The State Board of Education (SBOE) proposes an amendment to §74.35 and new §74.37, concerning curriculum requirements. Section 74.35 establishes additional requirements for high school health classes. In accordance with recent legislation passed by the 81st Texas Legislature, 2009, the proposed amendment would reorganize §74.35 and add provisions relating to alcohol awareness. Proposed new §74.37 would add requirements related to physical education.

The 81st Texas Legislature, 2009, passed House Bill (HB) 3076, Senate Bill (SB) 1219, and SB 1344, each of which are related to health education, and SB 891, which is related to physical education.

Health Education

HB 2176, passed by the 80th Texas Legislature, 2007, added the Texas Education Code (TEC), §28.002(p), which required the SBOE, in conjunction with the Office of the Attorney General, to develop a parenting and paternity awareness (p.a.p.a.) program that school districts must use in the high school health curriculum. This program must address parenting skills and responsibilities, including child support and other legal rights, and relationship skills, including money management, communication skills, and marriage preparation. In high schools that do not have a family violence prevention program, skills relating to the prevention of family violence must be included. The SBOE adopted 19 TAC §74.35, Additional Requirements for High School Health Classes, to outline school district and open-enrollment charter school requirements for implementation of this program. The materials for the p.a.p.a. program were approved by the SBOE at the January 2008 meeting. These materials are provided to school districts at no charge.

HB 3076 and SB 1219, passed by the 81st Texas Legislature, 2009, amend the TEC, §28.002(p), to allow a teacher to modify the suggested sequence and pace of the p.a.p.a. program. HB 3076 also amended the TEC, §28.002(p), to allow the p.a.p.a. program to be used in middle and junior high schools. HB 3076 added the TEC, §28.002(p-4), which specifies that a student under 14 years of age may not participate in the p.a.p.a. program without parental consent. HB 3076 also added the TEC, §28.002(p-2), which allows school districts to develop or adopt research-based programs to be used in conjunction with the p.a.p.a. program and the TEC, §28.002(p-3), which requires agency evaluation and distribution of information relating to programs and materials.

SB 1344, passed by the 81st Texas Legislature, 2009, amends the TEC, §28.002, by adding language that requires the SBOE to adopt Texas Essential Knowledge and Skills (TEKS) that address binge drinking and alcohol poisoning.

The proposed amendment to 19 TAC §74.35, Additional Requirements for High School Health Classes, would reorganize the rule to specify modified requirements for the p.a.p.a. program and to add provisions relating to alcohol awareness in accordance with HB 3076, SB 1219, and SB 1344.

Physical Education

SB 891, passed by the 81st Texas Legislature, 2009, amends the TEC, §28.002, by adding language that requires the SBOE, in identifying TEKS, to ensure that the curriculum emphasizes lifetime physical activity; is consistent with national physical education standards; requires that, on a weekly basis, at least 50% of the physical education class be used for actual student physical activity; offers students an opportunity to choose among many types of physical activity; meets the needs of students of all physical ability levels; takes into account the effect that gender and cultural differences might have on student interest in physical activity; teaches self-management and movement skills, cooperation, fair play, and responsible participation in physical activity; promotes student participation in physical activity outside of school; and allows physical education classes to be an enjoyable experience for students. In addition, SB 891 added the TEC, §25.114, addressing a student-to-teacher ratio for physical education classes and student safety.

The proposed new 19 TAC §74.37, Public School Physical Education Curriculum, would identify in rule the essential knowledge and skills of physical education in accordance with SB 891.

Revisions to the TEKS for health and physical education are scheduled to be adopted by the SBOE in 2013. The proposed revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, would put the requirements into rule as part of the required curriculum until the TEKS for health and physical education are revised.

The proposed rule actions would have no new procedural and reporting requirements. The proposed rule actions would have no new locally maintained paperwork requirements.

Anita Givens, associate commissioner for standards and programs, has determined that for the first five-year period the amendment and new section are in effect there will be no additional costs for the state as a result of enforcing or administering the rule actions. Fiscal implications are anticipated for school districts to acquire materials to support the teaching of alcohol awareness. School districts would be required to select from a Texas Education Agency list of alcohol awareness evidence-based programs to include in the health curriculum. School districts would incur administrative costs to purchase these programs. Costs would vary depending on which program was selected. There might also be fiscal implications for school districts to implement the additional requirements in physical education classes. School districts might experience administrative costs to comply with the new physical education requirements. These costs could vary widely depending on whether school districts currently meet or partially meet the new physical education curriculum requirements. As decisions regarding instructional methodology are made by each individual school district, it is difficult to estimate the amount of impact on any given district.

Ms. Givens has determined that for each year of the first five years the amendment and new section are in effect the public benefit anticipated as a result of enforcing the amendment and new section would include stronger curriculum for health education and physical education. There is no anticipated economic cost to persons who are required to comply with the proposed rule actions.

In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. A request for a public hearing on the proposed amendment and new section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The amendment and new section are proposed under the Texas Education Code, §7.102(c)(4), which authorizes the SBOE to establish curriculum and graduation requirements; §28.002(d), which authorizes the SBOE to identify the essential knowledge and skills of physical education that ensure specific curriculum; §28.002(p), which authorizes the SBOE, in conjunction with the Office of the Attorney General, to develop a parenting and paternity awareness program that a school district shall use in the district's high school health curriculum; and §28.002(r), which authorizes the SBOE to adopt essential knowledge and skills that address binge drinking and alcohol poisoning.

The amendment and new section implement the Texas Education Code, §7.102(c)(4) and §28.002(d), (p), (p-2), (p-3), (p-4), and (r).