
may take AP examinations, more students may meet the criterion score for an
AP exam, and the number of campuses qualifying for campus awards will increase
and receive benefit through the Texas Advanced Placement/International Baccalaureate
Incentive Program.
Dr. Barnes 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 amendments will be that students would have additional curricular choices
as they complete their public school education. There will be no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the amendments.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. 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
The amendments are proposed under the Texas Education Code, §7.102(c)(4),
which authorizes the SBOE to establish curriculum and graduation requirements;
and §28.025(a), which authorizes the SBOE to determine by rule 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),
28.002 and 28.025(a).
§74.53.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
subparagraph
(A) or (B) of this paragraph.
[
(A)
After successful completion
of a biology course, a student may select two credits from the following areas.
Not more than one credit may be chosen from each of the areas to satisfy this
requirement.
(i)
Integrated Physics and Chemistry (IPC);
(ii)
Chemistry, AP Chemistry, or IB Chemistry; and
(iii)
Physics, Principles of Technology I, AP Physics,
or IB Physics.
(B)
Beginning in September 2005,
after successful completion of a biology course and IPC, a student may select
the third required credit from either Geology, Meteorology, and Oceanography
(GMO) or AP Environmental Science.
[
[
[
(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, or state-approved technology applications innovative courses;
(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;
(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; or
(D)
the completion of three credits (for students participating
in a coherent sequence of career and technology courses or who are enrolled
in a Tech Prep high school plan of study) consisting of two or more state-approved
career and technology courses in Chapters 119-125 and 127 of this title. Districts
shall ensure that career and technology courses, including innovative courses,
in a coherent sequence used to meet the technology applications credit are
appropriate to collectively teach the knowledge and skills found in any of
the approved courses listed in subparagraphs (A), (B), and (C) of this paragraph.
Students pursuing the technology applications option described in this subparagraph
must demonstrate proficiency in technology applications prior to the beginning
of Grade 11 through credit by examination as described in §74.24 of this
title (relating to Credit by Examination).
(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 §74.51(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.
§74.54.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
subparagraph
(A) or (B) of this paragraph.
[
(A)
After successful completion
of a biology course, a student may select two credits from the following areas.
Not more than one credit may be chosen from each of the areas to satisfy this
requirement.
(i)
Integrated Physics and Chemistry (IPC);
(ii)
Chemistry, AP Chemistry, or IB Chemistry; and
(iii)
Physics, Principles of Technology I, AP Physics,
or IB Physics.
(B)
Beginning in September 2005,
after successful completion of a biology course and IPC, a student may select
the third required credit from either Geology, Meteorology, and Oceanography
(GMO) or AP Environmental Science.
[
[
[
(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, or state-approved technology applications innovative courses;
(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;
(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; or
(D)
the completion of three credits (for students participating
in a coherent sequence of career and technology courses or who are enrolled
in a Tech Prep high school plan of study) consisting of two or more state-approved
career and technology courses in Chapters 119-125 and 127 of this title. Districts
shall ensure that career and technology courses, including innovative courses,
in a coherent sequence used to meet the technology applications credit are
appropriate to collectively teach the knowledge and skills found in any of
the approved courses listed in subparagraphs (A), (B), and (C) of this paragraph.
Students pursuing the technology applications option described in this subparagraph
must demonstrate proficiency in technology applications prior to the beginning
of Grade 11 through credit by examination as described in §74.24 of this
title (relating to Credit by Examination).
(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 §74.51(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 and tech-prep articulated college
courses with a grade of 3.0 or higher.
(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 March 15, 2004.
TRD-200401902
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: April 25, 2004
For further information, please call: (512) 475-1497
Subchapter C. GENERAL EDUCATIONAL DEVELOPMENT
19 TAC §89.47
The State Board of Education (SBOE) proposes an amendment
to §89.47, concerning general educational development (GED). The section
establishes provisions relating to the issuance of a GED certificate and a
copy of test scores. This proposed amendment replaces an earlier version that
was filed as proposed in the December 5, 2003, issue of the
Texas Register
(28 TexReg 10865), which has been withdrawn. The notice
of withdrawal can be found in the Withdrawn Rules section in this issue.
Like the earlier version, this proposed amendment would update the current
rule to reflect an increase in the non-refundable fee assessed for issuance
of a certificate and a copy of test scores. The amount of the fee increase
proposed in this amendment is higher than the amount proposed in the withdrawn
version.
The Texas Education Agency incurs expenditures related to the issuance
of GED certificates. The administrative costs are supported solely by fees
collected as required in statute. GED revenues (generated by fees) for fiscal
year 2003 fell significantly short of the current projected budget. Projected
revenues were not met due to rising administrative costs and a steady decrease
of test takers in recent years.
At the November 2003 meeting, the SBOE approved a proposed amendment for
a fee increase from $10.00 to $12.50 beginning in fiscal year 2004 to provide
additional revenues needed to be self-supporting as mandated by Texas Education
Code, §7.111. This original amendment would have provided additional
revenues; however, after further budget analysis and review, an increase from
$10.00 to $15.00 is necessary to address the budget deficit and provide the
support necessary to administer the GED program without imposing an extraordinary
economic burden on the test takers and state of Texas. At its February 2004
meeting, the SBOE approved the withdrawal of the previous amendment and authorized
the filing of the new proposed amendment to provide the public an opportunity
to comment on the fee increase prior to the SBOE taking final action. No public
comments were received regarding the proposal to increase the fee to $12.50
which is being withdrawn.
Susan Barnes, associate commissioner for standards and programs, has determined
that for the first five- year period the amendment is in effect there will
be fiscal implications for state or local government as a result of enforcing
or administering the section. An increase for the Texas Education Agency in
the amount of $31,250 is expected for fiscal year 2004 and $125,000 each year
for fiscal years 2005-2008. The projected increase in revenue will result
from the $5.00 increase in the non-refundable fee assessed for issuance of
a certificate and a copy of the test scores. This estimate assumes an average
of 25,000 first-time test takers annually with implementation beginning late
in fiscal year 2004.
Dr. Barnes has determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of enforcing
the amendment would be the provision for the GED program to continue to be
self supporting as required in statute. Students would continue to have another
opportunity to earn a Texas high school credential with a minimal fee increase.
There will not be an effect on small businesses. There is anticipated economic
cost to persons who are required to comply with the amendment. Applicants
who take the GED test currently pay a fee of $10.00. This amendment would
increase the one time non-refundable fee to $15.00. Only first-time test takers
would be affected. Data from the University of Texas Scoring Center suggests
that approximately 76% of total testing volume are first-time test takers.
First-time test takers would incur an additional $5.00 to obtain the certificate
and a copy of the test scores. This estimate assumes an average of 25,000
first-time test takers annually with implementation beginning late in fiscal
year 2004. The proposed fee increase to $15.00 would still reflect one of
the lowest fees for issuance of a GED certificate and scores in the nation.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. All requests for
a public hearing on the proposed amendment 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
The amendment is proposed under the Texas Education Code, §7.111,
which authorizes the State Board of Education by rule to establish and require
payment of a fee as a condition of the issuance of a high school equivalency
certificate and a copy of the scores of the examinations. The statute further
states that the fee must be reasonable and designed to cover the administrative
costs of issuing the certificate and a copy of the scores.
The amendment implements the Texas Education Code, §7.111.
§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
$15.00
[
(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)
The certificate of high school equivalency shall indicate
the version of the test taken by the applicant: audiotape, large print, Braille,
English, French, or Spanish.
(e)
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)
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)
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)
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 March 11, 2004.
TRD-200401830
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: April 25, 2004
For further information, please call: (512) 475-1497
Subchapter A. OPEN-ENROLLMENT CHARTER SCHOOLS
19 TAC §100.1, §100.105
The State Board of Education (SBOE) proposes amendments to §100.1
and §100.105, concerning open-enrollment charter schools. Section 100.1
establishes the application and selection procedures and criteria for open-enrollment
charter schools. Section 100.105 establishes the applicability of existing
rule and statute to public senior college or university charters. The proposed
amendments would create application and selection procedures that are unique
to charters granted under Texas Education Code (TEC), Chapter 12, Subchapter
E.
Senate Bill 1, 74th Texas Legislature, 1995, granted the SBOE the authority
to establish up to 20 open- enrollment charter schools to eligible entities.
In 1997, the 75th Texas Legislature granted the SBOE the authority to approve
100 additional open-enrollment charters and an unlimited number of open-enrollment
charters to serve students at risk of dropping out of school. House Bill (HB)
6, 77th Texas Legislature, 2001, called for the combination of these two types
of charters into one open-enrollment category and limited the number of charters
to 215. In addition, HB 6 granted the SBOE the authority to approve an unlimited
number of charters to public senior colleges or universities. As of February
2004, the SBOE has approved 232 charters, 200 of which are active.
The proposed amendments would create application and selection procedures
that are unique to charters granted under TEC, Chapter 12, Subchapter E. Statutory
authority is given in TEC, §12.110 and §12.152. Section 101.1 would
be amended in subsection (b) to update the process for returning applications
that do not contain all required information and documentation. Section 101.105
would be amended by adding new language to provide more specificity regarding
the applicability of provisions in 19 TAC Chapter 100, Subchapter A, to a
public senior college or university charter school.
Susan Barnes, associate commissioner for standards and programs, has determined
that for the first five- year period the amendments are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendments.
Dr. Barnes 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 sections will be the clarification of the governance of public senior
college or university charters. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the sections.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. 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
The amendments are proposed under the Texas Education Code (TEC), §12.101,
which authorizes the SBOE to grant a charter on the application of an eligible
entity for an open-enrollment charter school and TEC, §12.152, which
authorizes the SBOE to grant a charter on the application of a public senior
college or university for an open-enrollment charter school.
The amendments implement the Texas Education Code, §12.101 and §12.152.
§100.1.Application and Selection Procedures and Criteria.
(a)
Prior to each selection cycle, the State Board of Education
(SBOE) shall adopt an application form for submission by applicants seeking
a charter to operate an open-enrollment charter school. The application form
shall address the content requirements specified in Texas Education Code (TEC), §12.111,
and contain the following:
(1)
the timeline for selection;
(2)
required applicant conferences and training prerequisites;
(3)
scoring criteria and procedures for use by the review panel
appointed under subsection (d) of this section;
(4)
selection criteria, including the minimum score necessary
for an application to be eligible for selection; and
(5)
the earliest date an open-enrollment charter school selected
in the cycle may open.
(b)
The Texas Education Agency (TEA) shall review applications
submitted under this section. If an application does not contain all required
information and documentation, the TEA shall return the application without
further processing. Further, the TEA shall return the application without
further processing if it finds substantive deviations from state and federal
requirements affecting the operation of open-enrollment charter schools or
the applicant's eligibility to be granted a charter. The TEA shall establish
procedures and schedules to be approved by the SBOE for returning applications
without further processing under this subsection [
(c)
Upon written notice to the TEA, an applicant may withdraw
an application.
(d)
Eligible applications shall be reviewed and scored by an
appointed review panel. Two-thirds of the panel members shall be appointed
by the SBOE. One-third of the panel members shall be appointed by the commissioner
of education. The panel shall review and score applications in accordance
with the procedures and criteria established in the application form. Review
panel members shall not discuss applications with or accept meals, entertainment,
gifts, or gratuities in any form from any person or organization with an interest
in the results of the selection process for open-enrollment charters. Members
of the review panel shall disclose to the TEA immediately upon discovery any
past or present relationship with an open-enrollment charter applicant, including
any current or prospective employee, agent, officer, or director of the sponsoring
entity, an affiliated entity, or other party with an interest in the selection
of the application.
(e)
Applications that are not scored at or above the minimum
score established in the application form are not eligible for SBOE selection
during that cycle. The SBOE may at its sole discretion decline to grant an
open-enrollment charter to an applicant whose application was scored at or
above the minimum score. No recommendation, ranking, or other type of endorsement
by a member or members of the review panel is binding on the SBOE, except
as provided in this section.
(f)
The SBOE or its designee(s) shall interview applicants
whose applications received the minimum score established in the application
form. The SBOE may specify individuals required to attend the interview and
may require the submission of additional information and documentation prior
or subsequent to an interview.
(g)
The SBOE may consider criteria that include, but are not
limited to, the following when determining whether to grant an open-enrollment
charter:
(1)
indications that the charter school will improve student
performance;
(2)
innovation evident in the program(s) proposed for the charter
school;
(3)
impact statements from any school district whose enrollment
is likely to be affected by the proposed charter school, including information
relating to any financial difficulty that a loss in enrollment may have on
a district;
(4)
evidence of parental and community support for the proposed
charter school;
(5)
the qualifications, backgrounds, and histories of individuals
and entities who will be involved in the management and educational leadership
of the proposed charter school;
(6)
the history of the sponsoring entity of the proposed charter
school, as defined in the application form;
(7)
indications that the governance structure proposed for
the charter school is conducive to sound fiscal and administrative practices;
and
(8)
indications that the proposed charter school would expand
the variety of charter schools in operation with respect to the following:
(A)
representation in urban, suburban, and rural communities;
(B)
instructional settings;
(C)
types of eligible entities;
(D)
types of innovative programs;
(E)
student populations and programs; and
(F)
geographic regions.
(h)
An applicant for an open-enrollment charter shall not communicate
with a member of an external application review panel appointed by the SBOE
concerning a charter school application beginning on the date the panel member
is notified of appointment to serve on a specific review cycle and ending
when the SBOE takes final action awarding charters under that application.
On finding a material violation of the no-contact period, the SBOE shall reject
the application or applications affected.
(i)
The SBOE may consider minimum enrollment criteria.
(1)
Each application for an open-enrollment charter shall state
a minimum student enrollment of no fewer than 50 students. The SBOE may grant
a lower minimum student enrollment only on majority recommendation of members
voting from the committee with jurisdiction over charters.
(2)
The SBOE may grant a lower minimum student enrollment in
accordance with paragraph (1) of this subsection upon finding that either
the nature of the charter warrants a minimum enrollment lower than 50 students.
(j)
The SBOE may grant an open-enrollment charter subject to
additional conditions not contained in the application and may require fulfillment
of such conditions before the charter school is permitted to operate.
(k)
An open-enrollment charter shall be in the form and substance
of a written contract signed by the chair of the SBOE and the chief operating
officer of the school, but is not a contract for goods or services within
the meaning of Texas Government Code, Chapter 2260. The chief operating officer
of the school shall mean the chief executive officer of the open enrollment
charter holder under TEC, §12.101.
§100.105.Application to Public Senior College or University Charters.
The following provisions
[
(1)
Section 100.1(a) of this title
(relating to Application and Selection Procedures and Criteria) applies, except
that the State Board of Education (SBOE) may adopt a separate application
form for applicants seeking a charter to operate a public senior college or
university charter school, which need not be similar to the application form
adopted under that subsection for other charter applicants. The SBOE may adopt
or amend this separate application form without regard to the selection cycle
referenced in that subsection.
(2)
Section 100.1(c), (g)(1)-(4),
(g)(8), (j), and (k) apply.
(3)
Except as provided in this
section, this subchapter does not apply to a public senior college or university
charter school.
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 March 11, 2004.
TRD-200401831
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: April 25, 2004
For further information, please call: (512) 475-1497
Subchapter B. DEVELOPMENT AND ADMINISTRATION OF TESTS
19 TAC §101.33
The State Board of Education (SBOE) proposes an amendment
to §101.33, concerning student assessment. Section 101.33 addresses the
release of tests. The proposed amendment would revise the schedule for release
of tests.
During its meeting on February 27, 2004, the SBOE directed the commissioner
of education to make appropriate posting with the Secretary of State's Texas
Register Division so that action to adopt the rule amendment can take place
at the May 7, 2004, SBOE meeting.
Texas Education Code (TEC), §39.023(e), authorizes the SBOE to adopt
rules relating to the release of statewide assessments and answer keys after
the last time the instruments are administered for a school year. In September
2003, the SBOE adopted an amendment to 19 TAC §101.33 to comply with
requirements set forth in House Bill 3459, 78th Texas Legislature, 2003, requiring
the release of test items to be reduced to every other year. Subsequent to
adoption of that schedule, concerns were expressed by a number of educators
that, based on this schedule, some students may never see the actual tests
that they have taken. Texas Education Agency staff from the Student Assessment
Division discussed alternative schedules with a number of educators including
representatives from the Harlingen, Pasadena, Fort Bend, Tyler, Garland, Fort
Worth, Granbury, Temple, Austin, Abilene, Amarillo, Ysleta, Northside, and
San Antonio school districts. Although all of the educators expressed their
preference that all tests be released every year, a proposed revision to the
schedule was developed for release that seems to represent the best compromise
given the requirements of statute.
This revised schedule calls for the release of all tests for the Texas
Assessment of Knowledge and Skills (TAKS), the State-Developed Alternative
Assessment (SDAA), and the Reading Proficiency Tests in English (RPTE) in
school year 2003-2004 and every even-numbered year after that time. One advantage
to this schedule would be that it allows for another complete set of released
TAKS tests to be viewed and used for appropriate educational purposes. It
should be noted that this proposed schedule does not include the release of
TAKS tests for the 2004-2005 school year, which is the first year that fifth-grade
students will be held to the advancement requirements of the Student Success
Initiative in reading and mathematics. Representative released tests would
still be available for students and parents to view.
Susan Barnes, associate commissioner for standards and programs, has determined
that for the first five-year period the amendment is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Dr. Barnes has determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of enforcing
the section will be the reduction of the perception of unfairness that some
students, throughout their education, would not have available to them copies
of the actual statewide tests they took. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the section.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. All requests for
a public hearing on the proposed amendment 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
The amendment is proposed under the Texas Education Code, Chapter
39, Subchapter B, which authorizes the State Board of Education to adopt rules
to create and implement a statewide assessment program.
The amendment implements the Texas Education Code, Chapter 39, Subchapter
B.
§101.33.Release of Tests.
Beginning in
2004 with
the 2003-2004 school year
and
subsequent even- numbered years
, the Texas Education Agency [
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 March 15, 2004.
TRD-200401903
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: April 25, 2004
For further information, please call: (512) 475-1497
Subchapter A. DEFINITIONS
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.]
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.]
Chapter 89.
ADAPTATIONS FOR SPECIAL POPULATIONS
$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.
Chapter 100.
CHARTERS
, including a process
for review by the SBOE committee responsible for charter schools
]. Failure
of the TEA to identify any deficiency or substantive deviation, or notify
an applicant thereof, does not constitute a waiver of the requirement and
does not bind the SBOE.
Except as expressly provided
in the rules in this subchapter, or where required by Texas Education Code
(TEC), Chapter 12, Subchapter E (College or University Charter School), a
provision
] of the rules in this subchapter
apply as indicated in
this section
[
applies
] to a public senior college or university
charter school as though the public senior college or university charter school
were granted a charter under
Texas Education Code (TEC),
[
TEC,
] Chapter 12, Subchapter D (Open-Enrollment Charter School).
Chapter 101.
ASSESSMENT
(TEA)
] shall release all test items and answer keys
for the Texas Assessment
of Knowledge and Skills (TAKS), the State-Developed Alternative Assessment
(SDAA), and the Reading Proficiency Tests in English (RPTE).
[
every other year, as required under the Texas Education Code (TEC), Chapter
39, Subchapter B. In 2004 and subsequent even-numbered years, the TEA shall
release all test items and answer keys for the Texas Assessment of Knowledge
and Skills (TAKS) tests at Grades 3, 5, 7, 9, and 11 as well as all tests
for the State-Developed Alternative Assessment (SDAA). In 2005 and subsequent
odd-numbered years, the TEA shall release all test items and answer keys for
TAKS tests at Grades 4, 6, 8, and 10 as well as all tests for the Reading
Proficiency Tests in English (RPTE).
] After a period of five years,
each test item that has been field-tested but not used on a test will be released.
Chapter 105.
FOUNDATION SCHOOL PROGRAM