The Texas Education Agency (TEA) proposes amendments to §§74.3, 74.11-74.14, and 74.23-74.29 and new §§74.31 and 74.41-74.44 concerning curriculum requirements. The sections establish definitions, requirements, and procedures related to required curricula, graduation requirements, academic achievement records, special programs, and credit.

Texas Education Code (TEC), §28.002(a), sets forth the required curriculum that each school district must offer. The proposed amendments to §§74.3, 74.11-74.14, 74.23-74.29, and new §74.31 would revise 19 TAC Chapter 74 to clarify existing language. These changes include listing the courses that districts may offer under Technology Applications and allowing credit by exam to be administered for students with some prior instruction, according to local policy. New §§74.41-74.44 are proposed to specify graduation requirements for students entering Grade 9 beginning with the 2001-2002 school year. TEC, 39.023(c), as amended by Senate Bill (SB) 103, 76th Texas Legislature, 1999, requires the implementation of a new assessment program no later than the 2002-2003 school year. As specified in SB 103, the exit-level assessment required for graduation will move from Grade 10 to Grade 11 and increase in scope to test English language arts, mathematics, social studies, and science. SB 103 also specifies the inclusion of certain areas of study in these exit-level tests. Language is included in the proposed new sections to designate Geometry as a required mathematics course and to address specific science content requirements. In addition, the proposed new sections address the following three topics: (1) Junior Reserve Officer Training Corps (JROTC) as an approved elective in all three graduation plans; (2) Communication Applications as the only course to satisfy the speech requirement; and (3) additional flexibility in the choice of electives in the Recommended High School Program and the Distinguished Achievement Program.

Mr. Arturo Almendarez, deputy commissioner for programs and instruction, has determined that for the first five-year period the sections are in effect there will be fiscal implications for local government because school districts will have to revise course catalogs and graduation plans to reflect the changes. Because districts currently revise course catalogs on an annual basis, it is not possible to specifically quantify the cost that might be incurred directly as a result of adoption of these rules. There will be no fiscal implications for state government.

Mr. Almendarez and Criss Cloudt, associate commissioner for policy planning and research, have determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that students will have adequate notice to take the appropriate courses to prepare for the prescribed exit-level assessment required in statute for graduation. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed.

Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tmail.tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed sections submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections have been published in the Texas Register .

The amendments are proposed under the Texas Education Code, §7.102(c)(4), which authorizes the State Board of Education (SBOE) to establish curriculum and graduation requirements; and §28.025(a), which authorizes the SBOE by rule to determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with the required curriculum under §28.002.

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