TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 74. CURRICULUM REQUIREMENTS

The State Board of Education (SBOE) adopts amendments to §§74.1 - 74.3, 74.61, 74.63, and 74.64, concerning the curriculum requirements. The amendments to §§74.1 - 74.3, and 74.61 are adopted without changes to the proposed text as published in the October 6, 2006, issue of the Texas Register (31 TexReg 8320) and will not be republished. The amendments to §74.63 and §74.64 are adopted with changes to the proposed text published in the October 6, 2006, issue. The rules provide for curriculum requirements for school districts and outline graduation requirements. The adopted amendments incorporate changes in 19 TAC Chapter 74, Subchapters A and F, to reflect technical corrections, legislation from the regular session of the 79th Texas Legislature, 2005, and requirements of House Bill (HB) 1 from the Third Called Session, 2006.

In accordance with the Texas Education Code (TEC), §7.102(f), the SBOE approved this rule action for final adoption by a vote of more than two-thirds of its members to specify an effective date earlier than September 1, 2007. The effective date of the adopted amendments is 20 days after filing as adopted. The earlier effective date will allow the rule changes to become effective prior to the 2007-2008 school year. Although the rule changes will not be implemented until that school year, the earlier effective date provides school districts time to incorporate the changes locally.

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.

In February 2006, the SBOE initiated its review of 19 TAC Chapter 74. At that time, the SBOE directed Texas Education Agency staff to provide rule options for consideration at its April 2006 meeting. The proposed amendments approved for first reading and filing authorization by the SBOE during its April 2006 meeting were published in the May 19, 2006, issue of the Texas Register (31 TexReg 4142). Also in April 2006, the SBOE adopted the review of 19 TAC Chapter 74, finding that the reasons for initially adopting the rules continue to exist (31 TexReg 4241).

At its July 2006 meeting, the SBOE approved amendments to 19 TAC Chapter 74, Subchapters C, D, and E for second reading and final adoption. These adopted amendments were published in the August 4, 2006, issue of the Texas Register (31 TexReg 6212). Those adopted amendments took effect on August 8, 2006, and apply to the 2006-2007 school year.

In addition, the SBOE withdrew the proposed amendments to 19 TAC Chapter 74, Subchapters A and F, to consider additional amendments in accordance with HB 1, 79th Texas Legislature, Third Called Session, 2006. The withdrawal of 19 TAC Chapter 74, Subchapters A and F, was published in the August 4, 2006, issue of the Texas Register (31 TexReg 6201 and 31 TexReg 6202, respectively).

The SBOE approved modified proposed amendments to 19 TAC Chapter 74, Subchapters A and F, for first reading and filing authorization at its September 2006 meeting. These proposed amendments were published in the October 6, 2006, issue of the Texas Register (31 TexReg 8320).

19 TAC Chapter 74, Subchapter A

HB 1 requires the SBOE to include language requiring that one or more courses in the required curriculum include a research writing component. The adopted amendments in Subchapter A include additional wording in 19 TAC §74.3(b)(5) to satisfy this requirement.

In addition, the adopted amendment to 19 TAC §74.1(a)(2)(B) adds language to the health curriculum requirement to include emphasis on the importance of proper nutrition and exercise, as required by Senate Bill 42. The adopted amendments to Subchapter A also incorporate technical corrections, including clarification to the languages other than English requirement in 19 TAC §74.3(b)(2)(J) to match corrections in Subchapters D - F.

The adopted amendment to 19 TAC §74.2 adds the word "reading" to English language arts under the required elementary curriculum, as directed by the SBOE in September 2006.

19 TAC Chapter 74, Subchapter F

HB 1 requires four years of mathematics and science in the recommended and distinguished achievement high school programs, beginning with students entering Grade 9 in school year 2007-2008. Adopted amendments in Subchapter F incorporate the mandated fourth year of mathematics and science as follows.

The adopted amendment in 19 TAC §74.61(i) removes provisional language regarding the fourth year of science to correspond with adopted amendments in 19 TAC §74.63 and §74.64.

The adopted amendments in §74.63 and §74.64 increase the number of credits required to complete the recommended and distinguished achievement high school programs to 26. This increase in the total number of required credits specified in subsection (a) does not decrease the number of elective credits specified in subsection (c).

Section 74.63 establishes graduation requirements under the Recommended High School Program. As proposed, the required four mathematics credits in the recommended program consisted of Algebra I, Algebra II, Geometry, and a fourth SBOE-approved mathematics course. At adoption, the SBOE approved the mathematics requirements proposed in subsection (b)(2), with the following changes. New subparagraph (A)(i) - (xii) was added to reference specific names of SBOE-approved mathematics courses, new subparagraph (B) was added to stipulate that the Mathematical Models with Applications course must be taken prior to Algebra II, and new subparagraph (C) was added to specify that the SBOE may designate additional courses to fulfill the mathematics credits required under the recommended program in the future.

Also within the recommended program, the proposal required that the four science credits consist of one credit in biology and two credits selected from Integrated Physics and Chemistry (IPC), a chemistry credit, or a physics credit plus one additional credit selected from the laboratory-based science courses listed in 19 TAC Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science), with the addition of Engineering and Earth and Space Science. The proposal also stipulated that IPC could not be taken as the fourth science credit and must be taken before the senior year of high school. Further, the proposal specified that after the 2011-2012 school year, IPC would only be available to students on the minimum graduation plan. The proposal specified that beginning with students who enter Grade 9 beginning with the 2012-2013 school year, the four science credits under the recommended program must consist of a biology credit, a chemistry credit, a physics credit, and a credit selected from the laboratory-based science courses listed in 19 TAC Chapter 112, with the addition of Engineering and Earth and Space Science.

At adoption, the SBOE approved the science requirements proposed in subsection (b)(3), with the following changes. Subparagraph (C)(iii) was modified to add Principles of Technology I to the list of courses for which a physics credit can be earned by students entering Grade 9 beginning with the 2012-2013 school year to be consistent with adopted new subparagraph (A)(iii). New subparagraph (E) was added to specify that the SBOE may designate additional courses to fulfill the science credits required under the recommended program.

Section 74.64 establishes graduation requirements under the Distinguished Achievement Program. For the Distinguished Achievement Program, the proposal required that the four mathematics credits consist of Algebra I, Algebra II, Geometry, and a fourth SBOE-approved mathematics course for which Algebra II is a prerequisite. The SBOE approved the mathematics requirements for the distinguished plan with no changes from the proposal.

Also within the Distinguished Achievement Program, the proposal required that the four science credits consist of a biology credit, a chemistry credit, a physics credit, and a credit selected from the following laboratory-based courses: Earth and Space Science, Environmental Systems, Aquatic Science, Astronomy, Anatomy and Physiology of Human Systems, Advanced Placement (AP) Biology, International Baccalaureate (IB) Biology, AP Chemistry, IB Chemistry, AP Physics, IB Physics, AP Environmental Science, IB Environmental Systems, Scientific Research and Design, and Engineering. The SBOE approved the science requirements for the distinguished achievement program with no changes from the proposal.

In addition, the SBOE approved proposed amendments to Subchapter F that match amendments to Subchapters D and E as appropriate. These amendments include: clarification of the languages other than English requirement in subsection (b)(6) in §74.63 and §74.64; replacement of the term "tech prep articulated" with the correct term "advanced technical credit" in subsection (d)(3) in §74.64; and clarification of requirements to satisfy the technology applications credit in subsection (b)(10)(D) in §74.63 and §74.64. The SBOE made one additional change in §74.64(d)(3) at adoption in response to public comment requesting clarification about advanced measures relating to dual credit courses. The additional change clarifies that dual credit courses also include courses under local articulation agreements.

Following are comments received and corresponding responses regarding adoption of the proposed amendments.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, comments were received from four individuals, 10 parents, three teachers, a science coordinator for Coppell Independent School District (ISD), the superintendent of Northside ISD, the executive director of fine arts for Katy ISD, the program directors for secondary mathematics and science from Aldine ISD, and a member of the Angleton ISD board of trustees in support of the proposed amendments. Comments placed an emphasis on the desire to keep as much flexibility for students as possible.

Response. The SBOE agreed with the desire to maintain flexibility for students and took action to ensure sufficient courses were available to provide opportunities for student choice with respect to course selection in completing the fourth year of mathematics and fourth year of science.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, comments were received from the Greater San Antonio Chamber of Commerce, the San Antonio Aerospace Industry Council, the San Antonio Manufacturers Association, and Alamo Aerospace Academies urging the SBOE to allow for flexibility in the courses that will satisfy the requirements for a fourth year of mathematics and a fourth year of science to include opportunities for students to learn through technical and hands-on instruction.

Response. The SBOE agreed with the desire to maintain flexibility for students and took action to ensure sufficient courses were available to provide opportunities for student choice with respect to course selection in completing the fourth year of mathematics and fourth year of science.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, comments were received from an individual and the Texas Association of Secondary School Principals urging the SBOE to allow the fourth year of mathematics and science courses to be relevant to the needs of all students.

Response. The SBOE agreed and took action to ensure that graduation requirements provide opportunities for student choice with respect to course selection in completing the fourth year of mathematics and fourth year of science.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, comments were received from six individuals, a superintendent, and two parents expressing their objection to requiring all students to take an additional mathematics and an additional science course. Concerns include an increase in the dropout rate as a result of the new requirements, lack of flexibility for students to pursue their individual interests, and undue stress for students.

Response. The SBOE disagreed and took action to determine the courses that would satisfy the requirements for a fourth year of mathematics and a fourth year of science. The additional graduation requirements are the result of state law that the SBOE must implement.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, a comment was received from an individual asking the SBOE to keep the graduation requirements as they are.

Response. The SBOE disagreed and took action to determine the courses that would satisfy the requirements for a fourth year of mathematics and a fourth year of science. The additional graduation requirements are the result of state law that the SBOE must implement.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, comments were received from an individual and two teachers in support of the proposal for course selection and sequencing submitted to the SBOE in September 2006 by Cypress-Fairbanks ISD.

Response. The SBOE agreed with the desire to maintain flexibility for students and took action to ensure sufficient courses were available to provide opportunities for student choice with respect to course selection in completing the fourth year of mathematics and fourth year of science.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, comments were received from the Cy-Fair Minority Parents Association opposing the proposal submitted to the SBOE in September 2006 by Cypress-Fairbanks ISD and supporting the requirement that all students take Algebra I, Geometry, Algebra II, and Pre-calculus.

Response. The SBOE agreed with this requirement for the Distinguished Achievement Program but disagreed with it for the Recommended Program. The SBOE took action to require Algebra I, Geometry, Algebra II, and a fourth mathematics course for which Algebra II is a prerequisite for the Distinguished Achievement Program, but took action to allow for more flexibility for meeting the additional mathematics requirement under the Recommended Program. This will allow students to take Algebra I, Geometry, Algebra II, and Pre-calculus, but does not require it.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, comments were received from four individuals, nine parents, a member of the Coppell ISD board of trustees, the superintendent of Northside ISD, and two teachers expressing concern that gifted/academically advanced students, in particular, would be penalized if required to take four years of mathematics and four years of science beyond high school credits they earned in middle school. Individuals expressed the desire for students to be allowed to earn credits toward high school in middle school and not be required to take four years of mathematics and four years of science in high school beyond those courses earned beginning in middle school.

Response. The SBOE agreed and took no action to require specified grade levels at which the four years of mathematics and four years of science must be taken, maintaining the provision for students to take courses for high school credit prior to entering high school.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, a comment was received from the Greater Austin Chamber of Commerce Task Force on Mathematics and Science Education strongly endorsing the requirement that students receive mathematics and science instruction each year in Grades 9-12.

Response. The SBOE disagreed and took no action to require specified grade levels at which the four years of mathematics and four years of science must be taken, maintaining the provision for students to take courses for high school credit prior to entering high school.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, a comment was received from an individual indicating that school districts should be required to offer a seven-period day in order to allow students to complete required courses while still having the ability to participate in activities such as athletics, band, and orchestra.

Response. The SBOE disagreed and took no action regarding this matter. State law does not grant either the agency or the SBOE statutory authority over scheduling of the school day.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, a comment was received from the Texas Association of Secondary School Principals asking the SBOE to carefully consider the timeline for implementation of new graduation requirements.

Response. The SBOE took action to make amendments to graduation requirements effective beginning with students who enter Grade 9 in 2007-2008. This implementation date is required in state law.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, a comment was received from an individual expressing support for enhanced mathematics and science curriculum for graduation, but concern that students who are inappropriately placed in higher level courses will hinder the educational progress of other students. The individual commented that the additional mathematics and science courses should be strongly encouraged and not mandated.

Response. The SBOE disagreed and took action to determine the courses that would satisfy the requirements for a fourth year of mathematics and a fourth year of science. The additional graduation requirements are the result of state law that the SBOE must implement.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, a comment was received from the executive director of the Texas Music Educators Association encouraging SBOE members to protect electives and flexibility for students.

Response. The SBOE agreed and took action to increase the number of credits required for graduation under both the Recommended and Distinguished Achievement Programs to 26 in order to preserve the number of electives in a student's graduation program.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, a comment was received from an individual asking the SBOE to evaluate elective courses to determine whether they can be used to satisfy the mathematics and science requirements.

Response. The SBOE disagreed and took no action to evaluate elective courses or add them to the list of courses that will satisfy the new mathematics and science requirements.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, a comment was received from the executive director of the Ingenuity Center at the University of Texas at Tyler asking the SBOE to create a new course that focuses on developing students' capacities to design solutions to current and future problems.

Response. The SBOE agreed with the need to develop new courses and took action to allow for the development of additional mathematics courses in the future.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, a comment was received from the executive director of the Education Career Alternatives Program expressing concerns over the testing irregularities and lack of test sites for potential candidates who are trying to take the TExES certification exam.

Response. The SBOE took no action relating to this matter as it was outside of the scope of the proposed amendments to 19 TAC Chapter 74.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, comments were received from the president and the executive director of the Texas Association of School Personnel Administrators expressing concern over the impact the implementation of the new mathematics and science requirements will have on the existing shortage of certified teachers in these areas. Comments also included recommendations for addressing these concerns.

Response. The SBOE took no action on this matter as it was outside the scope of the proposed amendments to 19 TAC Chapter 74.

Comment. Concerning Chapter 74, Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008, a comment was received from an individual asking the SBOE to improve mathematics and science teacher certification and provide intense and sustained professional development.

Response. The SBOE took no action on this matter as it was outside the scope of the proposed amendments to 19 TAC Chapter 74.

Comment. Concerning §74.63(b)(2), comments were received from two individuals, a teacher, the superintendent of Jayton-Girard ISD, and the director of mathematics for Coppell ISD in support of creating multiple paths to completing the fourth year of mathematics including Mathematical Models with Applications.

Response. The SBOE agreed and took action to allow Mathematical Models with Applications to count as one of the four years of mathematics under the Recommended Program.

Comment. Concerning §74.63(b)(2), a comment was received from three individuals and the coordinator of secondary mathematics in Cypress-Fairbanks ISD emphasizing that Mathematical Models with Applications is sufficiently rigorous for students on the Recommended Program and that the course will support student success in rigorous Algebra II courses.

Response. The SBOE agreed and took action to allow Mathematical Models with Applications to count as one of the four years of mathematics under the Recommended Program.

Comment. Concerning §74.63(b)(2), a comment was received from the Texas Business and Education Coalition asking the SBOE to phase-out Mathematical Models as a course for which students may receive credit toward the mathematics requirements.

Response. The SBOE disagreed and took action to allow Mathematical Models with Applications to count as one of the four years of mathematics under the Recommended Program.

Comment. Concerning §74.63(b)(2), a comment was received from two individuals and a member of the Coppell ISD board of trustees asking the SBOE not to make Algebra II a prerequisite for the fourth year mathematics courses.

Response. The SBOE agreed and took action to maintain language as proposed that does not require Algebra II as a prerequisite for the fourth mathematics course under the Recommended Program.

Comment. Concerning §74.63(b)(2), a comment was received from a teacher expressing concern that requiring more students to take upper level mathematics courses "waters down" the content in those courses.

Response. The SBOE disagreed and took action to determine the courses that would satisfy the requirements for a fourth year of mathematics and a fourth year of science. State law and rule require that all Texas Essential Knowledge and Skills for all courses be taught.

Comment. Concerning §74.63(b)(2), a comment was received from an individual suggesting that a consumer related personal finance mathematics course be included as an option for the fourth year of math.

Response. The SBOE disagreed and took action to determine the courses that would satisfy the requirements for a fourth year of math. This list of courses did not include a personal finance mathematics course. State law requires that personal financial literacy be taught in courses that count for economics credit toward graduation.

Comment. Concerning §74.63(b)(2), a comment was received from the regional director for elementary/secondary school services for ACT, Inc. providing evidence of the value of a fourth year of mathematics that goes beyond Algebra II.

Response. The SBOE agreed with this recommendation for the Distinguished Achievement Program but disagreed with it for the Recommended Program. The SBOE took action to maintain language as proposed that does not require Algebra II as a prerequisite for the fourth mathematics course under the Recommended Program. The SBOE took action to require that students graduating under the Distinguished Achievement Program complete a course beyond Algebra II for the fourth credit of mathematics.

Comment. Concerning §74.63(b)(2), a comment was received from the Texas Business and Education Coalition asking the SBOE to develop additional mathematics courses to be implemented by the 2009-2010 school year.

Response. The SBOE agreed with the need to develop new courses and took action to allow for the development of additional mathematics courses in the future.

Comment. Concerning §74.63(b)(2), comments were received from three teachers asking the SBOE to approve AP Computer Science as an option for the fourth year of mathematics under the Recommended Program.

Response. The SBOE agreed and took action to approve AP Computer Science as an option for the fourth year of mathematics under the Recommended Program.

Comment. Concerning §74.63(b)(2), comments were received from two teachers expressing their belief that computer science should be approved as an option for the fourth year of mathematics under the Recommended Program.

Response. The SBOE agreed and took action to approve AP Computer Science as an option for the fourth year of mathematics under the Recommended Program.

Comment. Concerning §74.63(b)(3), comments were received from three teachers expressing their belief that computer science should be approved as an option for the fourth year of science under the Recommended Program.

Response. The SBOE disagreed and took action to approve AP Computer Science as an option for the fourth year of mathematics under the Recommended Program.

Comment. Concerning §74.63(b)(3), comments were received from two individuals urging the SBOE to allow IPC to count toward graduation for gifted/academically advanced students who take these courses in middle school.

Response. The SBOE took action to allow IPC to count toward a science course required for graduation until 2012 under the Recommended Program. The SBOE took action to remove IPC from the Distinguished Achievement Program beginning with students who enter Grade 9 in the 2007-2008 school year.

Comment. Concerning §74.63(b)(3), a comment was received from an individual in support of removing IPC from the Recommended Program, but allowing the course to count toward graduation for students on the Minimum High School Program.

Response. The SBOE agreed and took action to phase out IPC as a course allowed for science credit toward graduation under the Recommended Program. The SBOE took no action regarding the Minimum Program and continues to allow IPC to count as a science credit under this program.

Comment. Concerning §74.63(b)(3), a comment was received from the Texas Business and Education Coalition asking the SBOE to accelerate the phase-out of IPC to first affect students who enter Grade 9 in 2009-2010.

Response. The SBOE disagreed and took action to phase out IPC under the Recommended Program beginning with students entering Grade 9 in the 2012-2013 school year. This course will continue to count toward a science credit for students who enter Grade 9 prior to 2012-2013 until these students complete their graduation requirements.

Comment. Concerning §74.63(b)(3), a comment was received from 26 teachers, the Charles A. Dana Center, and a curriculum director opposing the elimination of IPC as a course for high school graduation credit. Individuals expressed their belief in the merits of the IPC course and its importance in helping struggling students prepare for success in chemistry and physics.

Response. The SBOE disagreed and took action to phase out IPC under the Recommended Program beginning with students entering Grade 9 in the 2012-2013 school year. This course will continue to count toward a science credit for students who enter Grade 9 prior to 2012-2013 until these students complete their graduation requirements. The SBOE took action to remove IPC from the Distinguished Achievement Program beginning with students who enter Grade 9 in the 2007-2008 school year.

Comment. Concerning §74.64(b)(3), a comment was received from an individual inquiring about whether the decision to remove IPC has been made and when implementation would occur.

Response. The SBOE took action to phase out IPC under the Recommended Program beginning with students entering Grade 9 in the 2012-2013 school year. This course will continue to count toward a science credit for students who enter Grade 9 prior to 2012-2013 until these students complete their graduation requirements. The SBOE took action to remove IPC from the Distinguished Achievement Program beginning with students who enter Grade 9 in the 2007-2008 school year.

Comment. Concerning §74.64(b)(3), a comment was received from a science coordinator in Coppell ISD supporting the phase out of IPC.

Response. The SBOE agreed and took action to phase out IPC. Beginning with students who enter Grade 9 in 2012-2013, IPC will no longer count toward the required four years of science.

Comment. Concerning §74.63(b)(3)(C), comments were received from four teachers, a representative of the American Association of Physics Teachers, the Texas Business and Education Coalition, and the superintendent of Northside ISD requesting that the Principles of Technology course continue to be included as an option for satisfying the physics course requirement for graduation.

Response. The SBOE agreed and took action to allow Principles of Technology to continue to count as an option for satisfying the physics requirement under the Recommended Program. The SBOE took action to remove Principles of Technology as an option for satisfying the physics requirement under the Distinguished Achievement Program.

Comment. Concerning §74.63(b)(3), a comment was received from director of public affairs with Texas Instruments encouraging the SBOE to include engineering as one of the approved course options for the fourth year of science.

Response. The SBOE agreed and took action to include an engineering course as an option for the fourth science credit under the Recommended and the Distinguished Achievement Programs.

Comment. Concerning §74.63(b)(3), comments were received from a teacher and the Texas Business and Education Coalition urging the SBOE to grant students credit for a fourth year of science for successful completion of the Infinity project or engineering through Project Lead the Way.

Response. The SBOE agreed that students should be able to earn credit for a fourth year of science for successful completion of an engineering course and took action to add engineering to the list of courses that will count for the fourth year of science. The SBOE directed the agency to begin work on development of Texas Essential Knowledge and Skills for engineering.

Comment. Concerning §74.63(b)(3), a comment was received from the Texas Section of the American Association of Physics Teachers recommending that the Recommended Program include biology, chemistry, physics, and a fourth course from any of the state approved science courses. The organization supported the proposal for the Distinguished Achievement Program and strongly recommended a rigorous advanced or capstone course. Additionally, the organization recommended that the Minimum Program include IPC, biology, and one additional state approved science course.

Response. The SBOE disagreed and took action to allow various courses to count for the fourth year of science, including a phase out of IPC under the Recommended Program. The SBOE agreed with the comments regarding the Distinguished Achievement Program and took action to approve language as proposed. The SBOE took no action regarding the Minimum High School Program.

Comment. Concerning §74.63(b)(3), a comment was received from a member of the Texas Earth Science Teachers Association advisory board making recommendations for revision of middle school science Texas Essential Knowledge and Skills.

Response. The SBOE took no action on this matter as it was outside the scope of the proposed amendments to 19 TAC Chapter 74.

Comment. Concerning §74.63(b)(3), a comment was received from a teacher inquiring about how adequate classrooms and labs will be built and sufficient numbers of physics teachers hired to be able to implement the additional science requirement.

Response. The additional graduation requirements are the result of state law that the SBOE must implement. The SBOE took action to determine the courses that would satisfy the requirements for a fourth year of mathematics and a fourth year of science. The SBOE does not have statutory authority over facilities or recruitment.

Comment. Concerning §74.63(b)(3), a comment was received from an individual expressing concern over the lack of science labs/classrooms including concern that labs do not meet safety standards. The comment included concern that science is underfunded at the campus level.

Response. The additional graduation requirements are the result of state law that the SBOE must implement. The SBOE took action to determine the courses that would satisfy the requirements for a fourth year of mathematics and a fourth year of science. The SBOE does not have statutory authority over facilities.

Comment. Concerning §74.63(b)(3)(A), a comment was received from the Texas Earth Science Teachers Association urging the SBOE to add Earth and Space science to the choices for the second and third science courses under the Recommended Program during the phase out of IPC. When IPC is phased out, the association recommends requiring an Earth and Space Systems.

Response. The SBOE disagreed and took action to allow various courses to count for the fourth year of science.

Comment. Concerning §74.64(d)(3), comments were received from an individual expressing concern that the wording in this subsection relating to dual credit courses could lead to misinterpretations by school districts and community colleges.

Response. The SBOE agreed and took action to add language to provide clarification about advanced measures relating to dual credit courses. The additional change clarifies that dual credit courses also include courses under local articulation agreements.

Comment. Concerning House Bill 1, a comment was received from an individual asking the SBOE to include or consult with industry professionals in the creation of vertical teams to ensure students are prepared to perform college-level course work.

Response. The SBOE took no action on this matter as it was outside the scope of the proposed amendments to 19 TAC Chapter 74.

Subchapter A. REQUIRED CURRICULUM

19 TAC §§74.1 - 74.3

The amendments are adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 20, 2006.

TRD-200606862

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: January 9, 2007

Proposal publication date: October 6, 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 adopted 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; 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 amendments implement the Texas Education Code, §§7.102(c)(4), 28.002, and 28.025(a).

§74.63.Recommended High School Program.

(a) Credits. A student must earn at least 26 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--four credits.

(A) The credits must consist of Algebra I, Algebra II, and Geometry. After successful completion of Algebra I, Geometry, and Algebra II, a student may select the fourth required credit from any of the following courses, except as provided in subparagraph (B) of this paragraph:

(i) Precalculus;

(ii) Independent Study in Mathematics;

(iii) Advanced Placement (AP) Statistics;

(iv) AP Calculus AB;

(v) AP Calculus BC;

(vi) AP Computer Science;

(vii) International Baccalaureate (IB) Mathematical Studies Subsidiary Level;

(viii) IB Mathematical Methods Subsidiary Level;

(ix) IB Mathematics Higher Level;

(x) IB Advanced Mathematics Subsidiary Level;

(xi) concurrent enrollment in college mathematics courses; and

(xii) Mathematical Models with Applications.

(B) If selected, Mathematical Models with Applications must be taken prior to Algebra II.

(C) The SBOE may designate additional courses that meet the requirements of this paragraph.

(3) Science--four credits.

(A) One credit must be a biology credit (Biology, Advanced Placement (AP) Biology, or International Baccalaureate (IB) Biology). Students must choose 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) IPC cannot be taken as the final or fourth year of science, but must be taken before the senior year of high school. The fourth year of science may be selected from the laboratory-based courses listed in Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science), with the addition of Engineering and Earth and Space Science.

(C) A student entering Grade 9 beginning with the 2012-2013 school year must take three science credits, at least one from each category, from the following areas:

(i) Biology, AP Biology, or IB Biology;

(ii) Chemistry, AP Chemistry, or IB Chemistry; and

(iii) Physics, Principles of Technology I, AP Physics, or IB Physics.

(D) The fourth year of science may be selected from the laboratory-based courses listed in Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science), with the addition of Engineering and Earth and Space Science.

(E) The SBOE may designate additional courses that meet the requirements of this paragraph.

(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 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.

(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 26 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--four credits. The credits must consist of Algebra I, Algebra II, and Geometry and an additional SBOE-approved mathematics course for which Algebra II is a prerequisite.

(3) Science--four credits. The credits must consist of a biology credit (Biology, Advanced Placement (AP) Biology, or International Baccalaureate (IB) Biology), a chemistry credit (Chemistry, AP Chemistry, or IB Chemistry), a physics credit (Physics, AP Physics, or IB Physics), and an additional approved laboratory-based science course. After successful completion of a biology course, a chemistry course, and a physics course, a student may select the fourth required credit from any of the following laboratory-based courses:

(A) Earth and Space Science;

(B) Environmental Systems;

(C) Aquatic Science;

(D) Astronomy;

(E) Anatomy and Physiology of Human Systems;

(F) AP Biology;

(G) IB Biology

(H) AP Chemistry;

(I) IB Chemistry;

(J) AP Physics;

(K) IB Physics;

(L) AP Environmental Science;

(M) IB Environmental Systems;

(N) Scientific Research and Design; and

(O) Engineering.

(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 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.

(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, including local articulation, 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 20, 2006.

TRD-200606863

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: January 9, 2007

Proposal publication date: October 6, 2006

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


Chapter 102. EDUCATIONAL PROGRAMS

Subchapter FF. COMMISSIONER'S RULES CONCERNING GOVERNOR'S EDUCATOR EXCELLENCE AWARD PROGRAMS

19 TAC §102.1071

The Texas Education Agency (TEA) adopts new §102.1071, concerning the Governor's Educator Excellence Award Program--Texas Educator Excellence Grant. The new section is adopted with changes to the proposed text as published in the August 18, 2006, issue of the Texas Register (31 TexReg 6453). The new section implements the requirements of the Texas Education Code (TEC), Chapter 21, Subchapter N, as added by House Bill 1, 79th Texas Legislature, Third Called Session, 2006, that requires the commissioner to, by rule, establish procedures and adopt guidelines for the administration of the awards for the student achievement program.

House Bill 1, 79th Texas Legislature, Third Called Session, added the TEC, Chapter 21, Subchapter N, establishing a program whereby classroom teachers and other campus personnel may receive an incentive award from an eligible campus through the student achievement program. The legislation requires that the commissioner establish the grant award program and adopt rules for developing a campus incentive plan and the awarding of funds.

Statute requires that at least 75% of the total award must be used to provide incentives to classroom teachers who have both demonstrated success in improving student performance using objective, quantifiable measures and who have collaborated with faculty and staff and contributed to improving overall student performance on the campus. The remaining 25% of the award must be used to fund other activities which may include incentives for other school personnel, professional development for classroom teachers who did not receive an incentive payment, teacher mentoring support, recruitment and retention of highly-qualified teachers, teacher stipends, and other programs that have been proven to contribute directly in improving student achievement. Grant funds may not be used for an employee whose primary responsibility is supervision of an athletic activity.

The adopted new 19 TAC §102.1071 implements this new legislation by establishing the Governor's Educator Excellence Award Program--Texas Educator Excellence Grant. The new rule adopts provisions that: (1) prescribe a procedure that a school district and open-enrollment charter school must follow to apply for and receive funding on behalf of an eligible campus for the grant program under this section; (2) establish guidelines for determining which campuses are eligible to receive funding; (3) provide guidelines by which a campus will submit to the agency an incentive plan developed by a campus-level decision-making body and with significant classroom teacher involvement; and (4) stipulate the manner in which incentive payments are allocated to classroom teachers and other eligible campus employees. The following changes were made to new 19 TAC §102.1071 since published as proposed.

In subsection (b), relating to campus eligibility, a technical change was made to move language in paragraph (2) regarding multiple years of eligibility to new paragraph (3) for organizational purposes. In response to public comment, language from proposed paragraph (3) regarding ineligibility due to receipt of the Governor's Educator Excellence Grant was deleted. This change allows for additional program flexibility.

In subsection (c), relating to campus incentive plan, a new paragraph (5) was added in response to public comment to establish that a district must follow local school board policy for submitting a campus plan and grant application to the TEA, including optional designation of that authority to the superintendent. Proposed paragraph (5) was renumbered accordingly. Also in response to public comment, a new paragraph (7) was added to specify that a local decision on an incentive plan and/or grant application is not appealable to the commissioner of education.

In subsection (d), relating to amount of program award, a technical edit was made to paragraph (1) to clarify that campus incentive plans are to be approved by the TEA to establish entitlement to a grant award.

In subsection (e), relating to incentive payments to classroom teachers, new paragraph (3)(A) was added in response to public comment to clarify the definition of a classroom teacher, including specifications about necessary functions related to instructional assignments. New paragraph (3)(B) was also added in response to public comment to clarify certification and employment qualifications.

Also in subsection (e), a new paragraph (5) was added in response to public comment to set forth that campuses or districts may choose to exclude certain specified teachers from receiving incentive awards. The campus incentive plan must reflect the campus/district policies with regard to these teachers at the program start date. A new paragraph (6) was also added in response to public comment to address individual incentives that are less than the minimum or exceed the maximum amounts established in statute. This new paragraph would also establish that a local school board decision on individual incentive award amounts is not appealable to the commissioner.

In subsection (f), relating to distribution of other program funds, proposed language was reorganized in response to public comment to provide clarification about the use of funds for distributing incentive payments as set forth in the TEC, §21.657.

Following is a summary of public comments received relating to the proposed new 19 TAC §102.1071 and corresponding agency responses.

Comment. The Texas Association of School Boards (TASB) and a professor from Vanderbilt University requested that language be deleted that prohibits campuses that received the Governor's Educator Excellence Grant in 2005 from receiving the award described in this section until June 1, 2009.

Agency response. The agency agrees and modified subsection (b) by deleting paragraph (3) regarding ineligibility due to receipt of the Governor's Educator Excellence Grant. This change allows for additional program flexibility.

Comment. The TASB requested that language be added to require that school districts act pursuant to their local board policy for submitting campus incentive plans.

Agency response. The agency agrees and modified subsection (c) by adding a new paragraph (5) to establish that a district must follow local school board policy for submitting a campus plan and grant application to the TEA, including optional designation of that authority to the superintendent. In addition, a new paragraph (7) was added to specify that a local decision on an incentive plan and/or grant application is not appealable to the commissioner of education.

Comment. A member of a campus planning team from Houston Independent School District asked for clarification about the definition of classroom teacher, specifically whether teachers must be certified.

Agency response. The agency agrees and modified subsection (e)(3) by adding new subparagraph (A) to clarify the definition of a classroom teacher, including specifications about necessary functions related to instructional assignments. New subparagraph (B) was also added to clarify certification and employment qualifications. This language is taken from existing statute (TEC) so it does not change the meaning, but rather, provides additional clarity to readers.

Comment. The TASB requested that language be added regarding exclusion of certain teachers; for example, those who have transferred, retired, work part-time, etc.

Agency response. The agency agrees and modified subsection (e) by adding a new paragraph (5) regarding exclusion of certain teachers. The campus incentive plan must reflect the campus/district policies with regard to these teachers at the program start date.

Comment. The TASB asked for clarification regarding the amount of incentive payments to classroom teachers and for specification that an incentive award decision is final and may not be appealed to the commissioner of education.

Agency response. The agency agrees and modified subsection (e) by adding a new paragraph (6) to address individual incentives that are less than the minimum amount or exceed the maximum amount established in statute. This new paragraph would also establish that a local school board decision on individual incentive award amounts is not appealable to the commissioner.

Comment. A member of the campus planning team from Hillsboro Independent School District requested clarification regarding the percentage distribution of other program funds.

Agency response. Language in statute is clear. The TEC, §21.657, states: "An eligible campus must use 25 percent of a grant award received under Section 21.655..." However, for clarification, the agency reorganized subsection (f) to provide further guidance on the use of funds for distributing incentive payments as set forth in TEC, §21.657.

The new section is adopted under the Texas Education Code (TEC), §21.652 and §21.658, which authorize the commissioner to, by rule, establish procedures and adopt guidelines for the administration of the awards for the student achievement program.

The new section implements the Texas Education Code, §§21.652 - 21.658.

§102.1071.Governor's Educator Excellence Award Program--Texas Educator Excellence Grant.

(a) Establishment of program.

(1) In accordance with the Texas Education Code (TEC), §21.652, the Governor's Educator Excellence Award Program--Texas Educator Excellence Grant is established as an annual grant program under which a district or open-enrollment charter school may receive a grant on behalf of an eligible campus as an award for student achievement. Provisions regarding implementation of the program are described in this section.

(2) Funds from this program will be distributed to a district or open-enrollment charter school, on behalf of an eligible campus, that submitted an approved campus incentive plan developed in accordance with the TEC, §21.654, and subsection (c) of this section.

(b) Campus eligibility.

(1) Campus eligibility shall be determined in accordance with the TEC, §21.653.

(2) Each year of the grant, a new list of eligible campuses will be published by the Texas Education Agency (TEA). Academically Unacceptable campuses will not be included on this list.

(3) Campuses may be eligible to receive this grant multiple times.

(c) Campus incentive plan.

(1) As delineated in the TEC, §21.654, a campus incentive plan must be:

(A) developed by each campus-level decision-making body;

(B) approved by its district-level committee; and

(C) submitted by a district on behalf of an eligible campus.

(2) The campus-level body developing the plan should be composed of individuals representing a diverse and broad mix of teachers, including representation from different grade levels and subject areas.

(3) The district may choose to provide guidance to campuses in the creation of plans.

(4) The TEA may consider for approval only a campus incentive plan developed, approved, and submitted in accordance with the TEC, §21.654, and this section.

(5) A district must act pursuant to its local school board policy for submitting a campus incentive plan and grant application to the TEA. A local school board may either vote to submit a grant application or designate the superintendent to submit the application on the board's behalf. A superintendent may act on previously delegated authority regarding the submission of the grant(s).

(6) A campus that has implemented an approved incentive plan may choose to renew its plan, should it be eligible for funding in subsequent years, for up to three years after the first year of implementation.

(7) A decision by a local school board to approve and/or submit its incentive plan and/or grant application is not appealable to the commissioner of education. A local grievance decision as to whether an award was made in compliance with the approved plan is not appealable to the commissioner of education.

(d) Amount of program award.

(1) In accordance with the TEC, §21.655, each eligible campus whose campus incentive plan is approved by the TEA is entitled to a grant award in an amount determined by the commissioner of education.

(2) Award amounts may vary from one year to the next.

(e) Incentive payments to classroom teachers.

(1) An eligible campus must distribute a specified percentage of its program grant award to classroom teachers in accordance with the TEC, §21.656.

(2) All funds must be used to provide incentives not previously funded with state, local, or federal funds.

(3) Incentives awarded under this subsection may be used only for classroom teachers. For the purposes of this subsection, the term "classroom teacher" is defined as "an educator who is employed by a school district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technology instructional setting." For the purposes of this subsection, the definition of the term "classroom teacher" does not include a teacher's aide or a full-time administrator.

(A) Necessary functions related to the classroom teacher's instructional assignment, such as instructional planning and transition between instructional periods, should be applied to creditable classroom time. Time spent on duties unrelated to instruction should not be credited toward classroom time.

(B) For a school district, a classroom teacher, as defined in this subsection, must hold an appropriate certificate issued by the State Board for Educator Certification and must meet the specifications regarding instructional duties defined in this subsection. For a charter school, a classroom teacher is not required to be certified, but must meet the qualifications of the employing charter school and the specifications regarding instructional duties defined in this subsection.

(4) As specified in the TEC, §21.656, and further delineated in this subsection, an eligible campus receiving program funds may distribute an incentive payment only to a classroom teacher who:

(A) demonstrates success in improving student achievement. Measures determining a classroom teacher's success in improving student performance must allow for program administrators to evaluate teacher impact on student achievement; and

(B) successfully collaborates with faculty and staff to contribute to improving overall student performance on the campus. The collaboration must be measured using campus-based activities. Participation in tutoring sessions or personal-planning periods is not a sufficient measure of collaboration.

(5) A campus or district may choose to exclude from receiving an incentive award a teacher who has transferred or retired or who works part-time on a campus eligible to receive grant funds. In such an instance, the campus incentive plan must reflect the campus/district policies with regard to such a teacher at the program start date.

(6) Each individual incentive should be no less than $3,000 and no more than $10,000 per teacher to the extent practicable. If teacher awards are less than $3,000 or more than $10,000, the campus plan must include the reasons that a total possible individual award amount between $3,000 and $10,000 per teacher was not practicable. A local school board decision as to whether award amounts between $3,000 and $10,000 per teacher are practicable is final and may not be appealed to the commissioner of education.

(f) Distribution of other program funds. An eligible campus receiving program funds must use a specified percentage of its program grant award for some or all of the provisions specified in the TEC, §21.657(a), when distributing incentive payments, including the requirements specified in paragraphs (1) - (3) of this subsection when applicable. Program funds distributed under the TEC, §21.657, may also be used to increase the total amount of funds to provide awards to classroom teachers under the TEC, §21.656.

(1) Stipends paid for teachers to participate in after-school or Saturday programs, as specified in the TEC, §21.657(a)(10), must be used to supplement not supplant.

(2) Stipends paid for teachers who hold a postgraduate degree, as specified in the TEC, §21.657(a)(12), must be for a postgraduate degree that will improve instructional abilities, excluding education administration, mid-management certification, and superintendency certification. These stipends must be used to supplement not supplant.

(3) Extending funding to feeder campuses, as outlined in the TEC, §21.657(a)(13), must be used to implement an activity described in the TEC, §21.657. The student population of the feeder campus shall not be used to determine campus award eligibility or the award amount.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 20, 2006.

TRD-200606864

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: January 9, 2007

Proposal publication date: August 18, 2006

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