TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 113. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR SOCIAL STUDIES

SUBCHAPTER C. HIGH SCHOOL

19 TAC §113.50

The State Board of Education (SBOE) proposes new §113.50, concerning Texas Essential Knowledge and Skills (TEKS) for social studies. The proposal would add TEKS for a new high school social studies course on Mexican American studies for implementation in the 2019-2020 school year.

The 83rd Texas Legislature, 2013, passed House Bill (HB) 5, amending the Texas Education Code (TEC), §28.025, to change the high school graduation programs from the minimum, recommended, and advanced high school programs to one foundation high school program with endorsements to increase flexibility in graduation requirements for students. In August 2013, the SBOE held a work session to discuss changes to the graduation requirements in order to align with the requirements of HB 5, including discussion of courses required by HB 5. At the January 2014 meeting, the SBOE approved the final adoption of new 19 TAC Chapter 74, Curriculum Requirements, Subchapter B, Graduation Requirements. At the April 2014 meeting, the SBOE prioritized the development of new courses to align with requirements of HB 5. The list of new courses to be developed included a Mexican American studies course.

In spring 2015, a new Mexican American Studies innovative course was approved by the commissioner of education for use beginning with the 2015-2016 school year. School districts and open-enrollment charter schools may offer any state-approved innovative course for elective credit with the approval of the local board of trustees.

There are currently state-approved TEKS for general social studies elective courses that allow educators to select specific historical, cultural, or research topics in social studies to address in greater depth. In social studies, these courses include Special Topics in Social Studies, Social Studies Research Methods, and Social Studies Advanced Studies.

The SBOE held discussions regarding the development of TEKS for a Mexican American studies course at its January-February and April 2018 meetings. At the April 2018 meeting, the SBOE instructed staff to prepare rule text for a new course based on the currently approved Mexican American Studies innovative course submitted by Houston Independent School District and to present the item for first reading and filing authorization at the June 2018 meeting.

The SBOE held a public hearing on the proposed new section on June 12, 2018, and approved the new section for first reading and filing authorization at its June 15, 2018, meeting.

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

FISCAL NOTE. Monica Martinez, associate commissioner for standards and support services, has determined that for the first five-year period the proposed new section is in effect there will be no additional costs to state or local government as a result of enforcing or administering the proposed new section.

There is no effect on local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed new section does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT. TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years, the proposed rulemaking does not create or eliminate a government program and will not require an increase or decrease in future legislative appropriations to the agency. The proposed rulemaking does not require the creation of new employee positions, eliminate current employee positions, nor require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create, expand, repeal, or limit an existing regulation, nor does it increase or decrease the number of individuals subject to its applicability. The proposed rulemaking should not impact positively or negatively the state's economy.

PUBLIC BENEFIT/COST NOTE. Ms. Martinez has determined that for each year of the first five years the proposed new section is in effect, the public benefit anticipated as a result of enforcing the new section will be a new TEKS-based course option for students and increased flexibility in meeting graduation requirements. There is no anticipated economic cost to persons who are required to comply with the proposed new section.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBOE_Rules_(TAC)/Proposed_State_Board_of_Education_Rules/. Comments on the proposal may also be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. A request for a public hearing on the proposed amendment submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

STATUTORY AUTHORITY. The new section is proposed under the Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; and TEC, §28.002, which identifies the subjects of the required curriculum and requires the SBOE to by rule identify the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments.

CROSS REFERENCE TO STATUTE. The new section implements the Texas Education Code, §7.102(c)(4) and §28.002.

§113.50.Ethnic Studies: Mexican American Studies (One Credit).

(a) General requirements. Students shall be awarded one credit for successful completion of this course. This course is recommended for students in Grades 10-12.

(b) Introduction.

(1) In Ethnic Studies: Mexican American Studies, an elective course, students learn about the history and cultural contributions of Mexican Americans. Students explore history and culture from an interdisciplinary perspective. The course emphasizes events in the 20th and 21st centuries, but students will also engage with events prior to the 20th century.

(2) To support the teaching of the essential knowledge and skills, the use of a variety of rich primary and secondary source material such as biographies, autobiographies, landmark cases of the U.S. Supreme Court, novels, speeches, letters, diaries, poetry, songs, and artwork is encouraged. Motivating resources are available from museums, historical sites, presidential libraries, and local and state preservation societies.

(3) The eight strands of the essential knowledge and skills for social studies are intended to be integrated for instructional purposes. Skills listed in the social studies skills strand in subsection (c) of this section should be incorporated into the teaching of all essential knowledge and skills for social studies. A greater depth of understanding of complex content material can be attained when integrated social studies content from the various disciplines and critical-thinking skills are taught together.

(4) Students identify the role of the U.S. free enterprise system within the parameters of this course and understand that this system may also be referenced as capitalism or the free market system.

(5) Throughout social studies in Kindergarten-Grade 12, students build a foundation in history; geography; economics; government; citizenship; culture; science, technology, and society; and social studies skills. The content, as appropriate for the grade level or course, enables students to understand the importance of patriotism, function in a free enterprise society, and appreciate the basic democratic values of our state and nation as referenced in the Texas Education Code (TEC), §28.002(h).

(6) Students understand that a constitutional republic is a representative form of government whose representatives derive their authority from the consent of the governed, serve for an established tenure, and are sworn to uphold the constitution.

(7) State and federal laws mandate a variety of celebrations and observances, including Celebrate Freedom Week.

(A) Each social studies class shall include, during Celebrate Freedom Week as provided under the TEC, §29.907, or during another full school week as determined by the board of trustees of a school district, appropriate instruction concerning the intent, meaning, and importance of the Declaration of Independence and the U.S. Constitution, including the Bill of Rights, in their historical contexts. The study of the Declaration of Independence must include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of its ideas to the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the U.S. Constitution, and the abolitionist movement, which led to the Emancipation Proclamation and the women's suffrage movement.

(B) Each school district shall require that, during Celebrate Freedom Week or other week of instruction prescribed under subparagraph (A) of this paragraph, students in Grades 3-12 study and recite the following text: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed."

(8) Students identify and discuss how the actions of U.S. citizens and the local, state, and federal governments have either met or failed to meet the ideals espoused in the founding documents.

(9) Statements that contain the word "including" reference content that must be mastered, while those containing the phrase "such as" are intended as possible illustrative examples.

(c) Knowledge and skills.

(1) History. The student understands historical points of reference in Mexican American history. The student is expected to apply absolute and relative chronology through the sequencing of significant individuals, events, and time periods.

(2) History. The student understands developments related to pre-colonial settlements and Spanish colonization of Mesoamerica and North America. The student is expected to:

(A) explain the significance of the following events as turning points relevant to Mexican American history: Aztec arrival in Mexico's central valley, establishment of the Aztec Empire, Hernán Cortéz's first encounter with the Aztecs, Spanish conquest of the Aztecs, creation of the New Laws, and Jesuit expulsion from the Americas; and

(B) examine the contributions of significant individuals from the Spanish colonial era, including Moctezuma, Hernán Cortéz, La Malinche, Bartolomé de las Casas, and Sor Juana Inés de la Cruz.

(3) History. The student understands developments related to Mexican independence and Mexico's relationship with the United States from 1800-1930. The student is expected to:

(A) explain the significance of the following events as turning points relevant to Mexican American history: the Grito de Dolores, Mexico's acquisition of independence, Texas's declaration of independence from Mexico, Mexican-American War, Treaty of Guadalupe Hidalgo, Mexican Revolution, creation of the U.S. Border Patrol, and Mexican repatriation of the 1930s; and

(B) examine the contributions of significant individuals from this period such as Father Miguel Hidalgo, José María Morelos, Augustín de Iturbide, Emiliano Zapata, Francisco (Pancho) Villa, Francisco Madero, Porfirio Díaz, and Álvaro Obregón.

(4) History. The student understands the causes and impact of the Mexican American civil rights movement from the 1940s to 1975. The student is expected to:

(A) explain the significance of the following events as turning points relevant to Mexican American history: U.S. entry into World War II, Bracero Program, Longoria Affair, Operation Wetback, Hernández v. Texas, Brown v. Board of Education, Civil Rights Act of 1964, Voting Rights Act of 1965, Farmworkers strike and boycott, and establishment of La Raza Unida Party; and

(B) identify the contributions of significant individuals from the civil rights era such as César Chávez, Dolores Huerta, Reies López Tijerina, José Ángel Gutiérrez, Rubén Salazar, Emma Tenayuca, Rodolfo "Corky" Gonzáles, Marcario García, Héctor P. García, Roy Benavidez, and Martha P. Cotera.

(5) History. The student understands the development of voting rights and ideas related to citizenship for Mexican Americans from 1975 to the present. The student is expected to:

(A) explain the significance of the following events as turning points relevant to Mexican American history: the Immigration Reform and Control Act, Illegal Immigration Reform and Immigration Responsibility Act; and H.R. 4437 passed by the U.S. House of Representatives in 2006; and

(B) identify the contributions of significant individuals such as Raul Yzaguirre, Willie Velásquez, Gloria Anzaldúa, Henry Cisneros, Cherrie L. Moraga, and Bill Richardson.

(6) Geography. The student understands the impact of geographic factors on major events related to Mexican Americans. The student is expected to:

(A) locate places and regions of cultural and historical significance in Mexican American history;

(B) identify physical and human geographic factors related to the settlement of American Indian societies;

(C) explain how issues of land use related to Mexican Independence, Texas Independence, and the Mexican Revolution;

(D) analyze physical and human geographic factors related to Mexican migration from the 1910s to the 1930s;

(E) identify physical and human geographic factors related to the migration of Mexican laborers as part of the 1940s Bracero Program; and

(F) analyze the physical and human geographic factors related to contemporary Mexican migration to and Mexican American migration within the United States.

(7) Economics. The student understands domestic issues related to Mexican American population growth, labor force participation, and the struggle to satisfy wants and needs given scarce resources. The student is expected to:

(A) analyze the economic impact of Mexican repatriation of the 1930s;

(B) evaluate the contributions of the Bracero Program to the U.S. war effort and the development of the agricultural economy in the American Southwest;

(C) explain the struggle to create a farmworkers union and the union's efforts to fight for better wages;

(D) analyze the economic contributions of the Mexican American labor force;

(E) analyze the purchasing power of the Mexican American population as it relates to U.S. household consumption and gross domestic product (GDP); and

(F) discuss current issues related to the Mexican American labor force.

(8) Government. The student understands the significance of political decisions and the struggle for Mexican American political power throughout U.S. history. The student is expected to:

(A) describe how Mexican Americans have participated in supporting and changing government;

(B) analyze the impact of Delgado v. Bastrop Independent School District (ISD) and Hernández v. Texas on Mexican Americans and the end of the biracial paradigm;

(C) analyze the Mexican American struggle for civil rights as manifested in the Chicano movement;

(D) evaluate the successes and failures of the Mexican American civil rights movement and the farmworkers movement;

(E) analyze the significance of U.S. Supreme Court decisions in Miranda v. Arizona, San Antonio ISD v. Rodríguez, and Plyler v. Doe; and

(F) discuss the role of various organizations such as the American G.I. Forum, the League of United Latin American Citizens (LULAC), the Mexican American Legal Defense and Educational Fund (MALDEF), the National Association of Latino Elected and Appointed Officials (NALEO), and the National Council of La Raza (NCLR) that have participated in the Mexican American struggle for political power.

(9) Citizenship. The student understands the importance of the respectful expression of different points of view in a constitutional republic. The student is expected to:

(A) describe the rights and responsibilities of Mexican Americans as Americans in civic participation within the United States;

(B) discuss ways Americans interpret formal citizenship and cultural citizenship, including membership in one nation and membership in diverse cultural groups;

(C) discuss ways individuals contribute to the national identity as members of diverse cultural groups; and

(D) analyze the connotations and histories of identity nomenclature relevant to Mexican Americans such as Mexican, Spanish, Hispanic, Chicana/o, illegal, undocumented, Mexican American, and American Mexican.

(10) Culture. The student understands the relationship between Mexican American artistic expression and the times during which the art was created. The student is expected to:

(A) describe how the characteristics and issues of Mexican American history have been reflected in various genres of art, music, film, and literature;

(B) analyze the significance of selected works of Mexican American literature such as "I am Joaquín" (1967) by Rodolfo "Corky" Gonzáles and "Pensamiento Serpentino" (1971) by Luis Valdez;

(C) describe the role of artistic expression in mobilizing Mexican Americans and others toward civic participation and action such as the role of "Teatro Campesino" during the farmworkers movement;

(D) identify the contributions of women such as Sandra Cisneros and Norma Alarcón; and

(E) identify the impact of Mexican American popular culture on the United States and the world over time.

(11) Science, technology, and society. The student understands the impact of Mexican American individuals and groups on the development of science and technology in American society and on a global scale. The student is expected to:

(A) explain the major ideas in astronomy, mathematics, and architectural engineering that developed in the Maya and Aztec civilizations; and

(B) identify contributions to science and technology in the United States and the world made by Mexican Americans such as Albert Baez, Martha E. Bernal, Ellen Ochoa, and Linda Garcia Cubero.

(12) Social studies skills. The student applies critical-thinking skills to organize and use information acquired from a variety of valid sources, including electronic technology. The student is expected to:

(A) use social studies terminology correctly;

(B) analyze diverse points of view related to contemporary Mexican American issues;

(C) create a written and/or oral presentation on a contemporary issue or topic relevant to Mexican Americans using critical methods of inquiry; and

(D) analyze information by sequencing, categorizing, identifying cause-and-effect relationships, comparing, contrasting, finding the main idea, summarizing, making generalizations and predictions, and drawing inferences and conclusions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 2, 2018.

TRD-201802915

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: August 12, 2018

For further information, please call: (512) 475-1497


SUBCHAPTER D. OTHER SOCIAL STUDIES COURSES

19 TAC §113.69, §113.70

The State Board of Education (SBOE) proposes the repeal of §113.69 and §113.70, concerning Texas Essential Knowledge and Skills (TEKS) for social studies. The proposal repeals would remove rules that are outdated and no longer necessary.

Section 113.69 permits a student to receive one-half to one credit for a social studies elective course or for a non-sequential course in languages other than English (LOTE) by successfully completing the LOTE course Cultural and Linguistic Topics. The Cultural and Linguistic Topics course was eliminated from the TEKS with the revisions to the LOTE TEKS that were implemented in the 2017-2018 school year. Additionally, it is not necessary to specify that a student may receive a social studies elective credit since electives are not classified by a specific subject area. As a result, the rule is outdated and no longer necessary.

Section 113.70 requires that a student be awarded one-half credit for each semester of successful completion of a college course in which the student is concurrently enrolled while in high school. However, credit is awarded based on demonstrated proficiency of the TEKS for a course. As written, this rule is not accurate and should be repealed.

The SBOE approved the repeals for first reading and filing authorization at its June 15, 2018, meeting.

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

FISCAL NOTE. Monica Martinez, associate commissioner for standards and support services, has determined that for the first five-year period the proposed repeals are in effect there will be no additional costs to state or local government as a result of enforcing or administering the proposed repeals.

There is no effect on local economy for the first five years that the proposed repeals are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed repeals do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT. TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years, the proposed rulemaking does not create or eliminate a government program and will not require an increase or decrease in future legislative appropriations to the agency. The proposed rulemaking does not require the creation of new employee positions, eliminate current employee positions, nor require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create, expand, repeal, or limit an existing regulation, nor does it increase or decrease the number of individuals subject to its applicability. The proposed rulemaking should not impact positively or negatively the state's economy.

PUBLIC BENEFIT/COST NOTE. Ms. Martinez has determined that for each year of the first five years the proposed repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be the removal of outdated and unnecessary rules to prevent confusion for administrators and counselors. There is no anticipated economic cost to persons who are required to comply with the proposed repeals.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBOE_Rules_(TAC)/Proposed_State_Board_of_Education_Rules/. Comments on the proposal may also be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. A request for a public hearing on the proposed repeals submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

STATUTORY AUTHORITY. The repeals are proposed under the Texas Education Code (TEC), §7.102(c)(4), which requires the State Board of Education (SBOE) to establish curriculum and graduation requirements; TEC, §28.002, which identifies the subjects of the required curriculum and requires the SBOE by rule to identify the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments; and TEC, §28.025, which requires the SBOE by rule to determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under the TEC, §28.002, and to allow a student to comply with the curriculum requirements by successfully completing a dual credit course.

CROSS REFERENCE TO STATUTE. The repeals implement the Texas Education Code, §7.102(c)(4), §28.002, and §28.025.

§113.69.Other Courses for which Students May Receive Social Studies Credit.

§113.70.Concurrent Enrollment in College Courses.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 2, 2018.

TRD-201802916

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: August 12, 2018

For further information, please call: (512) 475-1497