The State Board of Education (SBOE) proposes new §74.33, concerning curriculum requirements. The proposed new section would describe 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 SBOE is required to adopt rules for these requirements no later than December 31, 2003.

The proposed 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 proposed new rule provides school districts the authority to excuse students from the recitation under certain conditions.

Janet Russell, acting curriculum director, has determined that for the first five-year period the new section is in effect there will be no new fiscal implications for state or local government as a result of enforcing or administering the section.

Dr. Russell has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the section will be the implementation of the legislative effort to educate students about the sacrifices made for freedom in the founding of this country and the values on which this country was founded. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the new section.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rules Division, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed 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 new section is proposed 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.