TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 115. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR HEALTH EDUCATION

The State Board of Education (SBOE) adopts amendments to §§115.22, 115.23, 115.32, and 115.33, concerning Texas Essential Knowledge and Skills (TEKS) for health education. The amendments are adopted without changes to the proposed text as published in the March 3, 2017, issue of the Texas Register (42 TexReg 919) and will not be republished. The adopted amendments add student expectations for prescription drug awareness to the health education TEKS in accordance with Senate Bill (SB) 968, 84th Texas Legislature, 2015.

REASONED JUSTIFICATION. SB 968, 84th Texas Legislature, 2015, added the Texas Education Code, §28.002(w), to require that the SBOE adopt TEKS that address the dangers, causes, consequences, signs, symptoms, and treatment of nonmedical use of prescription drugs. Recommendations for amendments to add student expectations for prescription drug awareness to the health education TEKS were provided to the committee for discussion at the November 2016 meeting. The draft recommendations were also shared with state health organizations and stakeholders for review and feedback.

The amendments were approved by the SBOE for first reading and filing authorization at its February 3, 2017, meeting and for second reading and final adoption at its April 21, 2017, meeting. The effective date of the amendments is August 28, 2017.

SUMMARY OF COMMENTS AND RESPONSES. Following is a summary of the public comments received and the corresponding responses regarding the proposed amendments to 19 TAC Chapter 115, Subchapters B and C.

Comment. One counselor recommended including real statistics on the incidence of sexual abuse, primarily the abuse of women and sexual minorities, in the health education TEKS.

Response. The SBOE disagrees with including the commenter's suggested change in rule and provides the following clarification. The changes in the proposal were specifically to address SB 968, 84th Texas Legislature, 2015, which required the SBOE to adopt essential knowledge and skills that address the dangers, causes, consequences, signs, symptoms, and treatment of nonmedical use of prescription drugs.

Comment. One counselor recommended emphasizing a man's shared responsibility in pregnancy prevention in the health education TEKS.

Response. The SBOE disagrees with including the commenter's suggested change in rule and provides the following clarification. The changes in the proposal were specifically to address SB 968, 84th Texas Legislature, 2015, which required the SBOE to adopt essential knowledge and skills that address the dangers, causes, consequences, signs, symptoms, and treatment of nonmedical use of prescription drugs.

Comment. One counselor recommended that, in addition to the student expectation in §115.23 that requires students to describe the seriousness of various forms of bullying such as harassment, acquaintance rape, and sexual abuse, the health education TEKS should include next steps for people who have suffered sexual abuse. The commenter stated that limiting student expectations to a discussion of the seriousness of sexual violence dilutes the subject matter and provides no additional information to students who have been victims.

Response. The SBOE disagrees with including the commenter's suggested change in rule and provides the following clarification. The changes in the proposal were specifically to address SB 968, 84th Texas Legislature, 2015, which required the SBOE to adopt essential knowledge and skills that address the dangers, causes, consequences, signs, symptoms, and treatment of nonmedical use of prescription drugs.

Comment. One counselor recommended revising student expectations in §115.32 and §115.33 to read, "analyze the importance of abstinence from sexual activity as a choice of behavior in relationship to all sexual activity for unmarried persons of school age." The commenter stated that the current student expectations that read "analyze the importance of abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age" are moralistic statements.

Response. The SBOE disagrees with including the commenter's suggested change in rule and provides the following clarification. The changes in the proposal were specifically to address the requirements of SB 968, 84th Texas Legislature, 2015, which required the SBOE to adopt essential knowledge and skills that address the dangers, causes, consequences, signs, symptoms, and treatment of nonmedical use of prescription drugs.

Comment. One counselor recommended engaging elementary school students in developmentally appropriate topics on sexual health, including sexual abuse. The commenter stated that not explaining the most basic functions of their bodies to students is a disservice.

Response. This comment is outside the scope of the proposed rulemaking.

Comment. One community member expressed support for the proposed amendments to the health education TEKS. The commenter stated that prevention education related to alcohol, tobacco, and drugs in students' formative years is essential.

Response. The SBOE agrees and took action to adopt amendments to the health education TEKS as proposed.

SUBCHAPTER B. MIDDLE SCHOOL

19 TAC §115.22, §115.23

STATUTORY AUTHORITY. The amendments are adopted 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(c), 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, §28.002(w), which requires the SBOE to adopt essential knowledge and skills that address the dangers, causes, consequences, signs, symptoms, and treatment of nonmedical use of prescription drugs.

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

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702289

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: August 28, 2017

Proposal publication date: March 3, 2017

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


SUBCHAPTER C. HIGH SCHOOL

19 TAC §115.32, §115.33

STATUTORY AUTHORITY. The amendments are adopted 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(c), 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, §28.002(w), which requires the SBOE to adopt essential knowledge and skills that address the dangers, causes, consequences, signs, symptoms, and treatment of nonmedical use of prescription drugs.

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

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 12, 2017.

TRD-201702290

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: August 28, 2017

Proposal publication date: March 3, 2017

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