The Texas Education Agency (TEA) adopts 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. Amendments to §74.13 and new §74.42 and §74.44 are adopted with changes to the proposed text as published in the June 2, 2000, issue of the Texas Register (25 TexReg 4995). Amendments to §§74.3, 74.11, 74.12, 74.14, and 74.23- 74.29 and new §§74.31, 74.41, and 74.43 are adopted without changes to the proposed text as published in the June 2, 2000, issue of the Texas Register (25 TexReg 4995) and will not be republished.

Texas Education Code (TEC), §28.002(a), sets forth the required curriculum that each school district must offer. The adopted amendments to §§74.3, 74.11-74.14, 74.23-74.29, and new §74.31 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 adopted 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 adopted new sections to designate Geometry as a required mathematics course and to address specific science content requirements. In addition, the adopted 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.

In response to comments, the following changes have been made to the following sections since published as proposed.

Language in §74.13(a)(3)(C) was modified to clarify the reference to academic college courses and articulated tech-prep college courses.

A technical correction resulted in deleting §74.42(b)(11) relating to elective courses and adding the same language as new §74.42(c) for formatting consistency.

Language in §74.44(d)(3) was modified to clarify the reference to academic college courses and articulated tech-prep college courses.

The following comments were received regarding adoption of the amendments and new sections.

Comment. Concerning §74.3(b)(2)(K), a comment was received from an individual that supports the clarification of the required technology applications curriculum and the Texas Essential Knowledge and Skills (TEKS) for Technology Applications in 19 TAC Chapter 126. In addition, the individual supports the listing of the eight technology applications courses in the graduation requirements in 19 TAC Chapter 74, Subchapter B.

Agency Response. The agency agrees with the comment and has maintained language as filed as proposed.

Comment. Concerning §74.3(b)(2)(K), a comment was received from an individual in opposition to the proposed change to reduce the number of technology applications courses from eight to four courses.

Agency Response. The agency disagrees with the comment and has maintained language as filed as proposed. Districts may offer all eight courses in technology applications, but at least four courses must be offered.

Comment. Concerning §§74.11(d)(9), 74.12(b)(11), and 74.13(a)(1)(k), comments were received from an individual representing the Texas Speech Communications Association supporting proposed language that the Communication Applications course be the course that students must complete to receive their speech credit. This individual expressed that the Communication Applications course provides a common ground in communication skills for all Texas students.

Agency Response. The agency agrees with the comment and has maintained language as filed as proposed. In addition, parallel language is maintained in §§74.42(b)(9), 74.43(b)(9), and 74.44(b)(9) as filed as proposed.

Comment. Concerning §74.13(a)(3)(C) and §74.44(d)(3), a representative of a tech-prep consortium expressed concern regarding the addition of the word "academic" to these sections. The individual pointed out that most tech-prep articulated college credit is awarded for career and technology courses, not for academic courses.

Agency Response. The agency agrees with the comment and has amended the section. In order to provide clarification, language was revised to specify that "academic college courses and tech-prep articulated college courses with a grade of 3.0 or higher" qualify as advanced measures.

Comment. Concerning §74.23, a comment was received from an individual in support of the clarification on distance learning courses.

Agency Response. The agency agrees with the comment and has maintained language as filed as proposed. Students who wish to pursue online courses for high school graduation credit may do so with the consent of the school district.

Comment. Concerning §74.25, a comment was received from an individual stating that there needs to be coordination of the alignment of college courses with the TEKS of the courses for which the students are receiving credit. The individual would like for districts to receive more guidance in this area from the state.

Agency Response. The agency agrees with the comment that there is a need for alignment of college courses with the TEKS of courses for which students are receiving credit; however, the agency disagrees that the state should provide more guidance in this area and has maintained language as filed as proposed. School districts have the authority to analyze the content of college courses and give permission to students who wish to take courses for dual credit.

Comment. Concerning §74.42(b)(3) and §74.43(b)(3), an individual requested that alternate options be considered for graduation that do not impose difficult academic standards for students interested in the arts, or simply not interested in careers requiring Algebra I or Chemistry and Physics.

Agency Response. The agency disagrees with the comment and has maintained language as filed as proposed. Students need a rigorous foundation in order to make wise career or education choices after they complete their high school diplomas.

Comment. Concerning §74.42(b)(3) and §74.43(b)(3), a comment was received from an individual recommending that students be allowed to take more than one of the science courses from the list of science courses reflected in the proposed language.

Agency Response. The agency disagrees with the comment and has maintained language as filed as proposed. Students entering Grade 9 in the 2001-2002 school year must have the proposed courses in order to meet the SB 103 assessment requirements. Students may take an additional science course in the academic elective. Students may also take science courses to fulfill any of the five and one-half credits of electives in the Minimum High School Program or the three and one-half credits of electives in the Recommended High School Program (RHSP).

Comment. Concerning §74.42(b)(3) and §74.43(b)(3), several individuals expressed concern about requiring students to take such rigorous courses such as Biology, Chemistry, and Physics for the RHSP. They also stated that students should be given choices other than these courses to complete the Minimum High School Program.

Agency Response. The agency disagrees with the comment and has maintained language as filed as proposed. In order for students to be adequately prepared for the exit-level exam as required in SB 103, students entering the Grade 9 in the 2001-2002 school year must have an opportunity to learn what will be tested. The course options presented in the proposed language meet the SB 103 content requirements.

Comment. Concerning §74.42(b)(3) and §74.43(b)(3), several individuals asked that the agency list a scope and sequence to be included in the list of science courses that students complete for the RHSP and the Distinguished Achievement Program (DAP).

Agency Response. The agency disagrees with the comment and has maintained language as filed as proposed. The new rules identify the course options and the courses are described in the TEKS. Decisions about course sequence are local authority.

Comment. Concerning §74.42(b)(3) and §74.43(b)(3), a comment was received from an individual asking that Advanced Placement Environmental Science be included in the list of science courses that students may choose for the RHSP and DAP.

Agency Response. The agency disagrees with the comment and has maintained language as filed as proposed. Current students may take this course to fulfill elective options in the graduation plans, but students entering Grade 9 in the 2001-2002 school year must have the proposed courses in order to meet the SB 103 assessment programs.

Comment. Concerning §74.42(b)(3), several individuals expressed concern that only two science credits are required in the Minimum High School Program.

Agency Response. The agency disagrees with the comment and has maintained language as filed as proposed. As outlined in the new rules, two credits would fulfill requirements for adequate preparation for the Grade 11 science exit-level assessment as outlined in SB 103. Students may also take an additional science course in the academic elective. Students may also take science courses to fulfill any of the five and one-half credits of electives in the Minimum High School Program.

Comment. Concerning §74.43(b)(3), comments were received from the Texas Business and Education Coalition and an individual that support the proposal of Biology as a prescribed course in the RHSP because it strengthens the core academic preparation for students.

Agency Response. The agency agrees with the comment and has maintained language as filed as proposed.

Comment. Concerning §§74.42(b)(4), 74.43(b)(4), and 74.44(b)(4), comments were received from two individuals and a representative of the Texas Eagle Forum that support adding one-half credit to United States History to make it a one and one-half credit course.

Agency Response. The agency disagrees with the comment and has maintained language as filed as proposed. Such a revision would require changes to other graduation requirements. It would also have implications for timelines for Proclamation 2000 and the new statewide assessment program.

Comment. Concerning §§74.42(b)(4), 74.43(b)(4), and 74.44(b)(4), the Texas Council for the Social Studies and several individuals expressed concern about the possibility of adding a third semester or one-half credit to United States History Studies Since Reconstruction. This addition would affect 10th grade assessment, the sequencing of courses at high schools, graduation requirements, textbooks, and the TEKS.

Agency Response. The agency agrees with the comment and has maintained language as filed as proposed.

Comment. Concerning §74.43(c) and §74.44(c), comments were received from the Texas Business and Education Coalition that recommend that Options I and II, as delineated in §74.12(c) and §74.13(a)(2)(A) for current elective credits required for graduation, be retained and continue to serve as a roadmap for students who prepare for associate's degrees, bachelor's degrees, and technical education. Additionally, they suggested that Option III of the current graduation requirements might be expanded to allow students to complete the 24-credit requirement by completing three and one-half elective credits from the state-approved high school level courses.

Comment. Concerning §74.43(c) and §74.44(c), comments were received from a tech-prep representative who expressed concern about the elimination of Options I-III in the RHSP and DAP. The representative felt that school districts should be held accountable for counseling students and that the options help students focus on their four-year plans and encourage them to make logical decisions for their future.

Agency Response. The agency disagrees with the comments and has maintained language as filed as proposed. The elimination of Options I-III allows more flexibility for students in choosing elective courses while at the same time maintains the rigor of the core curriculum. Under the new rules students may still take the courses specified in Option I-III.

Comment. Concerning §74.43(c) and §74.44(c), comments were received from several individuals who endorse the elimination of Options I-III. They believe that flexibility in electives would be beneficial for students. Individuals also commented that these options limit student elective course choices.

Agency Response. The agency agrees with the comment and has maintained the language as filed as proposed to eliminate Options I-III to allow more flexibility for students in choosing elective courses, and at the same time maintain the rigor of the core curriculum.

Comment. Concerning §74.44(c), several individuals objected to not including Option I, related to the math and science elective, since it helps direct students to academic choices in their electives.

Agency Response. The agency disagrees with the comment and has maintained language as filed as proposed. The elimination of Options I-III allows more flexibility for students in choosing elective courses while at the same time maintains the rigor of the core curriculum. Under the new rules students may still take the courses specified in Option I-III.

Comment. Concerning §74.44(b)(3), several individuals have expressed concern for including Integrated Physics and Chemistry (IPC) in the DAP since colleges and universities do not recognize this course.

Agency Response. The agency disagrees with the comment and has maintained language as filed as proposed. IPC is one of the courses that would meet the science requirements in new 19 TAC Chapter 74, Subchapter D, in all three of the high school graduation plans. The IPC course may be used in one of a number of course combinations that would prepare students to meet the exit-level test requirements of SB 103.

The amendments and new section are adopted 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.