TITLE 19.EDUCATION

Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 9. PROGRAM DEVELOPMENT IN PUBLIC TWO-YEAR COLLEGES

Subchapter H. PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND PUBLIC TWO-YEAR COLLEGES

19 TAC §9.147

(Editor's note: The text of the following section proposed for repeal will not be published.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

The Texas Higher Education Coordinating Board proposes the repeal of §9.147 concerning Partnerships between Secondary Schools and Public Two-Year Colleges. Specifically this section is proposed for repeal in order that new §§9.201 - 9.206 can be considered for adoption. These proposed new sections are being published simultaneously in this issue of the Texas Register .

Ms. Lynette Heckmann, Acting Assistant Commissioner, has determined that there will not be any fiscal implications to state or local government as a result of repealing the section.

Ms. Heckmann has also determined that there is no effect on small businesses. There are no anticipated economic costs. There is no impact on local employment.

Comments on the proposal may be submitted to Lynette Heckmann, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, or by email to lynette.heckmann@THECB.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal of this section is proposed under the Texas Education Code, §61.853 and §61.858, which provide the Board with the authority to adopt rules regarding Tech-Prep consortia and §61.027 provides the Board with the authority to adopt rules to effectuate the provisions of Texas Education Code, Chapter 61.

The repeal of this section affects Texas Education Code, §§61.851 - 61.858.

§9.147.Tech-Prep Education.

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 8, 2006.

TRD-200602526

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 20, 2006

For further information, please call: (512) 427-6114


Subchapter K. TECH-PREP PROGRAMS AND CONSORTIA

19 TAC §§9.201 - 9.206

The Texas Higher Education Coordinating Board proposes new §§9.201- 9.206 concerning Tech-Prep Programs and Consortia. Specifically, §§9.201 - 9.203 establish purpose, authority and general provisions for Tech-Prep consortia; §9.204 outlines the state administration of Tech-Prep Programs and Consortia; how the state is to administer Tech-Prep; §9.205 establishes the responsibilities of the consortia; §9.206 establishes the criteria for a statewide system to evaluate each consortium biennially, the process for the evaluations, and any requisite action that results from the evaluations.

Ms. Lynette Heckmann, Acting Assistant Commissioner, has determined that for each year of the first five years the sections are in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Ms. Heckmann has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be an alignment of expectations for all 26 Tech-Prep consortia. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Lynette Heckmann, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, or by email to lynette.heckmann@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendments are proposed under the Texas Education Code, §61.853 and §61.858, which provide the Board with the authority to adopt rules regarding Tech-Prep consortia and §61.027, which provides the Board with the authority to adopt rules to effectuate the provisions of Texas Education Code, Chapter 61.

The new rules affect Texas Education Code, §§61.851 - 61.858.

§9.201.Purpose.

This subchapter provides rules for the operation and evaluation of Tech-Prep programs and consortia.

§9.202.Authority.

The Board is authorized to adopt policies, enact regulations, and establish rules for the operation and oversight of Tech-Prep programs and consortia under Texas Education Code, §§61.851- 61.858.

§9.203.General Provisions.

(a) The State Board of Education, in its capacity as the Board for Career and Technology Education, is the eligible agency responsible for implementation and evaluation of all programs funded in Texas under the Carl D. Perkins Vocational and Technical Education Act (the Act), as amended, (20 USC 2301 et seq.) until such time as the Act amends the provision defining the eligible agency.

(b) The State Board of Education, in its capacity as the eligible agency, has designated the Texas Higher Education Coordinating Board as the administering agency responsible for the operation and supervision of that section, part, or title of the Act referring to Tech-Prep Education.

(c) An entity established after January 1, 2005, may not be a Tech-Prep consortium unless the entity is established or otherwise formed after that date as a result of an action taken under §9.206(f) of this title (relating to Evaluation of Tech-Prep Programs and Consortia).

§9.204.State Administration of Tech-Prep.

(a) The Board shall annually award Tech-Prep funds to eligible consortia in accordance with the Act, as amended, the Texas Education Code (Code), and these provisions.

(b) Annual awards to eligible consortia shall be based upon a formula which shall be adopted by the Board after a public hearing.

(c) To be eligible for an award, an eligible consortium shall submit an application and all supporting documentation on an annual basis and in a manner and time frame determined by Board staff that documents and ensures the progress of local consortium activities addressing the requirements of the Act and the Code and enables the state to meet state goals, objectives, and performance criteria.

(d) Board staff shall evaluate local consortia according to the performance measures and standards outlined under §9.206 of this title (relating to Evaluation of Tech-Prep Programs and Consortia). Board staff shall provide technical assistance to consortia that do not meet evaluation standards or upon request by a consortium.

(e) Board staff shall provide oversight of all Tech-Prep activities and programs to ensure that funds provided for Tech-Prep education are expended according to provisions of the Act and the Code.

§9.205.Consortium Responsibilities.

In accordance with the requirements of the grant, each consortium shall:

(1) Create, evaluate, and maintain a long-term Strategic Continuous Improvement Plan that addresses goals, objectives, activities, and evaluation criteria supporting local, state, and federal goals and evaluation criteria;

(2) Develop and implement local programs and activities, and coordinate the expenditure of funds in accordance with guidelines determined by the Act and the Code, as well as state and local goals and objectives;

(3) Maintain the records on local activities and budgetary expenditures to support evaluation criteria and participate in a scheduled, systematic, evaluation program;

(4) Provide reports on programs, activities, activity outcomes, and budgetary expenditures in a manner and time as established by Board staff; and

(5) Ensure that every local school district and public college and university in the consortium service area will have the opportunity to develop Tech-Prep programs of study as defined by the Act and the Code.

§9.206.Evaluation of Tech-Prep Programs and Consortia.

(a) The Board shall biennially evaluate each Tech-Prep consortium to determine the success of the consortium's Tech-Prep programs and activities.

(b) The performance measures and standards by which each consortium shall be evaluated include the following:

(1) Measure 1: The secondary participation rate. Standard 1: The rate shall be at least the state average (based on data provided by the Texas Education Agency) for the previous year and shall be increasing from year-to-year.

(2) Measure 2: The postsecondary participation rate. Standard 2: The rate shall be at least the state average (based on data provided by the Texas Higher Education Coordinating Board) for the previous year and shall be increasing from year-to-year.

(3) Measure 3: The appropriate and timely expenditure of Tech-Prep funds. Standard 3: The consortium shall have spent at least 95 percent of its allocated funds during the previous year and not had any findings during the fiscal desk review process.

(4) Measure 4: Maintenance of detailed time distribution records for staff paid from multiple sources of funds. Standard 4: Time distribution records shall be completed for each consortium employee paid from multiple funds on at least a monthly basis, and be an accurate reflection of the time-on-task for consortium activities related to Tech-Prep. Monthly time sheets must be on file at the consortium office for a minimum of three years.

(5) Measure 5: Timely submission of accurate quarterly reports to the Coordinating Board. Standard 5: Quarterly reports shall be submitted by Coordinating Board due dates and include a response for each goal and objective listed in that report.

(6) Measure 6: Participation of consortia at state Tech-Prep quarterly and called meetings. Standard 6: Attendance by at least one consortium representative is required at all state Tech-Prep meetings.

(7) Measure 7: Site visits to member institutions and public schools. Standard 7: All consortium member institutions and public schools shall receive at least two site visits each grant year from consortium staff. Documentation of site visits shall be included as part of the final report for the grant year to the Coordinating Board.

(c) The Board shall provide each consortium with a written report on the results of the evaluation. A consortium shall respond to any finding of the failure to meet performance measures and standards within thirty (30) days of the receipt of the report.

(d) If a consortium fails to meet two or more of the performance measures and standards established in this provision, Board staff shall conduct a technical site visit. As part of the technical site visit, the consortium shall provide to Board staff any additional documentation needed for a review of the following activities:

(1) Increasing secondary and/or postsecondary participation rates;

(2) Past and present marketing efforts to increase participation rates;

(3) Opportunities for professional development for teachers, counselors, and administrators;

(4) Career exploration activities for students;

(5) Current articulation agreements between and among public schools and institutions;

(6) Current Strategic Continuous Improvement Plan as described in §9.205(1) of this title (relating to Consortium Responsibilities);

(7) Use of funds;

(8) Support and opportunities for participation by member institutions and public schools; and

(9) Operation of the consortium within all the bylaws of the organization. Compliance with all by-laws shall by certified by the consortium governing board chair as part of the annual application to the Coordinating Board.

(e) Within thirty (30) days of the technical site visit, Board staff shall provide a final evaluation of the consortium's programs and activities. If a consortium fails to meet the standards set out in subsection (b) of this section, Board staff shall provide assistance to the consortium governing board in developing a revised Strategic Continuous Improvement Plan. The revised Plan shall set requirements with reasonable deadlines for the purpose of assisting the consortium in meeting required performance measures and standards established in this provision.

(f) Board staff shall monitor the consortium's performance of the revised Plan for six (6) months. If the consortium fails to comply with the requirements of the revised Plan, the Commissioner may determine that a consortium shall be reorganized, consolidated, or abolished as follows:

(1) If the consortium fails to improve its performance relating to participation rates, the Commissioner may require the consortium to reorganize or require the consolidation of the consortium with an existing, high-performing consortium.

(2) If the consortium fails to improve its performance for appropriate and timely expenditure of Tech-Prep funds and maintenance of accurate time distribution records, the Commissioner may require the consortium to be abolished and a new consortium, or consortia, be established to serve the area.

(3) If the consortium fails to improve its performance for operation within the organization's established bylaws, the Commissioner may require the consortium to be abolished and a new consortium, or consortia, be established to serve the area.

(g) Not later than October 1 of each even-numbered year, the Board shall report to each Tech-Prep consortium the results of all evaluations and follow-up actions during the previous two years. The report shall include the following:

(1) Any failure of the consortium to meet the performance measures and standards established in this provision;

(2) The activities and achievements of the consortium in meeting the performance measures and standards established in this provision;

(3) Those areas in which the consortium has made improvement in meeting the performance measures and standards established in this provision; and

(4) Any actions taken by Board staff.

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 8, 2006.

TRD-200602525

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 20, 2006

For further information, please call: (512) 427-6114


Part 2. TEXAS EDUCATION AGENCY

Chapter 74. CURRICULUM REQUIREMENTS

The State Board of Education (SBOE) proposes amendments to §§74.1, 74.3, 74.24, 74.28, 74.32, 74.43, 74.44, 74.52, 74.53, 74.54, 74.61, 74.63, and 74.64 and new §74.34 concerning curriculum requirements. The rules provide for curriculum requirements for school districts, outline graduation requirements, and include other provisions that relate to curriculum requirements.

19 TAC Chapter 74 is organized as follows: Subchapter A, Required Curriculum; Subchapter B, Graduation Requirements; Subchapter C, Other Provisions; Subchapter D, Graduation Requirements, Beginning with School Year 2001-2002; Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005; and Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008.

The proposed amendments would incorporate changes in 19 TAC Chapter 74, Subchapters A and C-F, to reflect legislation passed in 2005, an additional science course option, and technical corrections, as follows.

During the regular 2005 legislative session, the 79th Texas Legislature passed Senate Bill (SB) 42, which allows the SBOE to amend rules to include a physical activity requirement for students in Grades 6-8. SB 42 specified that the SBOE may choose (1) not to adopt rules for a physical activity requirement for students in Grades 6-8; (2) to adopt rules that state specific time requirements for physical activity in Grades 6-8; or (3) to adopt rules permitting some flexibility at the district level for meeting this requirement. In adopting rules for this requirement, SB 42 includes specific provisions the SBOE must incorporate relative to how the physical activity requirement can be met and permissible exemptions. SB 42 also adds language to the health curriculum requirement to include emphasis on the importance of proper nutrition and exercise. To incorporate these legislative changes, the SBOE proposes amendments to 19 TAC §74.1 in Subchapter A and §74.32 in Subchapter C. Section 74.1(a)(2)(B) would be modified to add language relating to the importance of proper nutrition and exercise in the health curriculum to match TEC, §28.002, as amended by SB 42. Section 74.32 would be modified to add language requiring a local school board to establish a policy that determines the extent to which students enrolled in middle and junior high school settings are allowed to meet physical activity requirements throughout the school year. The proposed SBOE rule addresses how the physical activity requirement can be met and includes permissible exemptions. The section title would also be revised to extend the provisions to include Kindergarten-Grade 8.

The 79th Texas Legislature also passed House Bill (HB) 492 during the 2005 regular legislative session. HB 492 requires the SBOE to adopt rules relating to personal finance education. Proposed new 19 TAC §74.34, Additional Requirements for Economics Classes, Grades 9-12, would be added in Subchapter C to satisfy this requirement. The proposed new rule would address the requirement for a school district to incorporate instruction in personal financial literacy into any course meeting a requirement for an economics credit, using materials approved by the SBOE. The proposed new rule would establish the minimum elements that must be included in personal financial literacy instruction. In consideration of the fact that calendars and curriculum may already be established for the upcoming school year, the proposal includes a provision for school districts to request an extension from the commissioner of education in complying with these new requirements for the 2006-2007 school year.

Proposed technical corrections include adding clarification to the languages other than English requirement in §74.3(b)(2)(J) in Subchapter A and §§74.43(b)(6), 74.44(b)(6), 74.53(b)(6), 74.54(b)(6), 74.63(b)(6), and 74.64(b)(6) in Subchapters D-F to allow for students who are at higher proficiency levels to meet the graduation requirements by taking higher level language courses.

A proposed technical correction in Subchapter C would add language to 19 TAC §74.24(a)(1)-(2) to provide clarification that there are two uses for credit by examination: (1) acceleration for each primary school grade level and (2) course credit for secondary school academic subjects. This proposed amendment would mirror language in the TEC. In addition, 19 TAC §74.24(b) would be modified to clarify that all three delineated requirements must be met for acceleration.

Also in Subchapter C, the proposed amendment in 19 TAC §74.28(h) would require, rather than permit, school districts to provide parent education programs for parents/guardians of students with dyslexia and related disorders.

Proposed technical corrections also include replacing the term "tech prep articulated" with the correct term "advanced technical credit courses" and adding "dual credit courses" in §§74.44(d)(3), 74.54(d)(3), and 74.64(d)(3) in Subchapters D-F that describe requirements for advanced measures for the distinguished achievement program. Tech prep is a program of study, not a course. The program may include dual credit or advanced technical credit courses. This change would make the options clearer.

Other proposed amendments include minor technical edits in §§74.52(c), 74.53(c), and 74.54(c) in Subchapter E to correct the cross reference to elective courses. Proposed amendments in §§74.53(b)(10)(D), 74.54(b)(10)(D), 74.63(b)(10)(D), and 74.64(b)(10)(D) in Subchapters E-F that describe requirements to satisfy the technology applications credit for the recommended and distinguished achievement program would delete redundant language regarding credit by examination. This change would permit districts to measure proficiency in the technology applications course in a variety of ways in addition to credit by examination. Districts may continue; however, to use this option.

Finally, the proposed amendment to 19 TAC §74.61(i)(1)(B) in Subchapter F would add engineering as an option for the fourth year of science beginning with students entering Grade 9 in school year 2007 - 2008.

Susan Barnes, associate commissioner for standards and programs, has determined that for the first five-year period the amendments and new rule are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendments and new rule.

Dr. Barnes has determined that for each year of the first five years the amendments and new rule are in effect the public benefit anticipated as a result of enforcing the amendments and new rule would be to continue to provide students with appropriate curricular choices as they complete their public school education. School districts would need to notify students and parents about any changes made. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments and new rule.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 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 and new rule 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 .

Subchapter A. REQUIRED CURRICULUM

19 TAC §74.1, §74.3

The amendments are proposed under the Texas Education Code, §7.102(c)(4), which authorizes the SBOE to establish curriculum and graduation requirements; and §28.002, which authorizes the SBOE to by rule designate subjects constituting a well-balanced curriculum and to require each district to provide instruction in the essential knowledge and skills at appropriate grade levels.

The amendments implement the Texas Education Code, §§7.102(c)(4), 28.002, and 28.025.

§74.1.Essential Knowledge and Skills.

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

(1) a foundation curriculum that includes:

(A) English language arts;

(B) mathematics;

(C) science; and

(D) social studies, consisting of Texas, United States and world history, government, and geography; and

(2) an enrichment curriculum that includes:

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

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

(C) physical education;

(D) fine arts;

(E) economics, with emphasis on the free enterprise system and its benefits;

(F) career and technology education; and

(G) technology applications.

(b) A school district must provide instruction in the essential knowledge and skills of the appropriate grade levels in the foundation and enrichment curriculum as specified in paragraphs (1)-(19) of this subsection. A school district may add elements at its discretion but must not delete or omit instruction in the foundation and enrichment curriculum specified in subsection (a) of this section.

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

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

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

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

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

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

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

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

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

(10) Chapter 119 of this title (relating to Texas Essential Knowledge and Skills for Agricultural Science and Technology Education);

(11) Chapter 120 of this title (relating to Texas Essential Knowledge and Skills for Business Education);

(12) Chapter 121 of this title (relating to Texas Essential Knowledge and Skills for Health Science Technology Education);

(13) Chapter 122 of this title (relating to Texas Essential Knowledge and Skills for Home Economics Education);

(14) Chapter 123 of this title (relating to Texas Essential Knowledge and Skills for Technology Education/Industrial Technology Education);

(15) Chapter 124 of this title (relating to Texas Essential Knowledge and Skills for Marketing Education);

(16) Chapter 125 of this title (relating to Texas Essential Knowledge and Skills for Trade and Industrial Education);

(17) Chapter 126 of this title (relating to Texas Essential Knowledge and Skills for Technology Applications);

(18) Chapter 127 of this title (relating to Texas Essential Knowledge and Skills for Career Orientation); and

(19) Chapter 128 of this title (relating to Texas Essential Knowledge and Skills for Spanish Language Arts and English as a Second Language).

§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 Adventure/Outdoor Education; Aerobic Activities; Individual Sports; or 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 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, II, and III or higher of the same language;

(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;

(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 this chapter.

(4) The school district must provide each student the opportunity to participate in all courses listed in subsection (b)(2) of this section. The district must provide students the opportunity each year to select courses in which they intend to participate from a list that includes all courses required to be offered in subsection (b)(2) of this section. If the school district will not offer the required courses every year, but intends to offer particular courses only every other year, it must notify all enrolled students of that fact. The school district must teach a course in which ten or more students indicate they will participate or that is required for a student to graduate. For a course in which fewer than ten students indicate they will participate, 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.

(c) Courses in the foundation and enrichment curriculum in Grades 6-12 must be provided in a manner that allows all grade promotion and high school graduation requirements to be met in a timely manner. Nothing in this chapter shall be construed to require a district to offer a specific course in the foundation and enrichment curriculum except as required by this subsection.

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 8, 2006.

TRD-200602534

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: June 18, 2006

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


Subchapter C. OTHER PROVISIONS

19 TAC §§74.24, 74.28, 74.32, 74.34

The amendments and new rule are proposed under the Texas Education Code, §§7.102(c)(4), which authorizes the SBOE to establish curriculum and graduation requirements; 28.002, which authorizes the SBOE to by rule designate subjects constituting a well-balanced curriculum and to require each district to provide instruction in the essential knowledge and skills at appropriate grade levels; 28.002(l), which authorizes the SBOE to adopt rules to include a physical activity requirement for students in Grades 6-8; 28.023, which authorizes the SBOE to establish guidelines for examinations for acceleration for primary school grade levels and secondary school academic subjects; and 38.003, which requires the SBOE to adopt rules relating to screening and treatment for dyslexia and related disorders.

The amendments and new rule implement the Texas Education Code, §§7.102(c)(4), 28.002, 28.023, 28.025, and 38.003.

§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 for each primary school grade level and for credit for secondary school academic subjects 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 for each primary school grade level or for credit for secondary school academic subjects . 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 [ 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 [ A ] school district representative recommends that the student be accelerated ; and [ . ]

(C) the [ 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.

§74.28.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 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 shall [ 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.

§74.32.Physical Activity Programs for [ Elementary School ] Students in Kindergarten-Grade 8 .

(a) In accordance with Texas Education Code, §28.002, all students enrolled in full-day kindergarten or Grades 1-6 in an elementary school setting are 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 must consider the health-related education needs of the student and the recommendations of the local health advisory council.

(b) A school district board of trustees or charter school shall adopt a policy that determines the extent to which students enrolled in middle and junior high school settings are allowed to meet physical activity requirements throughout the school year, under Texas Education Code, §28.002(l). School districts may permit an exemption for students participating in private or commercially-sponsored physical activities including only those certified by the superintendent to be of high quality and well supervised by appropriately trained instructors. Students certified to participate at this level may not be dismissed from any part of the regular school day. Under Texas Education Code, §28.002, school districts must provide for an exemption for:

(1) students identified in the categories specified in paragraphs (2) and (3) under §74.31 of this title (relating to Health Classifications for Physical Education); or

(2) students participating in a TEKS-based physical education class or a TEKS-based structured activity.

§74.34.Additional Requirements for Economics Classes, Grades 9-12.

(a) A school district and an-open enrollment charter school shall incorporate instruction in personal financial literacy into any course meeting a requirement for an economics credit, using the materials approved by the State Board of Education for this purpose in accordance with Texas Education Code, §28.0021.

(b) A school district may add elements at its discretion but must include the following areas of instruction:

(1) understanding interest and avoiding and eliminating credit card debt;

(2) understanding the rights and responsibilities of renting or buying a home;

(3) managing money to make the transition from renting a home to home ownership;

(4) starting a small business;

(5) being a prudent investor in the stock market and using other investment options;

(6) beginning a savings program and planning for retirement;

(7) bankruptcy;

(8) the types of bank accounts available to consumers and the benefits of maintaining a bank account;

(9) balancing a checkbook;

(10) the types of loans available to consumers and becoming a low-risk borrower;

(11) understanding insurance; and

(12) charitable giving.

(c) A school district or open-enrollment charter school may apply to the commissioner of education for an extension in complying with the requirements of this section for the 2006-2007 school year.

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 8, 2006.

TRD-200602535

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: June 18, 2006

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


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

19 TAC §74.43, §74.44

The amendments are proposed under the Texas Education Code, §§7.102(c)(4), which authorizes the SBOE to establish curriculum and graduation requirements; 28.002, which authorizes the SBOE to by rule designate subjects constituting a well-balanced curriculum and to require each district to provide instruction in the essential knowledge and skills at appropriate grade levels; 28.023, which authorizes the SBOE to establish guidelines for examinations for acceleration for primary school grade levels and secondary school academic subjects; and 28.025(a), which authorizes the SBOE to by rule determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with §28.002.

The amendment implements the Texas Education Code, §§7.102(c)(4), 28.002, 28.023, and 28.025(a).

§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 earned must be for any two levels [ 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 earned must be for any three levels [ 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 , advanced technical credit courses, and dual credit 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 May 8, 2006.

TRD-200602536

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: June 18, 2006

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


Subchapter E. GRADUATION REQUIREMENTS, BEGINNING WITH SCHOOL YEAR 2004 - 2005

19 TAC §§74.52, 74.53, 74.54

The amendments are proposed under the Texas Education Code, §§7.102(c)(4), which authorizes the SBOE to establish curriculum and graduation requirements; 28.002, which authorizes the SBOE to by rule designate subjects constituting a well-balanced curriculum and to require each district to provide instruction in the essential knowledge and skills at appropriate grade levels; 28.023, which authorizes the SBOE to establish guidelines for examinations for acceleration for primary school grade levels and secondary school academic subjects; and 28.025(a), which authorizes the SBOE to by rule determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with §28.002.

The amendment implements the Texas Education Code, §§7.102(c)(4), 28.002, 28.023, and 28.025(a).

§74.52.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.

(c) Elective Courses--five and one-half credits. The credits must be selected from the list of courses specified in §74.51 (g) [ (f) ] of this title (relating to High School Graduation Requirements).

§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 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 earned must be for any two levels [ 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 (g) [ (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 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 earned must be for any three levels [ 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 (g) [ (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 , advanced technical credit courses, and dual credit 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 May 8, 2006.

TRD-200602537

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: June 18, 2006

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


Subchapter F. GRADUATION REQUIREMENTS, BEGINNING WITH SCHOOL YEAR 2007 - 2008

19 TAC §§74.61, 74.63, 74.64

The amendments are proposed under the Texas Education Code, §§7.102(c)(4), which authorizes the SBOE to establish curriculum and graduation requirements; 28.002, which authorizes the SBOE to by rule designate subjects constituting a well-balanced curriculum and to require each district to provide instruction in the essential knowledge and skills at appropriate grade levels; 28.023, which authorizes the SBOE to establish guidelines for examinations for acceleration for primary school grade levels and secondary school academic subjects; and 28.025(a), which authorizes the SBOE to by rule determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with §28.002.

The amendment implements the Texas Education Code, §§7.102(c)(4), 28.002, 28.023, and 28.025(a).

§74.61.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) A student entering Grade 9 in the 2007-2008 school year and thereafter shall enroll in the courses necessary to complete the curriculum requirements for the recommended high school program specified in §74.63 of this title (relating to Recommended High School Program) or the advanced program specified in §74.64 of this title (relating to Distinguished Achievement High School Program--Advanced High School Program) unless the student, the student's parent or other persons standing in parental relation to the student, and a school counselor or school administrator agree that the student should be permitted to take courses under the minimum high school program specified in §74.62 of this title (relating to Minimum High School Program).

(d) To receive a high school diploma, a student entering Grade 9 in the 2007-2008 school year and thereafter must complete the following:

(1) in accordance with subsection (c) of this section, requirements of the minimum high school program specified in §74.62, the recommended high school program specified in §74.63, or the advanced program specified in §74.64; and

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

(e) 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.

(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 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).

(g) 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.

(h) 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.

(i) In addition to the requirements of this subchapter, a student entering Grade 9 in the 2007-2008 school year is required to demonstrate proficiency in science by earning four science credits to complete the recommended high school program or the distinguished achievement high school program, as specified in this subsection.

(1) One credit must be a biology credit (Biology, Advanced Placement (AP) Biology, or International Baccalaureate (IB) Biology). Students must choose two credits from subparagraph (A) and one credit from subparagraph (B) of this paragraph to complete the four-year science requirement.

(A) In addition to a biology course, a student must 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) After successful completion of a biology course and two credits from IPC, a chemistry course, and/or a physics course, a student may select the fourth required credit from any of the following courses.

(i) Geology, Meteorology, and Oceanography (GMO);

(ii) Environmental Systems;

(iii) Aquatic Science;

(iv) Astronomy;

(v) Anatomy and Physiology of Human Systems;

(vi) AP/IB Biology;

(vii) Chemistry;

(viii) AP/IB Chemistry;

(ix) Physics;

(x) AP/IB Physics;

(xi) AP Environmental Science;

(xii) IB Environmental Systems;

(xiii) Scientific Research and Design; [ and ]

(xiv) Principles of Technology I ; and [ . ]

(xv) Engineering.

(2) Under this subsection, a student is required to demonstrate proficiency in elective courses by earning two and one-half credits to complete the recommended high school program or one and one-half credits to complete the distinguished achievement high school program.

(3) This subsection does not apply to any student who completes all course requirements for high school graduation on or before September 1, 2010.

(4) This subsection expires on September 1, 2007, unless the State Board of Education, on or prior to August 1, 2007, determines that sufficient funding has been appropriated by the legislature to implement this subsection.

§74.63.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 earned must be for any two levels [ 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 §74.61(g) 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.

§74.64.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 earned must be for any three levels [ 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 §74.61(g) 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 , advanced technical credit courses, and dual credit 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 May 8, 2006.

TRD-200602538

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: June 18, 2006

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


Chapter 101. ASSESSMENT

Subchapter CC. COMMISSIONER'S RULES CONCERNING IMPLEMENTATION OF TESTING PROGRAM

19 TAC §101.3001, §101.3005

The Texas Education Agency (TEA) proposes an amendment to §101.3001 and new §101.3005, concerning implementation of the testing program. Section 101.3001 addresses implementation of assessment instruments. Proposed new §101.3005 would address required test administration procedures and training activities. The purpose of the proposed rule action is to clarify the commissioner's authority to develop and implement test administration procedures and training activities to ensure the security, validity, and reliability of the assessment program as required by TEC, §39.023(i).

The TEC, §39.023, requires the commissioner of education to adopt rules for implementing the testing program established by the State Board of Education in 19 TAC Chapter 101, Subchapters A-E. Senate Bill (SB) 103, Section 9, 76th Texas Legislature, 1999, requires the commissioner of education to adopt rules for the implementation of the TEC, §39.023. In accordance with TEC, Chapter 39, Subchapter B, and SB 103, Section 9, the commissioner adopted rules concerning implementation of the testing program in 19 TAC Chapter 101, Subchapter CC, to be effective February 16, 2003. Rules in this subchapter were revised, effective February 2005, to clarify transitional issues related to the Texas Assessment of Knowledge and Skills (TAKS), as specified by the 76th Texas Legislature, 1999, and to establish rules for implementation of the Grade 8 science test required by the 78th Texas Legislature, 2003.

The TEC, §39.023(i), requires that each assessment instrument adopted under TEC, Chapter 39, Subchapter B, be reliable and valid and must meet any applicable federal requirements for measurement of student progress. The proposed rule action in 19 TAC Chapter 101, Subchapter CC, would add new 19 TAC §101.3005 and amend the section title in 19 TAC §101.3001, as follows.

The proposed new 19 TAC §101.3005, Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments, would be added to clarify in rule the commissioner's authority to develop and implement test administration procedures and required training activities to ensure the validity, reliability, and security of assessments administered under the TEC, Chapter 39, Subchapter B. The new section would clarify in rule the authority for the commissioner to establish test administration procedures and required training activities that support the standardization of the test administration process. These test administration procedures shall be delineated in the test administration materials provided to districts and charter schools annually. The new section would clarify the commissioner's authority to require training activities to ensure that testing personnel have the necessary skills and knowledge required to administer assessment instruments in a valid, standardized, and secure manner. The commissioner may require evidence of the successful completion of training activities.

The proposed amendment to 19 TAC §101.3001 would only change the rule's title to read "Implementation of Assessment Instruments." No changes are proposed for the text of the rule.

Susan Barnes, associate commissioner for standards and programs, has determined that for the first five- year period the amendment and new section are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment and new section.

Dr. Barnes has determined that for each year of the first five years the amendment and new section are in effect the public benefit anticipated as a result of enforcing the sections will be clarification of the commissioner's authority to develop and implement procedures and training activities that ensure the security, validity, and reliability of the assessments administered under the TEC, §39.023. The Texas student assessment program provides Texas students, schools, and the public with an accurate gauge of students' academic progress in learning the key components of the Texas Essential Knowledge and Skills. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment and new section.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 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 and 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 amendment and new section are proposed under Senate Bill 103, Section 9, 76th Texas Legislature, 1999 (Acts of the 76th Texas Legislature, 1999, Chapter 397), and Texas Education Code, §39.023, which authorize the commissioner of education to adopt rules for the implementation of the Texas Education Code, §39.023.

The amendment and new section implement the Texas Education Code, §39.023, and Senate Bill 103, Section 9, 76th Texas Legislature, 1999 (Acts of the 76th Texas Legislature, 1999, Chapter 397).

§101.3001.Implementation of [ New ] Assessment Instruments.

(a) - (b) (No change.)

§101.3005.Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments.

(a) Purpose. To ensure that each assessment instrument is reliable and valid and meets applicable federal requirements for measurement of student progress, as required by the Texas Education Code (TEC), §39.023(i), the commissioner of education shall establish test administration procedures and required training activities that support the standardization of the test administration process.

(b) Test administration procedures. These test administration procedures shall be delineated in the test administration materials provided to school districts and charter schools annually. Districts and charter schools must comply with all of the applicable requirements specified in the test administration materials. Test administration materials shall include, but are not limited to, the following:

(1) general testing program information;

(2) requirements for ensuring test security and confidential integrity;

(3) procedures for test administration;

(4) responsibilities of various personnel involved in test administration; and

(5) procedures for materials control.

(c) Training activities. As part of the test administration procedures, the commissioner shall require training activities to ensure that testing personnel have the necessary skills and knowledge required to administer assessment instruments in a valid, standardized, and secure manner. The commissioner may require evidence of successful completion of training activities. Test coordinators and administrators must receive all applicable training as required in the test administration materials.

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 8, 2006.

TRD-200602539

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: June 18, 2006

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