The State Board of Education (SBOE) adopts an amendment to §74.35 and new §74.37, concerning curriculum requirements. The amendment and new section are adopted without changes to the proposed text as published in the October 9, 2009, issue of the Texas Register (34 TexReg 6976) and will not be republished. Section 74.35 establishes additional requirements for high school health classes. In accordance with recent legislation passed by the 81st Texas Legislature, 2009, the adopted amendment reorganizes §74.35 and adds provisions relating to alcohol awareness. Adopted new §74.37 adds 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 adopted amendment to 19 TAC §74.35, Additional Requirements for High School Health Classes, reorganizes 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 adopted new 19 TAC §74.37, Public School Physical Education Curriculum, identifies 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 adopted revisions to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, put the requirements into rule as part of the required curriculum until the TEKS for health and physical education are revised.

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

The Texas Education Agency determined that 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.

In accordance with the TEC, §7.102(f), the SBOE approved this rule action for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2010-2011 school year. The earlier effective date will allow districts to begin preparing for implementation. The effective date is 20 days after filing as adopted.

Following is a summary of public comments and corresponding responses regarding the proposed revisions to 19 TAC Chapter 74, Subchapter C.

Comment. A representative of the Career and Technology Association of Texas commented that career and technical education courses should continue to be allowed as substitutions for physical education graduation credit.

Response. The comment addressed issues outside the scope of the current rule action proposed for 19 TAC Chapter 74, Subchapter C.

Comment. A professor from The University of Texas at Austin commented that the SBOE should continue to require 1.5 credits of physical education and .5 credit of health as part of the graduation requirements under the minimum high school program and the distinguished achievement program. The individual also commented that the SBOE should require all physical education courses, including substitutions, to address the Texas Essential Knowledge and Skills and that the courses should be delivered and monitored by certified physical education teachers.

Response. The comment addressed issues outside the scope of the current rule action proposed for 19 TAC Chapter 74, Subchapter C.

Comment. A representative of the American Heart Association commented in support of SB 891 and explained that the rules the SBOE would adopt include a clear definition of skills that will support meaningful physical education.

Response. The SBOE agreed.

The amendment and new section are adopted under the TEC, §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 TEC, §7.102(c)(4) and §28.002(d), (p), (p-2), (p-3), (p-4), and (r).