ADOPTED 
 RULES 
 
 An agency may take final action on a section 30 days after a proposal has been 
published in the  Texas Register. The section becomes effective 20 days after 
the agency files the correct document with the  Texas Register, unless a later 
date is specified or unless a federal statute or regulation requires 
implementation of the action on shorter notice. 
 If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes. 
 
   
  TITLE 1. ADMINISTRATION 
 Part IV. Office of the Secretary of State 
  Chapter 75. Automobile Club 
  
  Automobile Club Services 
 
  1 TAC sec.75.21 
 
  The Office of the Secretary of State adopts an amendment to sec.75.21 with 
changes to the proposed text as published in the March 12, 1996, issue of the 
Texas Register  (21 TexReg 1933). Section 75.21 concerns the types of services 
that an automobile club may provide to its members. The amendment to paragraph 
(9) clarifies that only accidental injury and death benefits that are covered by 
a group policy issued to an automobile club may be offered to the automobile 
club members. The amendments include the deletion of paragraphs (10) and (11) of 
sec.75.21 to conform sec.75.21 with current insurance law. 
 Written comments were received from Baker & Botts, L.L.P., on behalf of the 
American Automobile Association. 
 The commenter stated that the amendment as proposed would limit the services 
that an automobile club can offer to those services listed in sec.75. 21. The 
Office agrees. The rule has been revised to reflect that the services specified 
in  sec.75.21 are illustrative and not exhaustive. 
 The commenter also stated that the deletion of the word "service" in paragraph 
(8) would delete direct language from the Automobile Club Services Act, Chapter 
722, Texas Transportation Code ("Act") The Office disagrees with the contention 
that the amendment is a substantive change to the Act. Section 722.002(G) of the 
Act does not include such term and the proposed change conforms  sec.75.21 to 
the Act. 
 Finally, the commenter asserted that the deletion of the phrases "the purchase 
of" and "insurance coverage from" in paragraph (9) would also delete direct 
language from the Act and limit the activities authorized for automobile clubs. 
The Office disagrees. Section 722.002(H) of the Act authorizes an automobile 
club to assist the club membership in the purchase of accidental injury and 
death benefits coverage from an authorized insurance company. Section 722.013(a) 
of the Act specifies that the accidental injury and death benefits furnished to 
club members must be covered by a group policy issued to the club for the 
benefit of its members. The amendment to paragraph (9) of sec.75.21 clarifies 
the fact that the accidental injury and death benefits must be covered by a 
group policy. Furthermore, this clarification to the rule was recommended by the 
Texas Department of Insurance. 
 The amendment is adopted under the Texas Government Code, sec.2001.004(1) and 
the Automobile Club Services Act, Texas Transportation Code, Chapter 722, which 
provides the Secretary of State with the authority to prescribe and adopt rules. 
 
 
  sec.75.21. Services an Automobile Club May Provide.  An automobile club may 
provide its customers or subscribers with assistance in matters relating to 
travel, and to the operation, use or maintenance of a motor vehicle, by 
supplying services such as services related to: 
 
  (1)-(7) (No change.) 
   
  (8) a legal fee reimbursement in the defense of traffic offenses; and 
   
  (9) accidental injury and death benefits that are covered by a group policy 
issued to the club, for the benefit of its members, by a duly authorized 
insurance company. 
 
  The 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. 
 Issued in Austin, Texas on May 3, 1996. 
 TRD-9606325 
  Clark Kent Ervin 
 Assistant Secretary of State 
 Office of the Secretary of State 
    Effective date: May 28, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 475-0775 
         
                   
  TITLE 19. EDUCATION 
 Part II. Texas Education Agency 
  Chapter 74. Curriculum Requirements 
  
  The Texas Education Agency (TEA) adopts new sec.sec.74.1-74.3, 74.11-74.14, 
74.21-74.23, and 74.25-74.30, concerning curriculum requirements. Sections 74. 
1-74.3, 74.11-74.14, 74.21, 74.26-74.28, and 74.30 are adopted with changes to 
the proposed text as published in the March 12, 1996, issue of the Texas 
Register  (21 TexReg 1953). Sections 74.22, 74.23, 74.25, and 74.29 are adopted 
without changes and will not be republished. Proposed new sec.74.24, also 
published in the March 12, 1996, issue of the Texas Register, is withdrawn and 
proposed anew with extensive revisions. 
 The adopted new sections establish definitions, requirements, and procedures 
related to required curricula, graduation requirements, academic achievement 
records, special programs, and credit. The new sections are necessary to ensure 
that students throughout the state have access to the foundation and the 
enrichment curricula and the requirements for high school graduation. The 
sections are adopted as part of the sunset review process mandated by Senate 
Bill 1, 74th Texas Legislature, 1995. The repeal of Chapter 75, Subchapters A 
and E-J (relating to Curriculum), is adopted in a separate submission. 
 Throughout the sections adopted with changes, the terms "computer science" and 
"computer proficiency" have been replaced with the phrase "technology 
applications." 
 In sec.74.1 (relating to Essential Elements Mandated), the list of subjects 
comprising the enrichment curriculum in subsection (a)(2) has been reordered to 
match the order as passed by the 74th Texas Legislature in Senate Bill 1. 
 In sec.74.2 (relating to Description of a Required Elementary Curriculum), 
language has been added to clarify that flexible learning arrangements and 
developmentally appropriate instruction are intended to support student 
attainment of course and grade level standards. 
 The following changes are adopted in sec.74.3 (relating to Description of a 
Required Secondary Curriculum). The clarifying language adopted in sec.74.2 is 
also adopted in sec.74.3(a) and (b)(1). In subsection (b)(2), language has been 
added to clarify that, as part of its secondary curriculum, a school district 
must offer Physical Education IA (Foundations of Personal Fitness) and Physical 
Education IB (Lifetime Activities) to satisfy the subject requirement of 
physical education. 
 In addition, the subject of speech and the specific courses that satisfy that 
requirement have been added to the secondary curriculum a school district must 
offer. Finally, Industrial Technology Computer Applications has been added to 
the list of specific courses that satisfies the subject requirement of 
technology applications. 
 The following changes are adopted in sec.74.11 (relating to High School 
Graduation Requirements). New subsection (c) has been added to clarify that a 
student has three options for completing a high school program: the minimum, the 
recommended, and the distinguished achievement programs. In subsection (d), 
language has been added to clarify that 22 credits are required in the minimum 
high school program. With the addition of a speech requirement in the high 
school program, Introduction to Speech Communication and Debate have been 
deleted from the list of specific courses that may satisfy the requirement of a 
fourth credit of English; however International Baccalaureate English IV has 
been added to the list. 
 In addition, the number of credits required to satisfy the subject requirement 
of social studies has been reduced from three and one-half to two and one-half 
credits. The rule as proposed would have required a student to take both World 
History Studies and World Geography Studies as part of the social studies 
requirement. Under the rule as adopted, a student may choose only one of these 
courses as part of the social studies requirement; but the student must also 
choose one academic elective credit to be World History Studies, World Geography 
Studies, or any science course approved by the State Board of Education (SBOE). 
 Based on public comment, the number of credits in physical education that may 
count toward state graduation requirements has been reduced from three to two 
credits. At the same time, career and technology work-based training courses 
have been added to the list of allowable substitutions for physical education. 
In addition, the standards that have been used in approving waivers for private 
physical activity have been added. 
 Based on public comment, lists of specific courses have been added to clarify 
the options available for satisfying the subject requirements of speech and 
technology applications. Finally, new sec.74.11(h) has been added to clarify 
that the current high school graduation requirements will remain in effect for 
any student who begins the high school program before the 1997-1998 school year. 
 The following changes are adopted in sec.74.12 (relating to Recommended High 
School Program). New subsection (a) has been added to clarify that a student 
must satisfy the requirements in sec.74.12 to complete the recommended high 
school program and to have the accomplishment recognized on the academic 
achievement record. 
 As in sec.74.11, new language in sec.74.12(b) adds career and technology work-
based training courses to the list of allowable substitutions for physical 
education, as well as the standards that have been used in approving waivers for 
private physical activity. Also in subsection (b), a list of specific courses 
has been added to clarify the options available for satisfying the subject 
requirement of technology applications. 
 New subsection (b)(11) adds one-half credit of speech to the recommended high 
school program by reducing from three to two the number of credits a student 
must earn in languages other then English. Also as a result of reducing the 
language requirements, an additional one-half credit elective is made available 
in  sec.74.12(c) to a student who chooses Option I, II, or III to satisfy 
requirements in appropriate proficiency areas. A student who begins the 
recommended high school program in 1997-1998 will be required to earn the one-
half credit of speech. 
 The following changes are adopted in sec.74.13 (relating to Distinguished 
Achievement Program). In subsection (a), text concerning the requirements for 
physical education and technology applications has been modified to match the 
changes in sec.74.12(b). Also, new language adds one-half credit of speech to 
the distinguished achievement program by reducing from three to two and one-half 
the number of credits allowed as electives for a student who chooses Option I, 
II, or III to satisfy requirements in appropriate proficiency areas. A student 
who begins the distinguished achievement program in 1997-1998 will be required 
to earn the one-half credit of speech. 
 In sec.74.14 (relating to Academic Achievement Record), language in subsection 
(e) has been modified to change the procedure for noting on a student's academic 
achievement record that the student has received a certificate of coursework 
completion. The academic achievement record will include a notation of the date 
the certificate was issued to the student, rather than a seal. 
 In sec.74.21 (relating to Schedule for Implementation), a cross-reference in 
paragraph (2) has been corrected. 
 The following changes are adopted in sec.74.26 (relating to Award of Credit). 
Based on public comment, language has been added to subsection (b) to clarify 
that high school courses may be taken and credit awarded before Grade 9. 
Language has been added to subsection (c) to clarify that the standards referred 
to are those of the essential knowledge and skills curriculum. 
 In sec.74.27 (relating to Innovative Courses and Programs), the date listed in 
subsection (a)(1) by which an experimental course approved in a previous year 
for state credit toward graduation will cease to be approved has been changed. 
Public comment has been received pointing out that the proposed expiration date 
follows almost immediately the scheduled adoption of the new Texas essential 
knowledge and skills (TEKS). School districts would not have time to review the 
new TEKS and develop and receive approval for new innovative courses by August 
31, 1997. Therefore, this date has been changed to August 31, 1998. 
 The following changes are adopted in sec.74.28 (relating to Students with 
Dyslexia and Related Disorders). Throughout the section, the title of the SBOE 
guidelines concerning dyslexia has been corrected to read "Procedures Concerning 
Dyslexia and Related Disorders," and several editorial changes have been made to 
clarify the text. 
 In subsection (b), the term "methods" has been replaced with the term 
"strategies" to clarify that SBOE is not prescribing methodology. Language has 
been added to subsection (f) to clarify that a school district may, with the 
approval of each student's parents or guardians, offer additional services 
related to dyslexia and related disorders at a centralized location; however, 
these services shall not preclude each student from receiving services at his or 
her campus. 
 Language has been added to subsection (g) to clarify that the program for early 
identification, intervention, and support for students with dyslexia and related 
disorders must be available in each school district as outlined in the SBOE 
"Procedures Concerning Dyslexia and Related Disorders." Finally, language has 
been added to subsection (h) to clarify the content of a parent education 
program for parents/guardians of students with dyslexia and related disorders. 
 The following changes are adopted in sec.74.30 (relating to Identification of 
Advanced Courses). In subsection (a), English IV courses and allowable 
substitutions have been deleted as advanced courses because a fourth credit of 
English is required of all students and the courses are not advanced-level 
courses. New subsection (b) has been added to require that a school district 
identify an advanced course before the semester in which any exemption related 
to extracurricular activities occurs. 
 The following comments have been received regarding adoption of new Chapter 74. 
The comments are organized by subchapter and section. 
 Subchapter A. Required Curriculum. 
 sec.74.1. Essential Elements Mandated. 
 Issue: list of courses in enrichment curriculum-sec.74.1(a)(2). 
 Comment. The following comments were received from the Texas Music Educators 
Association (TMEA). The listing of enrichment curriculum was amended at the last 
SBOE meeting to move economics to subparagraph (A) in the list. This change 
placed the curriculum list in a different order from Senate Bill 1. It is our 
understanding there was no effort in the drafting of Senate Bill 1 to place 
these courses in a prioritization of order based on importance. Since the 
purpose of sec.74.1 is to simply restate the language of Senate Bill 1, to 
change the order here from the order in Senate Bill 1 could create confusion and 
raise unnecessary questions. Our recommendation is to restore the order of 
listing of enrichment courses to the original order as presented in the Texas 
Education Code. 
 Comment. The following comments were received from the Texas Association for 
Language Supervision (TALS). The association objects to the change approved at 
first reading. The association's position is that the intent of the legislation 
is clear in placing languages other than English first on the list of the 
enrichment curriculum. 
 Agency Response. The section was amended at second reading to restore the list 
of courses in the enrichment curriculum as shown in Senate Bill 1. 
 Issue: distinction between rules and guidelines-sec.74.1(c). 
 Comment. The following comments were received from the Texas Art Education 
Association (TAEA). The association recommends amending the last two sentences 
of sec.74.1(c) to read as follows. "A school district may add elements at its 
discretion but must not delete or omit instruction in the required curriculum 
specified in subsection (a) of this section. A district must use the essential 
elements as guidelines in providing instruction in the required curriculum." 
 Comment. The following comments were received from the Texas Association for 
Language Supervision (TALS). The association recommends amending the last 
sentence of sec.74.1(c) to read as follows. "A district must use the essential 
elements as guidelines in providing instruction in the required curriculum." 
 Agency Response. There is a distinction between "requirements" and "guidelines" 
in the statutes (Texas Education Code (TEC), sec.28.002(c) and (d)) . Districts 
are "required" to provide instruction in the essential knowledge and skills in 
the foundation curriculum. On the other hand, school districts can use the 
essential knowledge and skills in the enrichment curriculum as "guidelines" in 
providing instruction. 
 sec.74.2. Description of a Required Elementary Curriculum. 
 sec.74.3. Description of a Required Secondary Curriculum. 
 Issue: sufficient time for teaching and learning. 
 Comment. The following comments were received from the Texas Classroom Teachers 
Association (TCTA). With regard to sec. sec.74.2, 74.3(a), and 74.3(b), we are 
concerned that the current language could lead districts with low Texas 
Assessment of Academic Skills (TAAS) scores to lengthen the school day and/or 
school year by seeming to establish an open-ended but indefinable time measure 
of adequacy for required instruction. We recommend instead the following 
language. "The district must ensure that instructional time is properly 
allocated and preserved to enable teachers to teach and students to learn the 
essential elements." We feel that this language moves away from the question of 
what constitutes "sufficient time" for all teachers and for all students (which 
can be a perplexing determination in extreme instances), and it shifts the 
school district's obligation toward maximizing instructional time by adequately 
structuring the school day/year and rigorously protecting instructional time 
from erosion by interruptions, pull-outs, and non-academic endeavors. This 
change would better exemplify the philosophy of abandoning time measures in 
favor of content measures that underlies the move to eliminate Carnegie units in 
the middle grades. 
 Agency Response. The text was not changed. The intent is to ensure that all 
required curriculum is provided to students. 
 Comment. The following comments were received from the Association of Texas 
Professional Educators (ATPE). The association recommends that the current 
language in the rules relating to "sufficient time" for teachers to teach and 
for students to learn the essential elements be maintained since there is no 
longer any state requirement on the number of minutes each subject should be 
taught. In addition, the evaluation of teachers, principals, and presumably 
other professionals based on student performance is now a function of state law 
and local policy in many school districts. A balance of burden on the part of 
school districts must be maintained to provide educators and students sufficient 
time in the school day to focus on academic achievement. 
 Agency Response. The TEA agrees with the comments. 
 sec.74.3. Description of a Required Secondary Curriculum. 
 Issue: curriculum requirements for middle Grades 6-8. 
 Comment. The following comments were received from the Texas Classroom Teachers 
Association (TCTA). The association supports local determination of the 
structure of the curriculum in Grades 6-8, in place of the current credit or 
Carnegie units structure for those grades. This would give school districts the 
flexibility to structure their middle school curriculum according to content 
measures rather than units of credit, which we believe can be beneficial in many 
situations. 
 Agency Response. The TEA agrees with the comments. 
 Issue: science laboratory requirements. 
 Comment. The following comments were received from the Wild Basin Preserve. Add 
Environmental Science to the list of courses districts are required to offer in 
Grades 9-12. 
 Agency Response. Environmental Science can be taken as an elective. This 
section only lists those courses students must have access to for high school 
graduation. 
 Comment. The following comments were received from the Wild Basin Preserve. Add 
the following text to the last sentence of each of sec.sec.74.2, 74.3(a), and 
74.3(b): "...developmentally appropriate instruction for all student 
populations, and including field investigations based on the essential knowledge 
and skills." 
 Agency Response. This concept would more appropriately be expressed in the 
essential knowledge and skills. The State Board of Education (SBOE) may not 
prescribe methodology in these rules. 
 Comment. The following comments were received from two individuals. Require at 
least 40%, preferably 60%, of science education to be hands-on lab science. 
 Agency Response. The rules require 40% hands-on laboratory investigations and 
field work. 
 Comment. The following comments were received from two individuals. Change the 
wording of lab investigations and field work to "lab and field investigations," 
and change the components of the research design section to: descriptive, 
comparative data analysis (not historical inquiry), and experimental. 
 Agency Response. This change was not made. The types of scientific inquiry are 
not listed in the rule. The term used is "appropriate scientific inquiry." 
 Issue: fine arts courses. 
 Comment. The following comments were received from the Texas Association for 
Health, Physical Education, Recreation, and Dance (TAHPERD). The association 
supports the addition of dance as a fine art in the secondary curriculum. 
 Agency Response. This provision was adopted in the rules at second reading. 
 Comment. The following comments were received from the Texas Music Educators 
Association (TMEA). Require districts to offer three of the four fine arts, 
rather than two of the four. 
 Agency Response. This change was not proposed at second reading in order to 
minimize the impact of the rule changes on local school districts. 
 Comment. The following comments were received from the Texas Music Educators 
Association (TMEA). Retain dance as one of the fine arts areas as passed at 
first reading. 
 Agency Response. The TEA agrees with the comments. 
 Comment. The following comments were received from an individual. Include 
public speaking as a fine art and allow students to accumulate fine arts credit 
through the study of speech. 
 Agency Response. This change was not made; however, a requirement of one-half 
credit in speech was added to the minimum, the recommended, and the 
distinguished achievement programs at second reading. 
 Subchapter B. Graduation Requirements. 
 sec.74.11. High School Graduation Requirements. 
 Comment. The following comments were received from Texans for Education. 
Section 74.11 defines the minimum high school graduation requirements and is the 
only place where receipt of a diploma is referenced. This section states that a 
student must complete at least 22 credits to receive a high school diploma and 
then proceeds to define the minimum high school graduation requirements. It is 
our understanding that a student receives a diploma by completing the 
requirements of either the minimum program, the recommended high school program, 
or the distinguished achievement program. We believe that some additional 
language is needed in sec.74.11 to clarify receipt of a diploma through these 
three programs. 
 Agency Response. Texans for Education offered substitute language that was 
included in the section as adopted at second reading. 
 Issue: science. 
 Comment. The following comments were received from two individuals. Increase 
science credits from two to three. 
 Comment. The following comments were received from the Texas Association of 
Biology Teachers (TABT). Require three credits of science for graduation. Allow 
students to choose three credits from all science courses approved by SBOE. 
 Agency Response. At second reading, the social studies requirement was reduced 
from three and one-half to two and one-half credits. A new, one-credit academic 
elective was added that must be chosen from World History Studies, World 
Geography Studies, or science. 
 Issue: social studies. 
 Comment. The following comments were received from the Texas Alliance for 
Geographic Education (TAGE) and an individual. Both extend compliments to SBOE 
for requiring both World History Studies and World Geography Studies in the 
minimum high school program. 
 Agency Response. Several comments were received in support of increased science 
requirements. Therefore, rather than increasing the requirements for science or 
social studies, SBOE approved a new, one-credit academic elective to be chosen 
from World History Studies, World Geography Studies, or science. 
 Issue: substitutions for physical education (P.E.). 
 Comment. The following comments were received from the Texas Association for 
Health, Physical Education, Recreation, and Dance (TAHPERD). Approval criteria 
of substitutions for private or commercially-sponsored physical activity should 
include the following: that the qualifications of the instructor equal or exceed 
that of a certified P.E. teacher; and that the amount of effort committed to the 
program should be compared to what the student would commit to the school P.E. 
program. 
 Agency Response. The criteria for approval of these courses was added at second 
reading and should substantially meet the intent of the comment. 
 Comment. The following comments were received from the Texas Classroom Teachers 
Association (TCTA). The association supports maintaining the current state 
physical education requirement of one and one-half credits, including 
Foundations of Personal Fitness. The TCTA also supports maintaining the current 
maximum of two state credits for physical education. Finally, if the SBOE 
increases the number of state credits allowable for physical education from two 
to three or four, TCTA supports maintaining the current maximum of two physical 
education credits for which physical activities may be substituted, provided 
that the existing language permitting students to substitute certain physical 
activities for the one and one-half required credits of physical education is 
changed to correspond with the present practice of allowing substitutions for up 
to two credits (including one-half elective credit). 
 Comment. The following comments were received from the Texas Music Educators 
Association (TMEA). This language retains the substitution of certain activities 
for P.E. This language has met the needs of literally thousands of students 
through the years, giving them the flexibility to participate in a fine arts 
track they value (i.e., band) and still have the flexibility to take additional 
academic courses. This becomes even more important when electives opportunities 
are being decreased in the new plans. 
 Comment. The following comments were received from an individual. The SBOE 
should consider leaving the substitution of work-based career and technology 
courses for P.E. credits. This would afford students more opportunities to 
enroll in specific job training while in high school and would support the 
development of a highly trained work force. 
 Comment. The following comments were received from the PRIDE Academic Center, 
San Marcos. Elimination of substitute P.E. credit through vocational work-based 
courses would adversely affect a number of students, especially students in 
alternative schools. 
 Comment. The following comments were received from Katy ISD. Katy ISD asks SBOE 
to reconsider the deletion of multi-period career and technology education 
(C.A.T.E.) courses for the high school P.E. requirement. The option to 
substitute is not a standard recommendation for students who are considering 
placement in multi- period C.A.T.E. courses. However, it is an option for 
students who have a well-defined graduation plan in which a coherent sequence of 
courses mandate a need for the P.E. waiver. 
 Comment. The following comments were received in response to a TEA survey of 
high schools with work- based career and technology programs. Elimination of the 
work-based programs as a substitution for P.E. would affect large numbers of 
students, particularly in the urban areas. Also in the urban areas, this policy 
change would have major implications on the availability of facilities and the 
hiring of staff. 
 Comment. The following comments were received from the Texas Music Educators 
Association (TMEA) and two individuals. Marching band should continue to fulfill 
the P.E. requirement. 
 Comment. The following summary of school district comments was received from 
the Region 11 Education Service Center. Career and technology courses will be 
impacted by not allowing the substitution of P.E. courses for credit. 
 Comment. The following comments were received from the Texas Association for 
Health, Physical Education, Recreation, and Dance (TAHPERD). Substitutions for 
physical education should only be allowed after students have completed the 
Foundations of Personal Fitness course, and then only for athletics and dance, 
which are natural extensions of movement and fitness education. 
 Agency Response. After receiving multiple comments on this issue, the text 
modified at second reading to include Foundations of Personal Fitness, but to 
allow all previously approved substitutions for P.E., including athletics; 
career and technology courses; drill team, cheerleading, and marching band in 
the fall; ROTC; and Dance I-IV. 
 Issue: P.E. credits in high school. 
 Comment. The following comments were received from the Texas Association for 
Health, Physical Education, Recreation, and Dance (TAHPERD). Increase the limit 
on physical education credits allowed for graduation credit from two to three. 
 Agency Response. At second reading, the SBOE voted to change the limit back to 
two credits. 
 Comment. The following comments were received from an individual. Allow up to 
four credits for physical education. Require all students to take the 
Foundations of Personal Fitness with no substitutions. Allowable substitutions 
for P.E. should only be for vigorous activities which are truly related to 
exercise, fitness, or sports. 
 Agency Response. The SBOE voted to allow up to two credits for P.E., to allow 
substitutions for Foundations of Personal Fitness, and to return to all 
previously approved allowable substitutions for P.E. 
 Comment. The following comments were received from Texans for Education. We do 
not support the addition of another credit of physical education that can be 
substituted to allow students to get credit for drill team and other 
extracurricular activities. If SBOE does decide to add another credit of 
physical education, we would prefer that the credit not be allowed to be 
substituted and that students actually take a credit of physical education. We 
believe that taking an actual physical education class will help students get 
the knowledge and skills they need in movement and health-related fitness that 
will help them take responsibility for active, healthy lifestyles. 
 Agency Response. At second reading, SBOE adopted alternative wording provided 
by Texans for Education, moving from three to two credits allowed for P.E. 
 Comment. The following comments were received from an individual. The 
individual opposes allowing three credits for P.E. 
 Agency Response. The rules as adopted allows only two credits for P.E. 
 Issue: requirements for one-half credit in speech. 
 Comment. The following comments were received from the Texas Speech 
Communication Association (TSCA). If the intent is for every student in the 
minimum program to complete an oral communications course, the courses should be 
Speech Communication, Public Speaking, Debate, and Oral Interpretation. 
 Agency Response. This proposed wording was adopted at second reading. 
 Comment. The following comments were received from an individual. The 
individual expressed concern that speech will no longer be a substitute for fine 
arts credit for high school students. 
 Agency Response. The rules as adopted will require one-half credit in speech in 
the minimum, the recommended, and the distinguished achievement programs. 
 Comment. The following comments were received from the Texas Association of 
School Administrators (TASA). The association supports adding speech to both the 
recommended and distinguished diploma plans. If speech is appropriate for the 
minimum program, then we believe it is also appropriate for the other diploma 
plans. 
 Agency Response. These requested requirements were adopted at second reading. 
 Comment. The following comments were received from the Texas Music Educators 
Association (TMEA). There was much discussion at the last meeting of association 
representatives at TEA regarding the placement of the speech requirement in 
these plans. If the speech requirement is retained, we believe it should be 
limited to the minimum plan only. Only option one in the recommended program 
allows the flexibility of one elective. Options two and three do not allow any 
electives. It was the philosophy at that time to create a plan that would not 
surpass 24 credits. Again, if students desire to pursue a four-year elective 
track such as music, then their load is full, and increasing requirements seems 
illogical and impractical. Furthermore, if students are pursuing the 
distinguished achievement plan, they will have to meet advanced measures that 
will be time consuming and demanding. Again, we feel we have to be realistic 
about what we ask of students as it pertains to time and ultimately a heightened 
stress level. 
 Agency Response. At second reading, SBOE adopted language that would increase 
electives in the recommended program by dropping from three to two the number of 
credits required in languages other than English; by adding one-half credit in 
speech; and by adding one-half credit in electives. In the distinguished 
achievement program, no reduction was made in language requirements. One-half 
credit in speech was added, and one-half credit in electives was deleted. 
 Comment. The following comments were received from the Texas Music Educators 
Association (TMEA). Adding speech will increase requirements with less elective 
opportunities. Please review the speech requirement as part of the English 
language arts discipline, as it is in the Texas essential knowledge and skills 
(TEKS). 
 Agency Response. The speech requirement was maintained. The rationale is that 
students need to be able to communicate in the workplace. 
 Comment. The following comments were received from Texans for Education. While 
we recognize the importance of good written and oral communication skills, we do 
not concur that one-half credit of speech should be a requirement of all 
students seeking a diploma. We believe that written and oral communications 
skills should more appropriately be learned through an integrated curriculum, 
and "essential elements" of oral communications skills should be integrated into 
the English language arts essential knowledge and skills that are currently 
being developed. We would ask SBOE to delay a decision on this issue until the 
revision of the Essential Knowledge and Skills is completed later this fall. 
 Agency Response. The speech requirement was maintained. The rationale is that 
students need to be able to communicate in the workplace. 
 Comment. The following comments were received from Temple ISD. Speech should be 
included in the language arts curriculum. 
 Agency Response. Speech was added as a specific subject in order to require it 
of all graduating students. 
 Comment. The following comments were received from the Texas Music Educators 
Association (TMEA). Do not add speech to the recommended and distinguished 
achievement programs, even if one-half credit in speech is required in the 
minimum program. 
 Agency Response. Speech was added to the two advanced programs, but the 
programs were modified to allow speech to be taken within a 24-credit program. 
 Comment. The following comments were received from Dallas ISD. If the one-half 
credit in speech is required for all students, please consider ways of allowing 
teachers with a variety of certifications (speech, English, business, etc.) to 
teach the course. This will help with shortages. 
 Agency Response. This is not an issue addressed in the rules for curriculum. 
 Comment. The following comments were received from the Urban Curriculum 
Council. Include speech as a communication strand within the required social 
studies courses. Teachers should be trained and recertified to teach those "dual 
credit" courses. The inclusion of speech within social studies will ensure 
application of communication skills in a relevant context. Districts should also 
be required to assess and monitor the students' skills. 
 Agency Response. Speech was added as a specific subject in order to require it 
of all graduating students. 
 Comment. The following comments were received from two individuals. The 
individuals urged SBOE to consider the impact of a required speech 
communications course on students who have an anxiety disorder called "social 
phobia." They suggested developing an alternative course for these students or 
allowing them to be exempted from the course. 
 Agency Response. Students with an identified anxiety disorder may be eligible 
under the Rehabilitation Act of 1973, sec.504, or the Individuals with 
Disabilities Education Act (IDEA) for services designed to meet their unique 
needs. As such, the "504 Committee" or the special education admission, review, 
and dismissal (ARD) committee would be able to design the appropriate services 
to either assist the student in successfully completing the course or to modify 
the requirements. 
 Comment. The following comments were received from an individual. Incorporate a 
minimum requirement of one-half unit in "speech" into the high school education 
program. 
 Agency Response. This was included in the rules as adopted. 
 Issue: reading improvement. 
 Comment. The following comments were received from the Texas Classroom Teachers 
Association (TCTA). The association supports SBOE continuing to grant state 
credit for reading improvement courses at the high school level, provided that 
appropriate standards are enforced to ensure high quality and that the courses 
are taught by qualified reading specialists. Such courses should focus on the 
needs of high school students with reading deficiencies. Students who are good 
readers but who wish to improve their reading skills should be directed toward 
other, higher-level reading courses in the English language arts curriculum. 
 Agency Response. Reading was retained at second reading. Placement of students 
in reading was left to the discretion of local school districts. 
 Comment. The following comments were received from the Texas Association of 
School Administrators (TASA). The association recommends striking the word 
"identified." We support allowing any student to receive three credits for 
reading, not just "identified" students. Research clearly indicates that 
improved reading translates into better performance, better test scores, and 
better preparation for life. 
 Agency Response. Placement of students in reading was left to the discretion of 
local districts. 
 Comment. The following comments were received from two individuals. The 
individuals commented about the perceived reading crisis in Texas and asked SBOE 
to not delete the credit for high school level reading improvement classes. 
 Agency Response. The rules as adopted will allow up to three credits in 
reading. 
 Issue: number of credits required for graduation. 
 Comment. The following comments were received from the Texas Classroom Teachers 
Association (TCTA). The association opposes stipulation of any additional 
courses in the minimum high school program. If credits required for graduation 
are increased from 21 to 22, then the number of electives should increase from 
seven to eight. 
 Comment. The following comments were received from an individual. Children have 
enough classes now. They don't need more courses and more credits to get to 
graduate. 
 Comment. The following comments were received from the Texas Music Educators 
Association (TMEA). We support the increase of credits from 21 to 22 credits but 
are concerned that, while credits required are increasing, the opportunity for 
electives is decreasing by one and one-half credits. The new plan required one-
half credit of speech, one additional credit of social studies, and one credit 
of technology applications. We agree that students need to be able to 
communicate to be effective in today's business world and society. However, 
speech is a part of the English language arts curriculum as defined in the 
current essential elements and will become an even more integral part of the 
English language arts requirements in the new TEKS. Perhaps the teaching of 
speech could be addressed through that discipline. In addition, we hope that 
there would be much flexibility in allowing students the opportunity to display 
skills meeting the technology application requirement. 
 Comment. The following comments were received from an individual. The 
requirement of credits in speech, technology, and additional social studies for 
graduation from high school could penalize students who are already taking a 
rigorous curriculum, focusing, for example, on math, science, and foreign 
language. 
 Comment. The following comments were received from the Texas Music Educators 
Association (TMEA). Minimize requirements in the minimum high school program so 
that students have the opportunity to take electives in which they have an 
interest. 
 Comment. The following comments were received from Harmony ISD. Harmony ISD 
supports the increased number of required credits for graduation, but not the 
increased number (three credits) of P.E. credits allowed. 
 Comment. The following comments were received from the Texas Music Education 
Association (TMEA). Rather than recommending one more credit in social studies 
or science, give students a choice such as that in Option III of the recommended 
high school program. 
 Agency Response. Based on many comments, SBOE decided at second reading to: 
increase minimum graduation requirements from 21 to 22 credits; add a new 
"social studies/science" elective; return to the two-credit limit in P.E.; 
require one-half credit in speech; require one credit in technology education; 
and lower electives from seven to five and one-half credits. The rationale for 
each of these decisions is stated in agency responses to other public comments 
listed in this section of the preamble. 
 sec.74.12. Recommended High School Program. 
 sec.74.13. Distinguished Achievement Program. 
 Issue: languages other than English. 
 Comment. The following comments were received from the Texas Foreign Language 
Association (TFLA). The association supports the foreign language requirements 
in the recommended and distinguished achievement programs. 
 Comment. The following comments were received from the Urban Curriculum 
Council. Maintain the three credits of a second language in the recommended high 
school program because proficiency is difficult to achieve in two years. Many 
districts have strengthened their language programs by securing a budget for 
technology for language labs, preparation of more teachers, implementing 
language programs in elementary and middle schools, and gaining the support of 
parents, students, and teachers. These efforts should be continued and 
strengthened in order to provide students with tools for the world of work. 
 Comment. The following summary of school district comments was received from 
the Region 11 Education Service Center. Do not require a third year of foreign 
language in the recommended high school program. This is very hard to schedule. 
 Agency Response. Language was adopted on second reading that reduces the 
foreign language credits in the recommended high school program from three to 
two so that a speech credit can be added. The three-credit requirement in 
foreign language was maintained in the distinguished achievement program. 
 Issue: private or commercially-sponsored physical activity program. 
 Comment. The following comments were received from the Texas Association for 
Health, Physical Education, Recreation, and Dance (TAHPERD). If P.E. 
substitutions are allowed in the minimum program for private or commercially-
sponsored physical activity programs, then the recommended program and the 
distinguished achievement program rules should be changed for consistency. 
 Agency Response. The requested modifications were made at second reading. 
 Comment. The following summary of school district comments was received from 
the Region 11 Education Service Center. Do not allow waivers for physical 
education credit from community and private organizations off- campus. 
 Agency Response. These waivers will still be allowed in the rules as adopted, 
but the criteria for approval are spelled out in the rules. 
 sec.74.12. Recommended High School Program. 
 Comment. The following comments were received from Texans for Education. The 
recommended high school program is intended to recognize a student's efforts to 
undertake more rigorous academic coursework. We believe that such recognition 
should appear on a student's academic achievement record and suggest the 
inclusion of language at the beginning of sec.74.12 similar to language found at 
the beginning of sec.74.13. 
 Agency Response. Language provided by Texans for Education was included in the 
rules as adopted at second reading. 
 sec.74.13. Distinguished Achievement Program. 
 Issue: advanced measures. 
 Comment. The following comments were received from the Texas Association of 
School Administrators (TASA). It is unclear who reviews the "measures" and what 
the measures are. Is this going to be included as a separate subsection in the 
rules? This needs additional clarification. 
 Agency Response. The measures are listed in Attachment II of the April 1996 
SBOE agenda. They are also adopted by SBOE and are listed in TEA publications. 
 Issue: technology applications. 
 Comment. The following comments were received from the Association of Texas 
Professional Educators (ATPE). The association recommends that Industrial 
Technology Computer Applications (ITCA) be included in the list of computer-
related courses identified in this provision of the rules. We believe the 
essential elements established for the ITCA course are suitable for inclusion in 
both the recommended and distinguished graduation programs. In addition, TEA has 
routinely qualified the ITCA course as meeting the computer science requirement 
of the current advanced high school program. 
 Comment. The following comments were received from the technology applications 
clarification team. Amend Chapter 74 to substitute the term "technology 
applications" for the terms "computing," "computer science," "computer 
technology," etc. 
 Comment. The following comments were received from the Association of Texas 
Technology Education (ATTE). Allow Industrial Technology Computer Applications 
to be an acceptable course for technology applications. Adopt an official 
definition of "technology." 
 Agency Response. These two modifications were made at second reading. 
 Comment. The following comments were received from an individual. Students 
should have the option to choose computer classes that will best fit their 
career goals. 
 Agency Response. The rules as adopted provide a series of options to meet the 
technology applications requirements. This should allow students to take classes 
to fit their career goals. 
 sec.74.14. Academic Achievement Record (Transcript). 
 Issue: seal for certificate of coursework completion. 
 Comment. The following comments were received from Texans for Education. We are 
concerned about a reference in the rules to a seal for the "certificate of 
coursework completion" which the SBOE is to adopt that will be placed on a 
student's academic achievement record. A certificate of coursework completion is 
not the equivalent of a high school diploma, and we are concerned that a seal 
gives more emphasis to the certificate of coursework completion than is 
appropriate. Currently, SBOE has seals to recognize the completion of the 
recommended high school program and the distinguished achievement program, both 
of which demonstrate that a student has taken a rigorous academic course load. 
We do not believe a certificate of coursework completion should be recognized in 
the same manner as those high achievements. The academic achievement record SBOE 
is currently considering does have a place to designate when a certificate of 
coursework completion was awarded, and we believe that is sufficient 
recognition. We recommend the deletion of rule text relating to a seal for the 
certificate of coursework completion. 
 Agency Response. The rules were modified at second reading to make it clear 
that the academic achievement record (AAR) would only be annotated when a 
certificate of coursework completion was issued. This was because such a seal 
would not be necessary and could be misleading. 
 Subchapter C. Other Provisions. 
 sec.74.21. Schedule for Implementation. 
 Issue: implementation dates. 
 Comment. The following comments were received from Richardson ISD. It was 
pointed out that all rules in Chapter 75 will expire in August 1996 unless 
readopted. Therefore, the rules for the minimum high school program will need to 
be readopted for the 1996-1997 school year. 
 Comment. The following comments were received from the Texas Classroom Teachers 
Association (TCTA). The rules do not cover the middle school for 1996-1997 
because sec.74.21 sets implementation for 1997-1998 for all secondary level 
rules. 
 Agency Response. This was corrected in the rules as adopted. 
 Comment. The following comments were received from an individual. Review the 
August 1997 expiration date for experimental courses. If the TEKS are adopted in 
May 1997, districts will not have time to review course needs, develop new 
innovative courses, and receive approval in time for the 1997-1998 school year. 
 Agency Response. The expiration date for experimental courses was changed from 
August 1997 to August 1998 to give school districts the additional time 
requested. 
 Comment. The following summary of school district comments was received from 
the Region 11 Education Service Center. New graduation requirements should be 
done on a 10-year time line. 
 Agency Response. The rules as adopted provide a five-year time line for 1996-
1997 eighth graders. 
 sec.74.24. Credit by Examination. 
 Issue: credit by examination. 
 Comment. The following comments were received from the Texas Association of 
School Administrators (TASA). The association supports the eliminating the 
phrase "at least five days each semester" and substituting the phrase "at least 
five days per calendar year." 
 Comment. The following comments were received from an individual. Change the 
wording in sec.74.24 from "at least five days each semester" to "five days 
between January 1 and June 30 and five days between July 1 and December 31." 
This would assist schools that offer four nine-week "semesters" every year on 
accelerated block schedules. 
 Comment. The following comments were received from the Texas Elementary 
Principals and Supervisors Association (TEPSA). The association suggests 
changing the wording in sec.74.24 to four required days per school year. 
 Agency Response. Proposed new sec.74.24 is being withdrawn and reproposed with 
language requiring six days per year, three between January 1 and June 30, and 
three between July 1 and December 31. 
 Comment. The following summary of school district comments was received from 
the Region 11 Education Service Center. The five-day period for credit by exam 
should be outside the school calendar. Once a semester is enough for credit by 
exam testing. 
 Agency Response. Proposed new sec.74.24 is being withdrawn and reproposed with 
language requiring six days per year, three between January 1 and June 30, and 
three between July 1 and December 31. 
 Comment. The following summary of school district comments was received from 
the Region 11 Education Service Center. Districts should not have to pay for the 
credit by exam testing. 
 Agency Response. State statute does not allow districts to charge for 
examinations; however, proposed new sec.74.24 is being withdrawn and reproposed 
with language providing parents the option of purchasing tests to be 
administered by the district. 
 Comment. The following summary of school district comments was received from 
the Region 11 Education Service Center. Maintain the 90% standard on credit by 
exam. This should not be lowered. 
 Agency Response. The TEA agrees with the comment. 
 sec.74.26. Award of Credit. 
 Issue: grading. 
 Comment. The following comments were received from the Association of Texas 
Professional Educators (ATPE). Amend sec.74.26 to include the following 
language. "Credit for courses for high school graduation may be earned only if 
the student received a grade which is the equivalent of 70 on a scale of 100, 
based upon demonstrated proficiency of the essential knowledge and skills or 
course-level, grade-level standards." 
 Agency Response. The rules as adopted retain the original wording but include 
the final phrase "of the essential knowledge and skills curriculum." This should 
meet the intent of the comment. 
 Comment. The following comments were received from DeSoto ISD. DeSoto ISD 
disagrees with a law that does not include within itself a scale or allow a 
local board to provide for some type of pass-fail scale for honors and advanced 
students or the opportunity to utilize the same system for all students. 
 Agency Response. The rules as adopted identify the advanced-level courses that 
districts may use for the purpose of extracurricular activities and provides for 
a passing standard of 70% for courses related to high school graduation. 
 Comment. The following comments were received from Texans for Education. 
Section 74.26 allows for a student to receive credit for a course when the 
student has demonstrated proficiency in the subject matter, regardless of the 
time the student has received instruction. This language is necessary to ensure 
that a student can receive high school coursework credits at grades other than 
Grades 9-12. However, we do not believe that this language is as clear as 
language that existed in the previous curriculum rules. We would suggest that 
language from the previous curriculum rules be incorporated in the section to 
clearly relate this concept of award of credit. We recommend the following 
language. 
 "Districts may offer courses designated for Grades 9-12 (refer to sec.74.11) in 
earlier grade levels. A course may be considered completed and credit may be 
awarded if the student has demonstrated achievement by meeting the standard 
requirements of the course, including demonstrated proficiency in the subject 
matter, regardless of the time the student has received instruction in the 
course or the grade level at which proficiency was attained. The academic 
achievement record (transcript) shall reflect that students have satisfactorily 
completed courses at earlier grade levels than Grades 9-12 and have been awarded 
state graduation credits." 
 Agency Response. This change was made in the rules as adopted. 
 sec.74.28. Students with Dyslexia and Related Disorders. 
 Issue: dyslexia. 
 Comment. The following comments were received from Texas PTA. Add the following 
language to sec.74.28. "Students with identified dyslexia or related disorders 
shall be permitted to use modifications listed in their individual educational 
plans (IEPs) on all standardized tests." 
 Response: This language has not been added because modifications are already 
possible and are addressed in the test administration procedures. Modifications 
are not allowed in cases where the modification would invalidate the test. In 
those cases, the IEP could exempt the student from the test. 
 Comment. The following comments were received from the Texas Association of 
School Administrators (TASA). In sec.74.28, TASA recommends striking the 
following sentence. "These procedures will be monitored by TEA with on-site 
visits conducted as appropriate." The rationale for this is simple-as TEA staff 
indicated at the February 26 meeting, all programs can be monitored by TEA, so 
this is unnecessary language. 
 Agency Response. This language has been retained. 
 Comment. The following comments were received from the Texas Association of 
School Administrators (TASA). Subsections (b) and (c) refer to teachers trained 
in dyslexia. The association is very concerned about the meaning or the intent 
of this phrase. If the rules are suggesting that teachers must be "licensed," we 
would strongly oppose such meaning. The cost of licensed teachers would place an 
extreme financial burden on school districts. If this is not the intent, we ask 
for further clarification or that the reference be eliminated completely. (Note: 
this reference is also included in subsection (f) ). 
 Agency Response. The term "trained" does not mean licensed or certified. 
 Comment. The following comments were received from the Texas Association of 
School Administrators (TASA). Subsection (f) is confusing and appears 
superfluous in that subsection (a) already requires school districts to both 
identify a student with dyslexia and provide appropriate instructional services 
to the student. What is meant by the provision requiring each school to provide 
each campus access to the services of teachers trained in dyslexia and related 
disorders? Will this require districts to bus students from one campus to the 
other? Again, we believe that subsection (a) is all that is needed. 
 Agency Response. The rules as adopted substitutes the term "identified student" 
for "campus," but the districts would be responsible for providing the student 
with needed services. 
 Comment. The following comments were received from the Texas Association of 
School Administrators (TASA). The association recommends striking subsections 
(g) and (h) entirely. Subsection (a) includes the requirement that districts 
must identify and provide services, so subsection (g) becomes unnecessary. Since 
subsection (h) is permissive, not mandatory, does it belong in rule? 
 Agency Response. Language as adopted for subsection (g) refers to 
identification procedures that districts should have in place; subsection (h) 
simply identifies an additional optional program. 
 Comment. The following comments were received from Austin ISD. Revise the 
dyslexia section to delete the reference to on-site visits as a part of 
monitoring procedures. 
 Agency Response. No change was proposed, as the "on-site visits" are to be 
implemented "as appropriate." 
 Comment. The following comments were received from two individuals. The 
individuals expressed support for the language on dyslexia that was passed at 
first reading. 
 Agency Response. The rules as adopted were clarified to ensure that students 
have access to services and that districts can use identification procedures 
specified by SBOE. 
 Comment. The following summary of school district comments was received from 
the Region 11 Education Service Center. The SBOE should allow districts to 
pursue a variety of programs, services, and assessments for dyslexia in 
accordance with what is available in districts and what is appropriate to 
individual students. Districts should be able to choose a dyslexia program since 
many are cost prohibitive. The dyslexia rules are too specific. 
 Agency Response. Rule language refers to the SBOE "Procedures Concerning 
Dyslexia and Related Disorders," which are a set of flexible guidelines that 
allow local choices and options. 
 Comment. The following comments were received from the Orton Dyslexia Society; 
the Neuhaus Education Center, Houston; and four individuals. Concerning 
sec.74.28(a), adopt monitoring procedures to hold districts accountable if they 
violate the law about identifying and serving dyslexic students. 
 Agency Response. The rules as adopted have a new provision stating that this 
will be monitored by the TEA. 
 Concerning sec.74.28(b), testing for dyslexia should only be done by trained 
professionals. 
 Agency Response. The rules as adopted provide that screening should only be 
done by individuals/professionals who are trained to assess students for 
dyslexia and related disorders. 
 Concerning sec.74.28(c), phonetic and multisensory methods are required if 
these (dyslexic) students are to learn. 
 Agency Response. The rules already provide that teachers must be trained in 
instructional strategies which utilize individualized, intensive, multi-sensory, 
phonetic methods. 
 Concerning sec.74.28(d), parents/guardians must be notified to insure that 
students are protected. 
 Agency Response. This requirement is already in the current rules. 
 Concerning sec.74.28(e), parents/guardian are not always told of all the 
options that are available, especially sec.504. 
 Agency Response. The rules already make this a requirement. 
 Concerning sec.74.28(f), it is essential that students have easy access to a 
teacher trained in dyslexia and related disorders. 
 Agency Response. The rules as adopted will require schools to provide each 
student access at his or her campus to the services of a teacher trained in 
dyslexia and related disorders. 
 Concerning sec.74.28(g), early intervention is critical to the success of these 
students. 
 Agency Response. The rules were modified to make it clear that the program for 
early identification, intervention, and support is outlined in the "Procedures 
Concerning Dyslexia and Related Disorders." 
 Concerning sec.74.28(h), it is obvious throughout that parent education is 
badly needed. 
 Agency Response. The rules were modified to add the components of a parent 
education program. 
 Concerning sec.74.28(i), the subsection should allow for any modification of a 
TAAS test allowed under a student's IEP. 
 Agency Response. Modifications are already allowed as long as they don't 
invalidate the test. 
 sec.74.30. Identification of Advanced Courses. 
 Issue: identification of advanced courses. 
 Comment. The following comments were received from the Texas Classroom Teachers 
Association (TCTA). The association recommends modifying the current SBOE rules 
that allows courses on the "advanced list" to be exempted from the eligibility 
requirements for student participation in extracurricular activities. We 
recommend instead a provision that would allow school districts, for the purpose 
of determining eligibility for participation in extracurricular activities, to 
add up to 10 points to a student's grade in courses on the advanced list, as 
well as in advanced placement and pre-advanced placement courses offered by the 
College Board. 
 Comment. The following comments were received from DeSoto ISD. DeSoto ISD 
encourages state education officials to clarify this policy or allow local 
districts to write more stringent local rule governing no-pass, no-play. 
 Agency Response. The rules as adopted identifies the advanced-level courses 
that districts may use for the purpose of extracurricular activities and 
provides for a passing standard of 70% for courses related to high school 
graduation. 
 Comment. The following summary of school district comments was received from 
the Region 11 Education Service Center. Five districts commented that local 
boards should not have the option to add advanced level courses (see sec.74.30), 
while two districts commented that they should be permitted to identify their 
own courses. One district commented that fine arts should not be included in the 
advanced level list. 
 Agency Response. The rules as adopted allow local districts to identify their 
own advanced level courses as permitted in TEC, sec.33.081(c). 
   
  Subchapter A. Required Curriculum 
 
  19 TAC sec.sec.74.1-74.3 
 
  The new sections are adopted under the Texas Education Code, sec.28.002, which 
directs the State Board of Education to adopt rules related to essential 
knowledge and skills and required curricula. 
 
 
  sec.74.1. Essential Elements Mandated. 
 
  (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; 
   
  (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) Essential elements referred to in this chapter shall remain in use until 
the State Board of Education (SBOE) adopts the essential knowledge and skills 
for the curriculum required in Texas Education Code, sec.28.002. When SBOE 
adopts the essential knowledge and skills, the term "essential elements" shall 
be understood to mean essential knowledge and skills. 
   
  (c) A school district must provide instruction in the essential elements of 
the appropriate grade levels as specified in this subchapter; Chapter 75, 
Subchapter B, of this title (relating to Essential Elements-Prekindergarten-
Grade 6); Chapter 75, Subchapter C, of this title (relating to Essential 
Elements -Grades 7- 8); and Chapter 75, Subchapter D, of this title (relating to 
Essential Elements-Grades 9-12). A district is not required to offer the 
essential elements for prekindergarten. A school district may add elements at 
its discretion but must not delete or omit instruction in the foundation 
curriculum specified in subsection (a) of this section. A district must use the 
essential elements as guidelines in providing instruction in the enrichment 
curriculum specified in subsection (a) of this section. 
   
  (d) At least every five years, SBOE shall review and evaluate the 
appropriateness of the essential elements. When possible, changes in essential 
elements shall be made in sequence with the textbook adoption cycle. A school 
district must implement the changes no later than the date textbooks and 
instructional materials are available in the district. 
 
     
  sec.74.2. Description of a Required Elementary Curriculum.  A school district 
that offers kindergarten through Grade 5 must provide instruction in the 
essential elements described in Chapter 75, Subchapter B, of this title 
(relating to Essential Elements-Prekindergarten-Grade 6). The district must 
ensure that sufficient time is provided for teachers to teach and for students 
to learn the essential elements in 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. 
 
   
  sec.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 essential elements for Grades 6-8 as described in Chapter 75, 
Subchapter B, of this title (relating to Essential Elements-Prekindergarten-
Grade 6); and Chapter 75, Subchapter C, of this title (relating to Essential 
Elements-Grades 7-8). The district must ensure that sufficient time is provided 
for teachers to teach and for students to learn the essential elements in 
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 
essential elements described in Chapter 75, Subchapter D, of this title 
(relating to Essential Elements -Grades 9-12). The district must ensure that 
sufficient time is provided for teachers to teach and for students to learn the 
essential elements. 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, and Precalculus. 
(Trigonometry and either Elementary Analysis or Analytic Geometry may be offered 
in lieu of Precalculus); 
   
  (C) science-Biology I, Chemistry I, Physics I, and Physical Science or Science 
III. Science courses shall include at least 40% hands-on laboratory 
investigations and field work using appropriate scientific inquiry; 
   
  (D) social studies-United States History, World History Studies, United States 
Government, and World Geography Studies; 
   
  (E) economics with emphasis on the free enterprise system and its benefits; 
   
  (F) physical education-Physical Education IA (Foundations of Personal 
Fitness), Physical Education IB (Lifetime Activities), and Physical Education II 
(Intramural/Fitness for Life); 
   
  (G) health education; 
   
  (H) fine arts-courses selected from two of the four fine arts areas (art, 
music, theater, and dance); 
   
  (I) career and technology education-courses selected from three of the eight 
career and technology areas (agriculture science and technology education, 
business education, career orientation, health science technology education, 
home economics education, industrial technology education, marketing education, 
and trade and industrial education) taught on a campus in the school district 
with provisions for contracting for additional offerings with programs or 
institutions as may be practical; 
   
  (J) languages other than English-Levels I and II of the same language until 
the end of school year 1998-1999, and Levels I, II, and III beginning in the 
1999-2000 school year; 
   
  (K) technology applications-one unit of credit selected from a variety of 
computer-related courses as described in Chapter 75, Subchapter D, of this title 
(relating to Essential Elements -Grades 9-12), including Business Computer 
Applications I and II, Business Computer Programming I and II, Computer 
Applications, Computer Science I and II, Microcomputer Applications, Business 
Information Processing, Computer Mathematics, and Industrial Technology Computer 
Applications; and 
   
  (L) speech-at least one of the following: Introduction to Speech 
Communications, Public Speaking, Debate, or Oral Interpretation. 
     
  (3) The school district must provide each student the opportunity to 
participate in all courses listed in paragraph (2) of this subsection. The 
district must provide students the opportunity each year to select courses in 
which they intend to participate from a list that includes all courses in 
paragraph (2) of this subsection. The school district must teach a course that 
ten or more students indicate they will participate in or that is required for a 
student to graduate. For a course that fewer than ten students indicate they 
will participate in, the district must employ options described in Chapter 75, 
Subchapter C, of this title (relating to Other Provisions) to provide the course 
and must maintain evidence that it is employing those options. If the school 
district will not offer the required courses every year, but intends to offer 
particular courses only every other year, it must notify all enrolled students 
of that fact. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606345 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: September 1, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 463-9701 
         
               
  Subchapter B. Graduation Requirements 
 
  19 TAC sec.sec.74.11-74.14 
 
  The new sections are adopted under the Texas Education Code, sec.28.025, which 
directs SBOE to determine curriculum requirements for the minimum, recommended, 
and advanced high school programs that are consistent with the required 
curriculum under the Texas Education Code, sec.28.002, and to adopt transcript 
forms designed to differentiate between the minimum, recommended, and advanced 
high school programs and identify whether a student received a diploma or a 
certificate of coursework completion. 
 
 
  sec.74.11. High School Graduation Requirements. 
 
  (a) Graduates of each high school are awarded the same type of diploma. The 
academic achievement record (transcript), rather than the diploma, records 
individual accomplishments, achievements, and courses completed. 
   
  (b) All credit for graduation must be earned no later than Grade 12. 
   
  (c) Beginning in 1997-1998, to receive a high school diploma, a student must 
complete the requirements of the minimum high school program, as specified in 
subsection (d) of this section; the recommended high school program, as 
specified in sec.74.12 of this title (relating to Recommended High School 
Program); or the distinguished achievement program, as specified in  sec.74.13 
of this title (relating to Distinguished Achievement Program-Advanced High 
School Program); as well as the testing requirements for graduation, as 
specified in Chapter 101 of this title (relating to Assessment). 
   
  (d) A student must complete at least 22 credits to receive a minimum high 
school program diploma. Credit may be awarded without prior instruction under 
Texas Education Code, sec.28.023 (relating to Credit by Examination), or 
sec.39.023(i) (relating to end-of-course tests). 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 (for recent immigrants, English as a Second 
Language (ESL) I and II may be substituted for English I and II); and 
   
  (B) a fourth credit of English, which may be satisfied by English IV, English 
IV (Academic), Research/Technical Writing, Creative/Imaginative Writing, 
Practical Writing Skills, Literary Genres, Business Communication, Journalism, 
concurrent enrollment in a college English course, College Board advanced 
placement literature and composition, or International Baccalaureate English IV. 
     
  (2) Mathematics-three credits to include Algebra I. 
   
  (3) Science-two credits to include one from Biology I, Chemistry I, or Physics 
I. 
   
  (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 (one credit), and United States Government (one-half credit). 
   
  (5) Academic elective-one credit. The credit must be selected from World 
History Studies, World Geography Studies, or any science course approved by the 
State Board of Education (SBOE). 
   
  (6) Economics with emphasis on the free enterprise system and its benefits-
one-half credit. 
   
  (7) Physical education-one and one-half credits to include one-half credit in 
Foundations of Personal Fitness. 
 
  (A) The school district board of trustees may allow a student to substitute 
certain physical activities for the one and one-half required credits of 
physical education, including the one-half credit of Foundations of Personal 
Fitness. The substitutions must be based on the physical activity involved in 
drill team, marching band, and cheerleading during the fall semester; Reserve 
Officer Training Corps (ROTC); athletics; Dance I-IV; and two- or three-credit 
career and technology work-based training courses. 
   
  (B) A student may not earn more than two credits in physical education toward 
state graduation requirements. 
   
  (C) For physical education, a district must classify each student, on the 
basis of health, into one of the following categories. 
 
  (i) Unrestricted (not limited in activities). 
   
  (ii) Restricted (excludes the more vigorous activities). 
 
  (I) Permanent. A member of the healing arts licensed to practice in Texas must 
provide the school written documentation concerning the nature of the impairment 
and the expectations for physical activity for the student. 
   
  (II) Temporary. The student may be restricted from physical activity of the 
physical education class. A member of the healing arts licensed to practice in 
Texas must provide the school written documentation concerning the nature of the 
temporary impairment and the expected amount of time for recovery. During 
recovery time, the student must continue to learn the concepts of the lessons 
but may not actively participate in the skill demonstration. 
     
  (iii) Adapted and remedial (specific activities prescribed or prohibited, as 
directed by a member of the healing arts licensed to practice in Texas). 
     
  (D) In accordance with local district policy, a school district may award up 
to two credits for physical education for appropriate private or commercially-
sponsored physical activity programs conducted on or off campus. The district 
must apply to the commissioner of education for approval of such programs, which 
may be substituted for state graduation credit in physical education. Such 
approval may be granted under the following conditions. 
 
  (i) Olympic-level participation and/or competition includes a minimum of 15 
hours per week of highly intense, professional, supervised training. The 
training facility, instructors, and the activities involved in the program must 
be certified by the superintendent to be of exceptional quality. Students 
qualifying and participating at this level may be dismissed from school one hour 
per day. Students dismissed may not miss any class other than physical 
education. 
   
  (ii) Private or commercially-sponsored physical activities include those 
certified by the superintendent to be of high quality and well supervised by 
appropriately trained instructors. Student participation of at least five hours 
per week must be required. Students certified to participate at this level may 
not be dismissed from any part of the regular school day. 
       
  (8) Health education-one-half credit. 
   
  (9) Speech-one-half credit, which may be satisfied by Introduction to Speech 
Communication, Public Speaking, Debate, or Oral Interpretation. 
   
  (10) Technology applications-one credit, which may be satisfied by Business 
Computer Applications I or II, Business Computer Programming I or II, Computer 
Applications, Computer Science I or II, Microcomputer Applications, Business 
Information Processing, Computer Mathematics, or Industrial Technology Computer 
Applications. 
   
  (11) Electives-five and one-half credits. The credits must be selected from 
the list of courses approved by the SBOE for Grades 9-12 under Chapter 75, 
Subchapter D of this title (relating to Essential Elements-Grades 9-12). 
     
  (e) A maximum of two of the four credits of English required for graduation 
may be English as a second language (ESL). Credit earned in ESL that is not 
counted toward the graduation requirement in English may be counted as elective 
credit in meeting state graduation requirements. 
   
  (f) A maximum of three credits of reading may be offered by districts for 
state graduation credit for identified students under the following conditions. 
The school district board of trustees shall adopt policies to identify students 
in need of additional reading instruction, and district procedures shall include 
assessment of individual student needs, ongoing evaluation of each student's 
progress, and monitoring of instructional activities to ensure that student 
needs are addressed. Reading credits may be selected from any of the following 
as outlined in sec.75.61 of this title (relating to English Language Arts): 
Reading Improvement I, II, or III, which will be revised as part of the adoption 
of essential knowledge and skills to delete the term "improvement." 
   
  (g) An out-of-state or out-of-country transfer student or a transfer student 
from a Texas nonpublic school must complete all requirements of this section to 
be eligible to satisfy state graduation requirements. Any course credit required 
in this section that is not completed by the student before he or she enrolls in 
a Texas school district may be satisfied through the provisions of sec.74.23 of 
this title (relating to Correspondence Courses) and sec.74.24 of this title 
(relating to Credit by Examination) or by completing the course or courses 
according to the provisions of sec.74.26 of this title (relating to the Award of 
Credit). 
   
  (h) Notwithstanding the repeal of sec.75.151 of this title (relating to High 
School Graduation Requirements), the requirements for high school graduation for 
students who enrolled in a high school program on or before the 1997-1998 school 
year remain in effect as adopted by the State Board of Education (SBOE) to be 
effective June 21, 1984, and last amended to be effective August 8, 1989. 
 
     
  sec.74.12. Recommended High School Program. 
 
  (a) A student who wishes to complete the recommended high school program and 
have the accomplishment recognized on the academic achievement record must 
complete the following requirements. 
   
  (b) Academic core components. College Board advanced placement and 
International Baccalaureate courses may be substituted for requirements in 
appropriate proficiency areas. Credit may be awarded without prior instruction 
under Texas Education Code, sec.28.023 (relating to Credit by Examination), or 
sec.39.023(i) (relating to end-of-course tests). The student must demonstrate 
proficiency in the following. 
 
  (1) English-four credits. The credits must consist of English I, English II, 
English III, and English IV (for recent immigrants, English as a Second Language 
(ESL) I and II may be substituted for English I and II). 
   
  (2) Mathematics-three credits. The credits must consist of Algebra I, Algebra 
II, and Geometry. 
   
  (3) Science-three credits. The credits must consist of three credits selected 
from Physical Science, Biology I and II, Chemistry I and II, Physics I and II, 
or Science III and IV. A student may not take more than two credits from any 
combination of Physical Science, Science III and IV, and Biology I. 
   
  (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 (one credit), and United States Government (one-half credit). 
   
  (5) Economics with emphasis on the free enterprise system and its benefits-
one-half credit. 
   
  (6) Languages other than English-two credits. The credits must consist of 
Level I and Level II in the same language. 
   
  (7) Health-one-half credit. 
   
  (8) Fine arts-one credit. 
   
  (9) Physical education-one and one-half credits to include one-half credit in 
Foundations of Personal Fitness. 
 
  (A) A school district board of trustees may allow a student to substitute 
certain physical activities for the one and one-half required credits of 
physical education, including the one-half credit of Foundations of Personal 
Fitness. The substitutions must be based on the physical activity involved in 
drill team, marching band, and cheerleading during the fall semester; Reserve 
Officer Training Corps (ROTC); athletics; Dance I-IV; and two- or three-credit 
career and technology work-based training courses. 
   
  (B) In accordance with local district policy, a school district may also apply 
to the commissioner of education for a waiver to allow credit for appropriate 
private or commercially-sponsored physical activity programs conducted on or off 
campus. Such approval may be granted under the following conditions. 
 
  (i) Olympic-level participation and/or competition includes a minimum of 15 
hours per week of highly intense, professional, supervised training. The 
training facility, instructors, and the activities involved in the program must 
be certified by the superintendent to be of exceptional quality. Students 
qualifying and participating at this level may be dismissed from school one hour 
per day. Students dismissed may not miss any class other than physical 
education. 
   
  (ii) Private or commercially-sponsored physical activities include those 
certified by the superintendent to be of high quality and well supervised by 
appropriately trained instructors. Student participation of at least five hours 
per week must be required. Students certified to participate at this level may 
not be dismissed from any part of the regular school day. 
       
  (10) Technology applications-one credit, which may be satisfied by Computer 
Science I or II, Business Computer Applications I or II, Business Computer 
Programming I or II, Computer Applications, Microcomputer Applications, Business 
Information Processing, Computer Mathematics, or Industrial Technology Computer 
Applications. 
   
  (11) Speech-one-half credit. The one-half credit may be satisfied by 
Introduction to Speech Communication, Public Speaking, Debate, or Oral 
Interpretation. Students beginning the recommended high school program in 1997-
1998 will be required to earn the one-half credit. 
     
  (c) Additional components. College Board advanced placement and International 
Baccalaureate courses may be substituted for requirements in appropriate 
proficiency areas. The student must choose one of the following options for 
additional components. Credit may be awarded without prior instruction under 
Texas Education Code, sec.28.023 (relating to Credit by Examination), or  
sec.39.023(i) (relating to end-of-course tests). 
 
  (1) Option I: mathematics, science, elective. The student must demonstrate 
proficiency in the following. 
 
  (A) Mathematics-one credit. The credit must consist of: 
 
  (i) Precalculus (one credit); or 
   
  (ii) Trigonometry (one-half credit) and either Elementary Analysis (one-half 
credit) or Analytic Geometry (one-half credit). 
     
  (B) Science-one credit. The credit must be selected from Biology I or II, 
Chemistry I or II, Physics I or II, or Science III or IV. A student may not take 
more than two credits from any combination of Physical Science, Science III and 
IV, and Biology I. 
   
  (C) Elective-one and one-half credits. 
     
  (2) Option II: career and technology. The student must demonstrate proficiency 
equivalent to three and one-half credits in a coherent sequence of courses for 
career and technology preparation. To be included in the recommended high school 
program, a technology preparation program approved by the Texas Education Agency 
(TEA) must meet recommended high school program criteria in English language 
arts, mathematics, science, social studies, languages other than English, 
health, fine arts, and technology applications. 
   
  (3) Option III: specialization. The student must demonstrate proficiency 
equivalent to three and one-half credits in a specialization consisting of 
state-approved, college-preparatory courses from language arts (including speech 
and journalism), science, social studies, mathematics, languages other than 
English, fine arts, or technology applications. 
     
  (d) Any program or course substitution to the courses included in subsection 
(a) and subsection (b) of this section must be approved by the State Board of 
Education (SBOE). 
 
     
  sec.74.13. Distinguished Achievement Program-Advanced High School Program. 
 
  (a) Beginning in the 1999-2000 school year, a student who wishes to complete 
an advanced high school program (called the distinguished achievement program) 
and have the accomplishment recognized and distinguished on the academic 
achievement record (transcript) must complete the following requirements. 
 
  (1) Academic core components. College Board advanced placement and 
International Baccalaureate courses may be substituted for requirements in 
appropriate proficiency areas. The student must demonstrate proficiency in the 
following. 
 
  (A) English-four credits. The credits must consist of English I, English II, 
English III, and English IV (for recent immigrants, English as a Second Language 
(ESL) I and II may be substituted for English I and II). 
   
  (B) Mathematics-three credits. The credits must consist of Algebra I, Algebra 
II, and Geometry. 
   
  (C) Science-three credits. The credits must consist of three credits selected 
from Physical Science, Biology I and II, Chemistry I and II, Physics I and II, 
or Science III and IV. A student may not take more than two credits from any 
combination of Physical Science, Science III and IV, and Biology I. 
   
  (D) Social studies-three and one-half credits. The credits must consist of 
World History Studies (one credit), World Geography Studies (one credit), United 
States History (one credit), and United States Government (one-half credit). 
   
  (E) Economics with emphasis on the free enterprise system and its benefits-
one-half credit. 
   
  (F) Languages other than English-three credits. The credits must consist of 
Level I, Level II, and Level III in the same language. 
   
  (G) Health-one-half credit. 
   
  (H) Fine arts-one credit. 
   
  (I) Physical education-one and one-half credits to include one-half credit in 
Foundations of Personal Fitness. 
 
  (i) A school district board of trustees may allow a student to substitute 
certain physical activities for the one and one-half required credits of 
physical education, including the one-half credit of Foundations of Personal 
Fitness. The substitutions must be based on the physical activity involved in 
drill team, marching band, and cheerleading during the fall semester; Reserve 
Officer Training Corps (ROTC); athletics; Dance I-IV; and two- or three-credit 
career and technology work-based training courses. 
   
  (ii) In accordance with local district policy, a school district may also 
apply to the commissioner of education for a waiver to allow credit for 
appropriate private or commercially-sponsored physical activity programs 
conducted on or off campus. Such approval may be granted under the following 
conditions. 
 
  (I) Olympic-level participation and/or competition includes a minimum of 15 
hours per week of highly intense, professional, supervised training. The 
training facility, instructors, and the activities involved in the program must 
be certified by the superintendent to be of exceptional quality. Students 
qualifying and participating at this level may be dismissed from school one hour 
per day. Students dismissed may not miss any class other than physical 
education. 
   
  (II) Private or commercially-sponsored physical activities include those 
certified by the superintendent to be of high quality and well supervised by 
appropriately trained instructors. Student participation of at least five hours 
per week must be required. Students certified to participate at this level may 
not be dismissed from any part of the regular school day. 
       
  (J) Technology applications-one credit, which may be satisfied by Computer 
Science I or II, Business Computer Applications I or II, Business Computer 
Programming I or II, Computer Applications, Microcomputer Applications, Business 
Information Processing, Computer Mathematics, or Industrial Technology Computer 
Applications. 
   
  (K) Speech-one-half credit. The one-half credit may be satisfied by 
Introduction to Speech Communication, Public Speaking, Debate, or Oral 
Interpretation. Students beginning the distinguished achievement program in 
1997-1998 will be required to earn the one-half credit. 
     
  (2) Additional components. College Board advanced placement and International 
Baccalaureate courses may be substituted for requirements in appropriate 
proficiency areas. The student must choose one of the following options for 
additional components. Credit may be awarded without prior instruction under 
Texas Education Code, sec.28.023 (relating to Credit by Examination), or  
sec.39.023(i) (relating to end-of-course tests). 
 
  (A) Option I: mathematics, science, elective. The student must demonstrate 
proficiency in the following. 
 
  (i) Mathematics-one credit. The credit must consist of: 
 
  (I) Precalculus (one credit); or 
   
  (II) Trigonometry (one-half credit) and either Elementary Analysis (one-half 
credit) or Analytic Geometry (one-half credit). 
     
  (ii) Science-one credit. The credit must be selected from Biology I or II, 
Chemistry I or II, Physics I or II, or Science III or IV. A student may not take 
more than two credits from any combination of Physical Science, Science III and 
IV, and Biology I. 
   
  (iii) Elective-one-half credit. 
     
  (B) Option II: career and technology. The student must demonstrate proficiency 
equivalent to two and one-half credits in a coherent sequence of courses for 
career and technology preparation. To be included in the distinguished 
achievement program, a technology preparation program approved by the Texas 
Education Agency (TEA) must meet recommended high school program criteria in 
English language arts, mathematics, science, social studies, languages other 
than English, health, fine arts, and technology applications. 
   
  (C) Option III: specialization. The student must demonstrate proficiency 
equivalent to two and one- half credits in a specialization consisting of state-
approved, college-preparatory courses from language arts (including speech and 
journalism), science, social studies, mathematics, languages other than English, 
fine arts, or technology applications. 
     
  (3) Advanced measures. A student also must achieve any combination of four of 
the advanced measures approved by the State Board of Education (SBOE). The 
measures must be reviewed at least once each biennium and meet the standards 
specified in subparagraphs (A) and (B) of this paragraph. 
 
  (A) The measures must focus on demonstrated student performance at the college 
or professional level. 
   
  (B) Student performance on advanced measures must be assessed through an 
external review process. 
     
  (4) Any program or course substitution to the courses included in subsection 
(a)(1) and (2) of this section must be approved by SBOE. 
     
  (b) Subsections (c)-(g) of this section relate to a previous advanced high 
school program and shall expire at the end of school year 1998-1999. 
   
  (c) A student who wishes to complete an advanced high school program and have 
the accomplishment recognized and distinguished on the academic achievement 
record (transcript) must complete the following requirements. Programs shall be 
of two types. 
 
  (1) The advanced high school program shall consist of 22 credits selected from 
the provisions of subsection (d)(1)-(11) of this section. 
   
  (2) The advanced high school honors program shall consist of 22 credits 
selected from the provisions of subsection (d)(1)-(11) of this section. Five of 
these credits must be designated by the school district board of trustees as 
honors courses under subsection (f) of this section. 
     
  (d) The required credits must include the following. 
 
  (1) English language arts-four credits. 
 
  (A) Three credits must consist of English I, II, and III. English as a Second 
Language (ESL) I and II may be substituted for English I and II. 
   
  (B) The fourth credit of English may be satisfied by English IV, English IV 
Honors, English IV (Academic), English IV (Academic) Honors, or College Board 
advanced placement English literature and composition. 
     
  (2) Languages other than English-two credits. The credits must consist of 
Level I and Level II of the same language. 
   
  (3) Mathematics-three credits. The credits must consist of Algebra I, Algebra 
II, and Geometry. 
   
  (4) Science-three credits. The credits must be selected from Physical Science 
or Science III, Biology I or Science IV, Biology II, Chemistry I, Chemistry II, 
Physics I, Physics II, Geology, Meteorology, Astronomy, Aquatic Science, 
Environmental Science, or Anatomy and Physiology. 
   
  (5) Social studies-two and one-half credits. The credits must consist of World 
History Studies or World Geography Studies (one credit), United States History 
(one credit), and United States Government (one-half credit). 
   
  (6) Economics with emphasis on the free enterprise system and its benefits-
one-half credit. 
   
  (7) Physical education-one and one-half credits. 
 
  (A) A school district board of trustees may allow a student to substitute 
certain physical activities for the one and one-half required credits of 
physical education. The substitutions must be based on the physical activity 
involved in drill team, marching band, and cheerleading during the fall 
semester; Reserve Officer Training Corps (ROTC); athletics; Dance I-IV; and two- 
or three- credit career and technology education work-based training courses. 
   
  (B) A student may not earn more than two credits in physical education toward 
state graduation requirements. 
   
  (C) 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. 
     
  (8) Health education-one-half credit. 
   
  (9) Technology applications-one credit. The credit must be selected from a 
variety of computer-related courses listed in Chapter 75, Subchapter D of this 
title (relating to Essential Elements-Grades 9-12), including: 
 
  (A) Computer Mathematics; 
   
  (B) Business Computer Applications I or II; 
   
  (C) Business Computer Programming I or II; 
   
  (D) Computer Science I or II; 
   
  (E) Business Information Processing; and 
   
  (F) Microcomputer Applications. 
     
  (10) Fine arts or speech-one credit. The credit must be selected from the list 
of courses approved by the State Board of Education (SBOE) in Chapter 75, 
Subchapter D of this title (relating to Essential Elements-Grades 9-12). 
   
  (11) Electives-three credits. Each elective must be selected from the list of 
courses approved by SBOE in Chapter 75, Subchapter D of this title (relating to 
Essential Elements -Grades 9-12). 
     
  (e) When necessary and justified, the commissioner of education may authorize 
a substitution in the requirements for the advanced high school program under 
the following conditions. 
 
  (1) A student must complete 22 credits from state-approved courses specified 
in this section. 
   
  (2) A student must complete the number of credits in each subject area 
specified in this section from courses listed in these subject areas in Chapter 
75, Subchapter D of this title (relating to Essential Elements-Grades 9-12). A 
student who has already taken one or more of the following classes as part of 
the advanced high school program shall receive credit for each class taken: 
Precalculus, Trigonometry, Elementary Analysis, Analytic Geometry, Computer 
Mathematics I, Computer Mathematics II, Probability and Statistics, Calculus, 
Number Theory, Linear Algebra, Linear Programming, History of Mathematics, 
Survey of Mathematics, Laboratory Management, Physiology and Anatomy, or 
Computer Mathematics. 
   
  (3) Any course substituted for another course must maintain the same level of 
academic excellence as the courses specified in this section. 
   
  (4) A course described as introductory, remedial, or compensatory may not 
substitute for any course specified in this section. 
   
  (5) A school district must request in writing approval from the commissioner 
of education to substitute specific courses, citing justification for the 
requests. 
     
  (f) A school district board of trustees that wishes to offer the advanced high 
school honors program must adopt policies that provide for special honors 
courses and programs. The policies must provide for modification of the courses 
of study in subsection (c) of this section by accelerating, providing greater 
depth, and expanding the courses and their essential elements described in this 
section and in Chapter 75, Subchapter D of this title (relating to Essential 
Elements-Grades 9-12). In addition, the courses must have been submitted to the 
Texas Education Agency (TEA) before April 30, 1995. A school district must 
ensure that students participating in honors courses or programs are instructed 
in all essential elements and demonstrate an acceptable degree of mastery of 
those elements. 
   
  (g) All College Board advanced placement and International Baccalaureate 
courses are designed as honors courses. A district is not required to submit 
these courses for approval. 
 
     
  sec.74.14. Academic Achievement Record (Transcript). 
 
  (a) Each school district must use the academic achievement record (transcript) 
form designated by the State Board of Education (SBOE). Each district must 
reproduce the form in sufficient quantities. The form shall serve as the 
academic record for each student and must be maintained permanently by the 
district. Each district must ensure that copies of the record are made available 
for a student transferring from one district to another. The information may be 
provided to the student or to the district to which the student is transferring 
or both. To ensure appropriate placement of a transfer student, a district must 
respond promptly to each request for student records from a receiving school 
district. 
   
  (b) The commissioner of education shall develop and distribute to each school 
district and institution of higher education in the state a common academic 
achievement record and coding system for courses and instructions for recording 
information on the academic achievement record. Each school district must use 
the system provided by the commissioner. 
   
  (c) Any credit earned by a student must be recorded on the academic 
achievement record, regardless of when the credit was earned. 
   
  (d) A student who completes high school graduation requirements shall have 
attached to the academic achievement record a seal approved by SBOE. 
   
  (e) A student who completes all graduation requirements except for required 
exit-level assessment instruments may be issued a certificate of coursework 
completion. The academic achievement record will include a notation of the date 
such a certificate was issued to the student. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606346 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: September 1, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 463-9701 
         
             
  Subchapter C. Other Provisions 
 
  19 TAC sec.sec.74.21-74.30 
 
  The new sections are adopted under the Texas Education Code, sec.28.023, which 
directs the State Board of Education (SBOE) to establish guidelines under which 
a school district shall develop or select for board review examinations for 
acceleration for each primary school grade level and for credit for secondary 
school academic subjects; the Texas Education Code, sec.28. 054, which directs 
SBOE to adopt guidelines for determining financial need consistent with the 
definition of financial need adopted by the College Board or the International 
Baccalaureate Organization; and the Texas Education Code, sec.38.003, which 
directs SBOE to approve a program to test students for dyslexia and related 
disorders. 
 
 
  sec.74.21. Schedule for Implementation. The requirements in this chapter shall 
be implemented according to the following schedule. 
 
  (1) Elementary, kindergarten through Grade 5. All provisions of sec.74.2 of 
this title (relating to Description of a Required Elementary Curriculum) shall 
be implemented fully beginning with the 1996-1997 school year. 
   
  (2) Secondary, Grades 6-12. All provisions of sec.74.3(b) of this title 
(relating to Description of a Required Secondary Curriculum) and Subchapter B of 
this chapter (relating to Graduation Requirements) shall be implemented fully 
beginning with the 1997-1998 school year. A student entering Grade 9 in the 
1997-1998 school year or thereafter must meet the provisions of Subchapter B of 
this chapter (relating to Graduation Requirements). 
   
  (3) Other sections. Provisions of other sections of this chapter shall be 
implemented during the 1996-1997 school year unless otherwise specified. 
 
     
  sec.74.26. Award of Credit. 
 
  (a) The award of credit for a course by a school district affirms that a 
student has satisfactorily met all state and local requirements. Any course for 
which credit is awarded must be provided according to this subsection. 
 
  (1) Credit earned toward state graduation requirements by a student in an 
accredited school district shall be transferable and must be accepted by any 
other school district in the state. A district may not prohibit a new student 
from attending school pending receipt of transcripts or records from the school 
district the student previously attended. Credit earned in a local-credit course 
may be transferred only with the consent of the receiving school district. 
   
  (2) A school district must ensure that the records or transcripts of an out-
of-state or out-of-country transfer student or a transfer student from a Texas 
nonpublic school are evaluated and that the student is placed in appropriate 
classes promptly. The district may use a variety of methods to verify the 
content of courses for which a transfer student has earned credit. 
     
  (b) Districts may offer courses designated for Grades 9-12 (refer to sec.74.11 
of this title (relating to High School Graduation Requirements)) in earlier 
grade levels. A course may be considered completed and credit may be awarded if 
the student has demonstrated achievement by meeting the standard requirements of 
the course, including demonstrated proficiency in the subject matter, regardless 
of the time the student has received instruction in the course or the grade 
level at which proficiency was attained. The academic achievement record 
(transcript) shall reflect that students have satisfactorily completed courses 
at earlier grade levels than Grades 9-12 and have been awarded state graduation 
credits. 
   
  (c) Credit for courses for high school graduation may be earned only if the 
student received a grade which is the equivalent of 70 on a scale of 100, based 
upon course-level, grade-level standards of the essential knowledge and skills 
curriculum. 
 
     
  sec.74.27. Innovative Courses and Programs. 
 
  (a) A school district may develop innovative or other locally-designed courses 
to enable students to master knowledges, skills, and competencies not included 
in the essential elements described in Chapter 75, Subchapter D, of this title 
(relating to Essential Elements -- Grades 9-12). 
 
  (1) Any experimental course which has been approved in previous years for 
state credit toward graduation will cease to be approved August 31, 1998. 
   
  (2) The State Board of Education (SBOE) may approve any course that does not 
fall within any of the subject areas listed in the foundation and enrichment 
curricula when the applicant school district or organization demonstrates that 
the proposed course is academically rigorous and addresses documented student 
needs. 
   
  (3) The commissioner of education may approve a discipline-based course in the 
foundation or enrichment curriculum when the applicant school district or 
organization demonstrates that the proposed course is academically challenging 
and addresses documented student needs. 
   
  (4) To request approval from SBOE or the commissioner of education, the school 
district or organization must submit a request for approval, at least six months 
before planned implementation, that includes: 
 
  (A) a description of the course and its elements or objectives; 
   
  (B) the rationale and justification for the request in terms of student need; 
   
  (C) a description of activities, major resources, and materials to be used; 
   
  (D) the methods of evaluating student outcomes; 
   
  (E) the qualifications of the teacher; 
   
  (F) the amount of credit requested; and 
   
  (G) the school years for which approval is requested. 
       
  (b) A school district may operate a magnet program, academy, or other 
innovative program to serve student populations with specialized interests and 
aptitudes. A program that does not meet all applicable requirements of this 
chapter must be approved by SBOE. A district seeking approval under this 
subsection must apply in writing to the commissioner of education. The 
district's request must include the same information as that specified in 
subsection (a) of this section for a request for approval of an innovative 
course. 
 
     
  sec.74.28. Students with Dyslexia and Related Disorders. 
 
  (a) The board of trustees of a school district must ensure that procedures for 
identifying a student with dyslexia or a related disorder and for providing 
appropriate instructional services to the student are implemented in the 
district. These procedures will be monitored by the Texas Education Agency (TEA) 
with on-site visits conducted as appropriate. 
   
  (b) A school district's procedures must be implemented according to the State 
Board of Education (SBOE) approved strategies for screening, and techniques for 
treating, dyslexia and related disorders. The strategies and techniques are 
described in "Procedures Concerning Dyslexia and Related Disorders," a set of 
flexible guidelines for local districts that may be modified by SBOE only with 
broad-based dialogue that includes input from educators and professionals in the 
field of reading and dyslexia and related disorders from across the state. 
Screening should only be done by individuals/professionals who are trained to 
assess students for dyslexia and related disorders. 
   
  (c) A school district may purchase a reading program or develop its own 
reading program for students with dyslexia and related disorders, as long as the 
program is characterized by the descriptors found in "Procedures Concerning 
Dyslexia and Related Disorders." Teachers who screen and treat these students 
must be trained in instructional strategies which utilize individualized, 
intensive, multisensory, phonetic methods and a variety of writing and spelling 
components described in the "Procedures Concerning Dyslexia and Related 
Disorders " and in the professional development activities specified by each 
district and/or campus planning and decision making committee. 
   
  (d) Before an identification or assessment procedure is used selectively with 
an individual student, the school district must notify the student's parent or 
guardian or another person standing in parental relation to the student. 
   
  (e) Parents/guardians of students eligible under the Rehabilitation Act of 
1973, sec.504, must be informed of all services and options available to the 
student under that federal statute. 
   
  (f) Each school must provide each identified student access at his or her 
campus to the services of a teacher trained in dyslexia and related disorders. 
The school district may, with the approval of each student's parents or 
guardians, offer additional services at a centralized location. Such centralized 
services shall not preclude each student from receiving services at his or her 
campus. 
   
  (g) Because early intervention is critical, a program for early 
identification, intervention, and support for students with dyslexia and related 
disorders must be available in each district as outlined in the "Procedures 
Concerning Dyslexia and Related Disorders." 
   
  (h) Each school district may provide a parent education program for 
parents/guardians of students with dyslexia and related disorders. This program 
should include: awareness of characteristics of dyslexia and related disorders; 
information on testing and diagnosis of dyslexia; information on effective 
strategies for teaching dyslexic students; and awareness of information on 
modification, especially modifications allowed on standardized testing. 
 
     
  sec.74.30. Identification of Advanced Courses. 
 
  (a) The following are identified as advanced classes as referred to in the 
Texas Education Code, sec.33.081(c), concerning extracurricular activities: 
 
  (1) English language arts: all College Board advanced placement courses and 
International Baccalaureate courses in the discipline, and high school/college 
concurrent enrollment classes that are included in the "Community College 
General Academic Course Guide Manual (Part One); " 
   
  (2) Fine arts: all College Board advanced placement courses and International 
Baccalaureate courses in the discipline, high school/college concurrent 
enrollment classes that are included in the "Community College General Academic 
Course Guide Manual (Part One)," Art IV, Dance IV (not to include drill team 
activities), Music IV, and Theatre IV; 
   
  (3) Languages other than English: all College Board advanced placement courses 
and International Baccalaureate courses in the discipline, high school/college 
concurrent enrollment classes that are included in the "Community College 
General Academic Course Guide Manual (Part One)," and languages other than 
English courses Levels IV-VII; 
   
  (4) Mathematics: all College Board advanced placement courses and 
International Baccalaureate courses in the discipline, high school/college 
concurrent enrollment classes that are included in the "Community College 
General Academic Course Guide Manual (Part One)," Trigonometry, Elementary 
Analysis, Analytic Geometry, Precalculus, Calculus, Linear Algebra, and Advanced 
Mathematics for Business (may be phased out with new essential knowledge and 
skills development); 
   
  (5) Science: all College Board advanced placement courses and International 
Baccalaureate courses in the discipline, high school/college concurrent 
enrollment classes that are included in the "Community College General Academic 
Course Guide Manual (Part One)," Biology II, Physics II, and Chemistry II; and 
   
  (6) Social Studies: all College Board advanced placement courses and 
International Baccalaureate courses in the discipline, and high school/college 
concurrent enrollment classes that are included in the "Community College 
General Academic Course Guide Manual (Part One)." 
     
  (b) Districts may identify additional advanced courses but must identify such 
courses prior to the semester in which any exemptions related to extracurricular 
activities occur. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606347 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: September 1, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 463-9701 
         
               Chapter 75. Curriculum 
  
  The Texas Education Agency (TEA) adopts the repeal of sec. sec.75.1-75.5, 75. 
141, 75.142, 75.151-75.153, 75.161-75.174, 75.191-75.197, 75.211-75.218, and 
75.311-75.320, concerning curriculum, without changes to the proposed text as 
published in the March 12, 1996, issue of the Texas Register  (21 TexReg 1962). 
 The sections establish definitions, requirements, and procedures related to 
curriculum programs, instruction, and grading. The repeals are necessary to 
comply with the sunset review process mandated by Senate Bill 1, 74th Texas 
Legislature, 1995. A new Chapter 74 (relating to Curriculum Requirements) is 
adopted in a separate submission. 
 No comments have been received regarding adoption of the repeals. 
   
  Subchapter A. General Provisions 
 
  19 TAC sec.sec.75.1-75.5 
 
  The repeals are adopted under the Texas Education Code,  sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606348 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: September 1, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 463-9701 
         
         
  Subchapter E. Well-Balanced Curriculum 
 
  19 TAC sec.75.141, sec.75.142 
 
  The repeals are adopted under the Texas Education Code,  sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606349 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: September 1, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 463-9701 
         
         
  Subchapter F. Graduation Requirements 
 
  19 TAC sec.sec.75.151-75.153 
 
  The repeals are adopted under the Texas Education Code,  sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606350 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: September 1, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 463-9701 
         
         
  Subchapter G. Other Provisions 
 
  19 TAC sec.sec.75.161-75.174 
 
  The repeals are adopted under the Texas Education Code,  sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606351 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: September 1, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 463-9701 
         
         
  Subchapter H. Promotion and Alternatives to Social Promotion 
 
  19 TAC sec.sec.75.191-75.197 
 
  The repeals are adopted under the Texas Education Code,  sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606352 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: September 1, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 463-9701 
         
         
  Subchapter I. Special Provisions for Vocational Education 
 
  19 TAC sec.sec.75.211-75.218 
 
  The repeals are adopted under the Texas Education Code,  sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606353 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: May 29, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 463-9701 
         
         
  Subchapter J. Driver Education 
 
  19 TAC sec.sec.75.311-75.320 
 
  The repeals are adopted under the Texas Education Code,  sec.7.102, which 
authorizes the State Board of Education to review specified TEA rules. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606354 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: May 29, 1996 
 Proposal publication date: March 12, 1996 
 For further information, please call: (512) 463-9701 
         
         
  Subchapter AA. Driver Education 
 
  19 TAC sec.sec.75.1001-75.1009 
 
  The Texas Education Agency (TEA) adopts new sec.sec.75.1001-75.1009, 
concerning driver education. Section 75.1003 is adopted with changes to the 
proposed text as published in the February 2, 1996, issue of the Texas Register  
(21 TexReg 736). Sections 75.1001, 75.1002, and 75.1004-75.1009 are adopted 
without changes and will not be republished. 
 The new sections provide for a program of organized instruction in driver 
education and traffic safety for public school students and establish standards 
for certifying professional and paraprofessional personnel who conduct the 
programs in the public schools. The sections are necessary to bring consistency 
to the requirements for driver education instruction and for certification of 
driver education personnel. The repeal of current Chapter 75, Subchapter J 
(relating to Driver Education), is adopted in a separate submission. 
 The changes to sec.75.1003(a) and (d) allow school districts, education service 
centers, colleges, and universities to employ driver education teaching 
assistants trained by driver education schools licensed under Texas Civil 
Statutes, Article 4413(29c). Sears Driving School recommended the changes. 
 The new sections are adopted under the Texas Education Code, sec.29.902, which 
directs TEA to develop a program of organized instruction in driver education 
and traffic safety for public school students and to establish standards for 
certifying professional and paraprofessional personnel who conduct the programs 
in the public schools. 
 
 
  sec.75.1003. Teaching Assistants. 
 
  (a) An individual may be employed as a teaching assistant in a driver 
education program under the direction of a supervising driver education teacher 
after completing one of the following programs. 
 
  (1) Teaching assistant (full). An individual may be approved as a teaching 
assistant (full) to assist certified teachers in the classroom phase of driver 
education and to conduct behind-the-wheel, multicar range, and simulator 
training by successfully completing one of the following requirements: 
 
  (A) a program of study in driver education developed by the Texas Education 
Agency (TEA). Applications are available from the TEA and must be submitted 30 
days before the training program starts; 
   
  (B) the six semester hours of driver and traffic safety education from an 
approved university that are required for driver education teacher endorsement, 
plus three additional hours in techniques of teaching in-car instruction and 
simulation; or 
   
  (C) the nine semester hours of driver and traffic safety education instructor 
training as outlined in Texas Civil Statutes, Article 4413(29c), sec.15A(b). 
     
  (2) Teaching assistant (in-car only). An individual may be approved as a 
teaching assistant (in-car only) to conduct only in-car training by completing 
one of the following requirements: 
 
  (A) the six semester hours of driver and traffic safety education required for 
driver education teacher certification; or 
   
  (B) the six semester hours of driver and traffic safety education instructor 
training as outlined in Texas Civil Statutes, Article 4413(29c), sec.15A(b). 
       
  (b) The TEA shall issue certificates of completed training for teaching 
assistants. 
   
  (c) To be approved, a teaching assistant in driver education must have 
graduated high school, have been a licensed driver for at least five years, 
possess a Texas driver's license valid for the type of vehicle used for 
instruction, and meet the driving record evaluation standards established for 
Texas school bus drivers. 
   
  (d) A teaching assistant may be trained by: an approved university as 
described in subsection (a)(1)(B) of this section; or by a university, college, 
a school district, or an education service center (ESC) as described in 
subsection (a)(1)(A) of this section. When the training is conducted by a 
college, a school district, or an ESC, the program must be approved by TEA. A 
driver education school licensed under Texas Civil Statutes, Article 4413(29c), 
may train teaching assistants as described in subsection (a)(1)(C) or subsection 
(a)(2)(B) of this section. 
   
  (e) A school district, an ESC, or a college or university that uses teaching 
assistants must employ driver education supervising teachers to supervise the 
teaching assistants. At least twice each year, the driver education supervising 
teacher must formally evaluate each teaching assistant giving instruction. These 
evaluations must become part of the teaching assistant's personnel file. 
   
  (f) At least once each year a school district, an ESC, or a college or 
university must document that each driver education teaching assistant employed 
in the driver education program meets the driving record evaluation standards 
established by the Texas Department of Public Safety (DPS) for Texas school bus 
drivers. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606355 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: May 29, 1996 
 Proposal publication date: February 2, 1996 
 For further information, please call: (512) 463-9701 
         
             
  Subchapter BB. Commissioner's Rules Concerning Special Provisions for Career 
and Technology Education 
 
  19 TAC sec.sec.75.1021-75.1025 
 
  The Texas Education Agency (TEA) adopts new sec.sec.75.1021-75.1025, 
concerning career and technology education. Section 75.1023 is adopted with 
changes to the proposed text as published in the February 2, 1996, issue of the 
Texas Register  (21 TexReg 739). Sections 75.1021, 75.1022, 75.1024, and 75.1025 
are adopted without changes and will not be republished. 
 The new sections provide for competency based, applied learning in a coherent 
sequence of courses in career and technology education; provide for career and 
technology education to members of special populations; provide opportunities 
for students to participate in student leadership organizations; and ensure that 
school districts will evaluate their career and technology education programs 
annually. The sections are necessary to ensure that school districts receiving 
funds under the Carl D. Perkins Vocational and Applied Technology Education Act 
and the Individuals with Disabilities Education Act comply with the provisions 
of those laws. The repeal of current Chapter 75, Subchapter I (relating to 
Special Provisions for Vocational Education), is adopted in a separate 
submission. 
 The changes to sec.75.1023(h) delete clarifications for referral for 
comprehensive assessment for special populations. Provisions covering this topic 
are currently proposed in new 19 TAC sec.89.1030. 
 No comments have been received regarding adoption of the new rules. 
 The new sections are adopted under the Texas Education Code, sec.29.185, which 
directs TEA to prescribe requirements for career and technology education in 
public schools as necessary to comply with federal law; and sec.29. 001, which 
directs TEA to develop and implement a statewide plan with programmatic content 
that includes procedures designed to ensure that, when appropriate, each student 
with a disability is provided an opportunity to participate in career and 
technology classes, in addition to participating in regular or special classes. 
 
 
  sec.75.1023. Provisions for Individuals Who Are Members of Special 
Populations. 
 
  (a) An individual who is a member of a special population (an individual with 
a disability; an individual who is educationally or economically disadvantaged, 
including a foster child; an individual with limited English proficiency; or an 
individual who participates in programs designed to eliminate sex bias) shall be 
provided equal access to recruitment, enrollment, and placement activities. 
   
  (b) An individual who is educationally or economically disadvantaged or a 
student of limited English proficiency shall be taught in the most integrated 
setting possible. 
   
  (c) A student who is a member of a special population as described in 
subsection (a) of this section shall be provided the following to help the 
student successfully complete career and technology education: 
 
  (1) a coherent sequence of courses leading to job skill attainment and 
encouragement through counseling to pursue a coherent sequence; 
   
  (2) equal access to the full range of career and technology education programs 
available to an individual who is not a member of a special population; 
   
  (3) guidance, counseling, and career development activities conducted by 
trained counselors and teachers associated with such special services; 
   
  (4) counseling and instructional services designed to facilitate the 
transition from school to post-school employment and career opportunities and/or 
postsecondary training opportunities; and 
   
  (5) supportive and supplementary services the student needs to succeed in the 
programs, such as curriculum modification, equipment modification, classroom 
modification, supportive personnel, and instructional aids and devices. 
     
  (d) A school district shall provide information concerning the following to 
each student who is a member of a special population and to the student's 
parents at least one year before the student enters, or is of an appropriate age 
for, the grade level in which career and technology education programs are first 
generally available, but not later than the beginning of the ninth grade: 
 
  (1) opportunities available in career and technology education; 
   
  (2) eligibility requirements for enrollment in career and technology 
education; 
   
  (3) specific courses that are available; 
   
  (4) special services that are available; 
   
  (5) employment opportunities; and 
   
  (6) placement. 
     
  (e) The information described in subsection (d)(3) of this section shall, to 
the extent practicable, be provided in a language and form that the parents and 
student understand. 
   
  (f) A student with a disability shall be instructed in the least restrictive 
environment. A student unable to succeed in regular career and technology 
education may be served in separate programs designed to address the student's 
occupational/training needs, such as career and technology education for the 
handicapped (CTEH) programs. 
   
  (g) A student with a disability who is unable to succeed in regular career and 
technology education without modifications, special supplementary aids, or 
services shall be placed in career and technology education by the committee 
(the committee) composed of the persons required under 20 USC, sec.1401(20), to 
develop the students individualized education program (IEP). Whenever 
appropriate, career and technology education activities shall be included as a 
component of a student's IEP. 
   
  (h) A student with a disability identified in accordance with provisions of 
Public Law 101-392; Public Law 476; and the Individuals with Disabilities 
Education Act (IDEA) is an eligible participant in career and technology 
education when the requirements of this subsection are met. 
 
  (1) The committee shall include a representative from career and technology 
education, preferably the teacher, when considering initial or continued 
placement of a student in career and technology education. 
   
  (2) Planning for students with disabilities shall be coordinated among career 
and technology education, special education, and state rehabilitation agencies 
and should include a coherent sequence of courses. 
   
  (3) A school district shall monitor to determine if the instruction being 
provided students with disabilities in career and technology education classes 
is consistent with the IEPs developed for the students. 
   
  (4) A school district shall provide supplementary services that each student 
with a disability needs to successfully complete career and technology 
education, such as curriculum modification, equipment modification, classroom 
modification, supportive personnel, and instructional aids and devices. 
   
  (5) A school district shall help fulfill the transitional service requirements 
of the IDEA for each student with a disability who is completing a coherent 
sequence of career and technology education courses. 
 
  This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's authority. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606356 
  Criss Cloudt 
 Associate Commissioner, Policy Planning and Research 
 Texas Education Agency 
    Effective date: May 29, 1996 
 Proposal publication date: February 2, 1996 
 For further information, please call: (512) 463-9701 
         
                     
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part III. Texas Youth Commission 
  Chapter 91. Discipline and Control 
  
  Disciplinary Practices 
 
  37 TAC sec.sec.91.7, 91.9, 91.11 
 
  The Texas Youth Commission (TYC) adopts the repeal of sec. sec.91.7, 91.9, and 
91.11, concerning reclassification consequence, parole revocation consequence, 
and disciplinary transfer/assigned minimum length of stay, without changes to 
the proposed text as published in the April 2, 1996, issue of the Texas Register 
(21 TexReg 2634). 
 The justification for the repeal of the sections is to replace the appealed 
rules by new rules which encourage more efficient agency operation. 
 The sections are being repealed and new replacement sections proposed to allow 
changes in rules of operation which are more consistent with legislative intent 
and agency mission regarding committed juvenile delinquents. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the Human Resources Code,  sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the accomplishment of its functions. 
 The proposed rule implements the Human Resource Code, sec.61.034. 
 
  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. 
 Issued in Austin, Texas, on May 7, 1996. 
 TRD-9606302 
  Steve Robinson 
 Executive Director 
 Texas Youth Commission 
    Effective date: June 1, 1996 
 Proposal publication date: April 2, 1996 
 For further information, please call: (512) 483-5244 
         
     
  The Texas Youth Commission (TYC) adopts new sec.sec.91.7, 91.9, and 91.11, 
concerning reclassification consequence, parole revocation consequence, and 
disciplinary transfer/assigned minimum length of stay, without changes to the 
proposed text as published in the April 2, 1996, issue of the Texas Register  
(21 TexReg 2634). 
 The justification for the new sections is to increase safety for the public and 
TYC staff and youth. 
 New sec.91.7 provides for the reclassification of the youth as a disciplinary 
consequence for commission of a high risk offense. Section 91.9 provides for the 
revocation of a TYC youth's parole status as a disciplinary consequence for 
behavior that presents an unacceptable risk to the safety of persons and 
property. New sec.91.11 establishes criteria for the movement of a youth to an 
appropriate placement and/or assignment of a minimum length of stay as 
disciplinary consequences for behavior that violates TYC rules. 
 No comments were received regarding adoption of the new rules. 
 The new rules are adopted under the Human Resources Code, sec.61.074, which 
provides the Texas Youth Commission with the authority order the child's 
confinement under conditions it believes best designed for the child's welfare 
and the interests of the public. 
 The proposed rules implement the Human Resource Code, sec.61.034. 
 
  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. 
 Issued in Austin, Texas, on May 7, 1996. 
 TRD-9606303 
  Steve Robinson 
 Executive Director 
 Texas Youth Commission 
    Effective date: June 1, 1996 
 Proposal publication date: April 2, 1996 
 For further information, please call: (512) 483-5244 
         
         
  Due Process Hearings Procedures 
 
  37 TAC sec.91.31 
 
  The Texas Youth Commission (TYC) adopts an amendment to  sec.91.31, concerning 
Level I hearing procedures, without changes to the proposed text as published in 
the April 2, 1996, issue of the Texas Register (21 TexReg 2636). 
 The justification for amending the section is to have a more efficient hearings 
process. 
 The amendment defines the types of evidence that may be received by the 
hearings examiner for purposes of disposition at a TYC youth's Level I hearing. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Human Resources Code,  sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions. 
 The proposed rule implements the Human Resource Code, sec.61.034. 
 
  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. 
 Issued in Austin, Texas, on May 7, 1996. 
 TRD-9606301 
  Steve Robinson 
 Executive Director 
 Texas Youth Commission 
    Effective date: June 1, 1996 
 Proposal publication date: April 2, 1996 
 For further information, please call: (512) 483-5244 
         
         
  Control 
 
  37 TAC sec.91.51, sec.91.69 
 
  The Texas Youth Commission (TYC) adopts the repeal of sec.91.51 and sec.91. 
69, concerning facility security and detention, without changes to the proposed 
text as published in the April 2, 1996, issue of the Texas Register  (21 TexReg 
2637). 
 The justification for the repeal of the sections is to replace the appealed 
rules by new rules which encourage more efficient agency operation. 
 These sections are being repealed and new replacement sections proposed to 
allow changes in rules of operation which are more consistent with legislative 
intent and agency mission regarding committed juvenile delinquents. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the Human Resources Code,  sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the accomplishment of its functions. 
 The proposed rules implement the Human Resource Code, sec.61.034. 
 
  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. 
 Issued in Austin, Texas, on May 7, 1996. 
 TRD-9606304 
  Steve Robinson 
 Executive Director 
 Texas Youth Commission 
    Effective date: June 1, 1996 
 Proposal publication date: April 2, 1996 
 For further information, please call: (512) 483-5244 
         
     
  The Texas Youth Commission (TYC) adopts new sec.91.51 and sec.91. 69, 
concerning facility security and detention, without changes to the proposed text 
as published in the April 2, 1996, issue of the Texas Register (21 TexReg 2637). 
 The justification for the new sections is to provide a safer environment for 
TYC staff and youth and the public. 
 These new sections will provide guidelines to ensure minimum safety standards 
at each TYC facility. Criteria concerning admission and hearing is established 
for TYC youth held in county detention. 
 No comments were received regarding adoption of the new sections. 
 The new sections are adopted under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the accomplishment of its functions. 
 The proposed rules implement the Human Resource Code, sec.61.034. 
 
  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. 
 Issued in Austin, Texas, on May 7, 1996. 
 TRD-9606305 
  Steve Robinson 
 Executive Director 
 Texas Youth Commission 
    Effective date: June 1, 1996 
 Proposal publication date: April 2, 1996 
 For further information, please call: (512) 483-5244 
         
         
  Peace Officers 
 
  37 TAC sec.91.85, sec.91.87 
 
  The Texas Youth Commission (TYC) adopts the repeal of sec.91.85 and sec.91. 
87, concerning peace officer continuum of force and firearms management, without 
changes to the proposed text as published in the April 2, 1996, issue of the 
Texas Register (21 TexReg 2638). 
 The justification for the repeal of the sections is to replace the appealed 
rules by new rules which encourage more efficient agency operation. 
 The sections are being repealed and new replacement sections proposed to allow 
changes in rules of operation which are more consistent with legislative intent 
and agency mission. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the Human Resources Code,  sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the accomplishment of its functions. 
 The proposed rule implements the Human Resource Code, sec.61.034. 
 
  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. 
 Issued in Austin, Texas, on May 7, 1996. 
 TRD-9606306 
  Steve Robinson 
 Executive Director 
 Texas Youth Commission 
    Effective date: June 1, 1996 
 Proposal publication date: April 2, 1996 
 For further information, please call: (512) 483-5244 
         
     
  The Texas Youth Commission (TYC) adopts new sec.91.85 and sec.91. 87, 
concerning peace officers continuum of force and firearms management, without 
changes to the proposed text as published in the April 2, 1996, issue of the 
Texas Register (21 TexReg 2638). 
 The justification for the new sections is to provide a more efficient process 
of apprehending TYC youth on escape. 
 The new rules will provide procedures for TYC apprehension specialists who act 
as peace officers in performing their jobs, including carrying firearms. 
 No comments were received regarding adoption of the new rules. 
 The new rules are adopted under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions, and sec.61.0931, which provides 
the Texas Youth Commission with authority to commission peace officers. 
 The proposed rules implement the Human Resource Code, sec.61.034. 
 
  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. 
 Issued in Austin, Texas, on May 7, 1996. 
 TRD-9606307 
  Steve Robinson 
 Executive Director 
 Texas Youth Commission 
    Effective date: June 1, 1996 
 Proposal publication date: April 2, 1996 
 For further information, please call: (512) 483-5244 
         
               
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part I. Texas Department of Human Services 
  Chapter 11. Food Distribution and Processing 
  
  The Texas Department of Human Services (DHS) adopts amendments to sec.sec.11. 
123, 11.6001, and 11.6008, without changes to the proposed text published in the 
March 26, 1996, issue of the Texas Register (21 TexReg 2458). 
 The justification for the amendment to sec.11.123 is to clarify eligibility 
criteria for soup kitchen/food bank (SK/FB) commodities that are served as meals 
or provided to households for home consumption. The justification for the 
amendments to sec.11.6001 and sec.11.6008 is to allow SK/FBs access to the 
Emergency Food Assistance Program (TEFAP) administrative funds for reimbursement 
of costs associated with distributing SK/FB commodities. Access to 
administrative funds for SK/FBs is required by the Hunger Prevention Act of 1988 
and by 7 Code of Federal Regulations (CFR) 250.52(e) and 7 CFR 251.8(d)(I) (i) 
and (ii). 
 The amendments will function by allowing SK/FBs to distribute more foods in 
greater variety to needy individuals and households. 
 DHS received one comment from the Capital Area Food Bank supporting the rule 
change "which would allow soup kitchens some relief from the high storage costs 
that have resulted from the state-negotiated warehouse contracts." Additionally, 
the commenter urged DHS not to reward inefficiency by reimbursing commodity 
contractors who store food for long periods of inactivity. To help ensure 
efficiency by commodity contractors, the commenter recommended that DHS 
reimburse allowable expenses according to priority. 
 The amendment to sec.11.6008 allows DHS to modify terms of commodity contracts 
"as needed." When modifying soup kitchen contracts, DHS will use the authority 
provided in sec.11.6008 to specify the costs for which DHS will reimburse soup 
kitchens and will require program activity as a condition for claim 
reimbursement. DHS believes that by reimbursing only specific costs, DHS 
promotes efficiency and that the program activity requirement will encourage 
organizations to prepare and serve meals. Thus, DHS will accomplish what the 
commenter recommends, but will do so without reimbursing by priority. Therefore, 
DHS is adopting the proposed rules without further clarification. 
   
  The Food Distribution Program 
 
  40 TAC sec.11.123 
 
  The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 33, which provides the department with the authority to administer public 
and nutritional assistance programs. 
 The amendment implements the Human Resources Code, sec. sec.22.001-22.030 and 
sec.sec.33.001-33.024. 
 
  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. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606370 
  Glenn Scott 
 General Counsel, Legal Services 
 Texas Department of Human Services 
    Effective date: June 1, 1996 
 Proposal publication date: March 26, 1996 
 For further information, please call: (512) 438-3765 
         
         
  The Emergency Food Assistance Program (TEFAP) 
 
  40 TAC sec.11.6001, sec.11.6008 
 
  The amendments are adopted under the Human Resources Code, Title 2, Chapters 
22 and 33, which provides the department with the authority to administer public 
and nutritional assistance programs. 
 The amendments implement the Human Resources Code, sec. sec.22.001-22.030 and 
sec.sec.33.001-33.024. 
 
  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. 
 Issued in Austin, Texas, on May 8, 1996. 
 TRD-9606371 
  Glenn Scott 
 General Counsel, Legal Services 
 Texas Department of Human Services 
    Effective date: June 1, 1996 
 Proposal publication date: March 26, 1996 
 For further information, please call: (512) 438-3765 
         
             Part II. Texas Rehabilitation Commission 
  Chapter 111. Medicaid Waiver Program for People with Deaf-Blindness and 
Multiple Disabilities 
  
  40 TAC sec.111.6 
 
  The Texas Rehabilitation Commission (TRC) adopts an amendment to sec.111.6, 
concerning Planning for and Provision of Services in the Medicaid Waiver Program 
for People with Deaf-Blindness and Multiple Disabilities. The amendment is 
adopted without changes to the proposed text as published in the April 2, 1996, 
issue of the Texas Register (21 TexReg 2639). 
 The justification for the amendment is to provide for statewide announcements 
of the need for providers. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under Texas Human Resources Code Annotated, Title 7, 
sec.111.018, which provides the Texas Rehabilitation Commission with the 
authority to promulgate rules consistent with Title 7, Texas Human Resources 
Code Annotated, and under Texas Civil Statutes, Article 4413(502), sec.16, which 
provides the Health and Human Services Commission with the authority to 
administer federal medicaid assistance funds. 
 Title 7, Chapter 113 of the Vernon Texas Code Annotated, is affected by this 
adopted amendment. 
 
  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. 
 Issued in Austin, Texas, on April 23, 1996. 
 TRD-9606259 
  Charles W. Schiesser 
 General Counsel, Office of the General Counsel 
 Texas Rehabilitation Commission 
    Effective date: May 27, 1996 
 Proposal publication date: April 2, 1996 
 For further information, please call: (512) 483-4051