The State Board of Education (SBOE) adopts new §74.33, concerning curriculum requirements, without changes to the proposed text as published in the October 3, 2003, issue of the Texas Register (28 TexReg 8485) and will not be republished. The adopted new section describes additional requirements for social studies classes for Grades 3 - 12, in response to House Bill (HB) 1776, 78th Texas Legislature, 2003.

Texas Education Code, §29.907, resulting from HB 1776, sets forth a date change for Celebrate Freedom Week to include the week of November 11 and recitation requirements for students in Grades 3 - 12. The legislation specifies that appropriate instruction must include the intent, meaning, and importance of the Declaration of Independence and the United States Constitution, including the Bill of Rights, in their historical contexts, including recitation by students.

The adopted new 19 TAC §74.33 describes instruction that must be included during Celebrate Freedom Week and the specific text that students are required to recite. The new rule provides school districts the authority to excuse students from the recitation under certain conditions.

In accordance with TEC, §7.102(f), the SBOE approved this rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than September 1, 2004, as necessary to comply with HB 1776 that requires the rule take effect not later than December 31, 2003.

The following comment was received regarding adoption of the new section.

Comment. An individual commented that the agency should take into consideration the religious beliefs of the founders of the nation as it considers rules for schools to comply with HB 1776 and Celebration of Freedom Week for Texas public schools. The individual expressed the opinion that anyone with the slightest instruction in American history, and the Christian faith, must honestly acknowledge the importance of the Christian world view and its relationship to the founding and establishing of our nation.

Agency response. New 19 TAC §74.33, Additional Requirement for Social Studies Classes for Grades 3 - 12, was proposed in accordance with and to implement the TEC, §29.907, as amended by HB 1776, 78th Texas Legislature, 2003.

The new section is adopted under the Texas Education Code (TEC), §7.102(c)(4), which authorizes the State Board of Education (SBOE) to establish curriculum and graduation requirements; and TEC, §29.907, which authorizes the State Board of Education to adopt rules requiring each social studies class to include appropriate instruction concerning the Declaration of Independence and the United States Constitution, including the Bill of Rights, in their historical contexts.

The new section implements the TEC, §7.102(c)(4) and §29.907.