TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 101. ASSESSMENT

The Texas Education Agency (TEA) adopts amendments to §101.3024 and §101.4003, concerning student assessment. The amendments are adopted with changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4086). The adopted amendments implement the requirements of Senate Bill (SB) 463 and SB 1005, 85th Texas Legislature, Regular Session, 2017, by providing former students whose assessment graduation requirement was the Texas Assessment of Knowledge and Skills (TAKS) additional paths toward meeting graduation requirements and earning a high school diploma.

REASONED JUSTIFICATION. Section 101.3024, Assessment Requirements for Students First Enrolled in Grade 9 Prior to 2011-2012 School Year or First Enrolled in Grade 10 or Above in 2011-2012 School Year, indicates the assessment requirements for different cohorts of former students. The rule states that TAKS replaces the former students' original assessment graduation requirements. This includes former students whose assessment graduation requirements were the Texas Educational Assessment of Minimal Skills (TEAMS) or the Texas Assessment of Academic Skills (TAAS).

SB 463 added Texas Education Code (TEC), §28.02541, to establish provisions that may allow certain former students who have completed the curriculum requirements for graduation but have not performed satisfactorily on TAKS to qualify for a high school diploma.

To implement SB 463, the adopted amendment to §101.3024 adds language to allow former students, who are currently required to pass all or certain parts of the TAKS exit-level tests for graduation, to earn a high school diploma through alternative options. Specifically, adopted new subsection (g) allows a former student to receive a Texas high school diploma if the former student has qualified to graduate in accordance with TEC, §28.02541. New subsection (g) expires on September 1, 2019, in accordance with SB 463. Based on public comment, subsection (g) was modified at adoption to remove references to the phrase "individual graduation committee" as this phrase is not used in SB 463 and add a reference to the TEC, §28.02541.

Adopted subsection (h) includes additional alternate assessments to fulfill graduation testing requirements, including Texas Success Initiative (TSI) assessments and State of Texas Assessments of Academic Readiness (STAAR®) end-of-course assessments.

Section 101.4003, Texas Assessment of Knowledge and Skills Exit-Level Alternative Assessments, specifies the assessments and corresponding passing scores allowed as alternate assessments for certain former students whose assessment graduation requirement was TAKS. The alternate assessments in rule prior to this adoption included SAT and ACT mathematics and English language arts tests.

SB 1005 amended TEC, §39.025, to increase the alternate assessments that may be used to fulfill TAKS graduation requirements. The bill requires the commissioner to establish satisfactory performance levels for these new TAKS alternate assessments. The satisfactory performance levels, or passing scores, on the alternate assessments must be equivalent in rigor to the performance levels the students were previously required to meet.

To implement SB 1005, the adopted amendment to §101.4003 moves the information regarding SAT and ACT from subsection (b) into a new chart, Figure: 19 TAC §101.4003(a), in subsection (a). This new chart includes the previously approved TAKS alternate assessments and corresponding passing scores (SAT administered January 2016 and before and ACT administered June 2015 and before) and passing scores for revised versions of SAT and ACT mathematics and English language arts tests as well as ACT science tests. Additional alternate assessments that can be used for TAKS, as well as their corresponding passing scores, are also listed in the chart, including TSI assessments for mathematics and English language arts and STAAR® Algebra I, English II, Biology, and U.S. History end-of-course assessments. Based on public comment, Figure: 19 TAC §101.4003(a) was modified at adoption to update the information listed for the STAAR® English II end-of-course assessment. Passing scores for each of the two components (reading and writing) of the current STAAR® English II test have been established specifically for those former students who need to pass only the reading component or only the writing component. Also, passing scores for the separate STAAR® English II reading test and STAAR® English II writing test have been removed since those tests are no longer offered, and there are very few former TAKS students who would have taken these separate tests. Finally, the last two footnotes in the chart have been modified to reflect these changes.

Adopted subsection (c) updates the eligibility language to include all former students who are required to pass all or certain parts of the TAKS exit-level tests to earn a high school diploma.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began August 18, 2017, and ended September 18, 2017. Following is a summary of the public comments received and corresponding agency responses.

Comment: A school district employee questioned how districts will receive scores from the alternate assessments allowed by SB 1005 and 19 TAC §101.4003 and also asked about formal state communication announcing the new information in the rules.

Agency Response: The agency provides the following clarification. According to 19 TAC §101.4005, a student who is eligible to substitute an approved assessment under 19 TAC §101.4003 is responsible for providing to the school district an official copy of his or her scores from the assessment. Concerning communication of the amended rules, the proposal and adoption of the amendments are filed with the Secretary of State for publication in the Texas Register in accordance with Texas Government Code, §2001.023 and §2001.033. In addition, the proposal and adoption are published on the TEA website, and announcements have been made by the TEA Student Assessment Division.

Comment: A school district employee questioned how a district will know if a student has attempted the previous assessment required for high school graduation at least three times as required by SB 463 and 19 TAC §101.3024(g)(1).

Agency Response: The agency provides the following clarification. The former student is responsible for providing to the school district proof (e.g., a testing record) that he or she has been administered the previous assessment required for high school graduation at least three times.

Comment: An individual and an education service center (ESC) employee questioned the requirement to have taken the previous assessment required for high school graduation at least three times.

Agency Response: The agency provides the following clarification. For former students to qualify to graduate and receive a high school diploma under TEC, §28.02541, they are required to have been administered the previous assessment required for graduation at least three times as required by SB 463. If they have not taken the previous assessment three times, the former student may still earn a high school diploma through the alternate assessments authorized by SB 1005 and described in 19 TAC §101.3024(h).

Comment: Cameron Independent School District (ISD), one school district administrator, and employees from nine other school districts asked which district would make the decision regarding whether an eligible person is qualified to graduate and receive a high school diploma under 19 TAC §101.3024.

Agency Response: The agency provides the following clarification. As described in SB 463, the school district in which a student is enrolled or a former student was last enrolled makes the decision regarding whether the student or former student qualifies to graduate and receive a high school diploma.

Comment: A school district employee questioned the suitability of STAAR® as an alternate assessment for former students. Another school district employee noted the limited alternate assessment options for social studies and recommended an SAT subject test. The Intercultural Development Research Association (IDRA) indicated that the proposed alternate assessments were not designed to be used for graduation purposes.

Agency Response: The agency disagrees that the alternate assessments are not suitable and provides the following clarification. The alternate assessments included in 19 TAC §101.4003 are those specifically listed in SB 1005: the SAT, the ACT, the TSI, and the current assessment administered for graduation purposes (i.e., STAAR®).

Comment: A member of the State Board of Education (SBOE) asked whether the alternate assessments referenced in 19 TAC §101.4003 would be prescribed.

Agency Response: The agency provides the following clarification. The prescribed alternate assessments for TAKS are those specifically listed in SB 1005: the SAT, the ACT, the TSI assessment, and the current assessment administered for graduation purposes (i.e., STAAR® end-of-course (EOC) assessments). These alternate assessments, along with their passing scores, are included in the chart in Figure: 19 TAC §101.4003(a).

Comment: Goodwill Central Texas Excel Center Adult High School questioned the cut scores for the alternate assessments and suggested the cut scores be reconsidered for former TAAS and TEAMS examinees. IDRA also questioned the cut scores and suggested the scores be reevaluated based on the average scores for underserved groups.

Agency Response: The agency disagrees and provides the following clarification. The passing scores for the TAKS alternate assessments were established so that the performance required on the alternate assessments is not more rigorous than the performance that was required on assessments required for graduation prior to TAKS. Additionally, the passing scores were established to benefit former students by providing additional paths toward meeting graduation requirements and earning a high school diploma.

Comment: An individual questioned whether the proposed amendments apply to former TAAS students.

Agency Response: The agency provides the following clarification. Former students who had TAAS as a graduation assessment requirement are indicated in 19 TAC §101.3024(c). Amended 19 TAC §101.3024(g) and (h), referencing graduation under TEC, §28.02541 and §39.025(f)(2), respectively, apply to subsection (c) and, therefore, apply to former TAAS students.

Comment: Cameron ISD, one school district administrator, employees from nine school districts, and an individual requested clarification regarding whether the requirements of 19 TAC §101.3024(g) and (h) must both be satisfied to fulfill assessment graduation requirements.

Agency Response: The agency provides the following clarification. Former students who have TAKS (including TAAS and TEAMS) as their assessment graduation requirement may fulfill this requirement under 19 TAC §101.3024(g) or (h). Meeting the requirements under either one of these subsections fulfills a former student's testing requirement for graduation.

Comment: A school district employee raised concerns about former students who live out of state testing in a subject for which there is only a Texas alternate assessment.

Agency Response: The agency provides the following clarification. Regarding the concern for former students who live out of state, these individuals have the same alternate assessment options as former students who live in Texas. Former students who live out of state and take a Texas alternate assessment by choice or because a Texas alternate assessment is the only available option will likely need to return to the state for testing. Former students can register as out-of-school students to take a STAAR® EOC assessment.

Comment: A school district employee asked for clarification regarding the expiration date of September 1, 2019.

Agency Response: The agency provides the following clarification. The optional path to meeting assessment graduation requirements indicated in 19 TAC §101.3024(g) expires on September 1, 2019, in accordance with SB 463. Please note that the expiration date of September 1, 2019, only applies to subsection (g). It does not apply to subsection (h) regarding alternate assessments.

Comment: IDRA and a school district employee asked whether there are options to fulfill assessment graduation requirements other than the alternate assessments indicated.

Agency Response: The agency provides the following clarification. In addition to the alternate assessments referenced in 19 TAC §101.4003 and §101.3024(h) (i.e., SAT, ACT, TSI, and STAAR®), a former student may fulfill assessment graduation requirements under TEC, §28.02541, as indicated in 19 TAC §101.3024(g).

Comment: The Mexican American Legal Defense and Educational Fund (MALDEF) and a school district employee suggested that 19 TAC §74.1025 be amended to include former TAKS students.

Agency Response: This comment is outside the scope of the current rule proposal.

Comment: Senator José R. Rodríguez, a member of the SBOE, MALDEF, Cameron ISD, one school district administrator, and employees from 11 other school districts asked for clarification regarding the options listed for students to qualify to graduate and receive a high school diploma under TEC, §28.02541, as added by SB 463. The commenters requested that information about "an alternative assessment instrument," "work experience," and "military or other relevant life experience" be added to 19 TAC §101.3024.

Agency Response: The agency provides the following clarification. The proposed amendment to §101.3024 only addresses the TEC, §28.02541, as it relates to graduation assessment requirements for TAKS (including TAAS and TEAMS). Rules that address high school graduation and earning a diploma can be found in 19 TAC Chapter 74, Subchapter BB. Any rule changes in response to TEC, §28.02541, relating to "an alternative assessment instrument," "work experience," and "military or other relevant life experience" would be addressed in future rulemaking in that subchapter.

Comment: MALDEF, employees from two school districts, and an individual provided suggestions for the commissioner to consider when adopting rules to implement the specific graduation requirements under TEC, §28.02541, as added by SB 463.

Agency Response: This comment is outside the scope of the current rule proposal, which addresses assessment requirements.

Comment: An ESC employee suggested that if a STAAR® EOC assessment is given to a former student in place of an exit-level TAKS test, then the former student may qualify to graduate under the current individual graduation committee allowed under TEC, §28.0258. The commenter also asked that the rule process be expedited.

Agency Response: The agency disagrees. Assessment requirements for students who have STAAR® as their graduation requirement are listed in 19 TAC §101.3022, which includes graduation under an individual graduation committee as allowed by TEC, §28.0258. Assessment requirements for students who have TAKS (including TAAS and TEAMS) as their graduation requirement are listed in 19 TAC §101.3024, which now includes TEC, §28.02541. Concerning the request to expedite the rulemaking process, the agency must comply with the processes and timelines for the adoption of rules established by Texas Government Code, Chapter 2001, and the Secretary of State.

Comment: Cameron ISD, one school district administrator, and employees from eight school districts raised concerns regarding the use of the phrase "individual graduation committee" in the proposed amendment to 19 TAC §101.3024(g), stating that the phrase is not included in SB 463.

Agency Response: The agency agrees. SB 463 references the "school district" and does not include the phrase "individual graduation committee." Therefore, §101.3024(g) has been modified at adoption to eliminate the phrase.

Comment: A school district employee raised concerns about references to the separate STAAR® English II Reading and STAAR® English II Writing EOC assessments, which are no longer administered. The commenter noted that passing scores for each component (reading and writing) of the current combined STAAR® English II EOC assessment are needed for former students who may need to take only part of that test to fulfill their assessment requirements for graduation.

Agency Response: The agency agrees. Because the separate STAAR® English II Reading and STAAR® English II Writing EOC assessments are no longer administered, passing scores for these separate tests have been removed at adoption from the chart in Figure: 19 TAC §101.4003(a). Additionally, passing scores for each of the two components (reading and writing) of the current combined STAAR® English II EOC assessment have been established specifically for those former students who may need to take and pass only the reading component or only the writing component of this test to fulfill their assessment requirement for graduation.

Comment: An individual expressed support for the proposed amendments, noting that the amendments would allow former students to graduate and qualify for more jobs. A school district employee also expressed support for the proposed amendments, commenting that the adoption of the amendments would provide the commenter's child with the opportunity to obtain the high school diploma needed to pursue life goals.

Agency Response: The agency agrees. SB 463 and SB 1005 provide former students whose assessment graduation requirement is TAKS (including former TAAS and TEAMS students) additional paths toward meeting graduation requirements and earning a high school diploma.

SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING IMPLEMENTATION OF THE ACADEMIC CONTENT AREAS TESTING PROGRAM

DIVISION 2. PARTICIPATION AND ASSESSMENT REQUIREMENT FOR GRADUATION

19 TAC §101.3024

STATUTORY AUTHORITY. The amendment is adopted under the Texas Education Code (TEC), §28.02541, as added by Senate Bill (SB) 463, 85th Texas Legislature, Regular Session, 2017, which requires the commissioner by rule to establish a procedure to determine whether certain former students, who have met curriculum requirements for graduation but have not performed satisfactorily on an assessment instrument, may qualify to graduate and receive a high school diploma; and TEC, §39.025, as amended by SB 463 and SB 1005, 85th Texas Legislature, Regular Session, 2017, which establishes the secondary-level performance required to receive a Texas high school diploma, establishes alternate assessment options for students who entered Grade 9 prior to the 2011-2012 school year or Grade 10 or above in the 2011-2012 school year, and requires the commissioner to establish satisfactory performance levels on the alternate assessments.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §28.02541 and §39.025.

§101.3024.Assessment Requirements for Students First Enrolled in Grade 9 Prior to 2011-2012 School Year or First Enrolled in Grade 10 or Above in 2011-2012 School Year.

(a) Students who were first enrolled in Grade 9 prior to the 2011-2012 school year or enrolled in Grade 10 or above in the 2011-2012 school year must fulfill testing requirements for graduation with the assessments required by the Texas Education Code (TEC), §39.023(c), as that section existed before amendment by Senate Bill (SB) 1031, 80th Texas Legislature, 2007. For purposes of this section, coursework necessary to graduate means all the coursework required under the student's graduation plan.

(b) For a student who is receiving special education services under the TEC, Chapter 29, Subchapter A, who is enrolled above Grade 9 in the 2011-2012 school year and for whom an IEP specifies that the student shall take a modified version of an assessment, the modified assessments as required by the TEC, §39.023, as that section existed before amendment by SB 1031, 80th Texas Legislature, 2007, will continue to be the student's assessment requirement.

(c) With the exception of students who meet the criteria described in subsection (d) of this section, students who were enrolled as follows shall fulfill testing requirements for graduation with the assessments as required by the TEC, §39.023(c), as that section existed before amendment by SB 1031, 80th Texas Legislature, 2007, with the applicable performance standards established by the commissioner of education and published on the Texas Education Agency (TEA) website:

(1) in Grade 9 or higher on January 1, 2001, regardless of when they are scheduled to graduate; or

(2) in Grade 8 or lower on January 1, 2001, if they were on an accelerated track and fulfilled all coursework necessary to graduate by September 1, 2004.

(d) A student who entered Grade 11 in the 1989-1990 school year or an earlier school year shall fulfill testing requirements for graduation with assessments as required by the TEC, §39.023(c), as that section existed before amendment by SB 1031, 80th Texas Legislature, 2007, under an applicable performance standard established by the commissioner of education that corresponds to the performance standard in effect for the exit-level Texas Educational Assessment of Minimum Skills (TEAMS) when the student was first eligible to take the exit-level TEAMS. Performance standards that apply to TEAMS students will be published on the TEA website.

(e) A student fulfilling testing requirements under subsection (c) of this section will be required to take only those sections of the exit-level Texas Assessment of Knowledge and Skills (TAKS) that correspond to the subject areas formerly assessed by the exit-level Texas Assessment of Academic Skills (TAAS) (reading, writing, and mathematics) for which the student has not yet met the passing standard.

(1) If a student has not yet met the passing standard on TAAS reading, the student will be administered only the reading multiple-choice items from the TAKS English language arts (ELA) test.

(2) If a student has not yet met the passing standard on TAAS writing, the student will be administered only the writing prompt and the revising and editing multiple-choice items from the TAKS ELA test.

(f) A student fulfilling testing requirements under subsection (d) of this section will be required to take only those sections of the exit-level TAKS that correspond to the subject areas formerly assessed by the exit-level TEAMS (reading and mathematics) for which the student has not yet met the passing standard. If a student has not yet met the passing standard on TAAS reading, the student will be administered only the reading multiple-choice items from the TAKS ELA test.

(g) Effective beginning with the 2017-2018 school year, a student who has taken but failed to meet assessment graduation requirements under this section may receive a Texas high school diploma if the student has qualified to graduate in accordance with the TEC, §28.02541.

(1) A student may not graduate under TEC, §28.02541 if the student did not take each assessment instrument or the part of the assessment instrument for which the student has not performed satisfactorily at least three times.

(2) This subsection expires September 1, 2019.

(h) Notwithstanding any of the requirements in subsections (a)-(g) of this section, students who pass all of the required exit-level TAKS tests or meet the alternate assessment requirements of Chapter 101, Subchapter DD, of this title (relating to Commissioner's Rules Concerning Substitute Assessments for Graduation) have fulfilled their testing requirements for graduation.

(i) Beginning with the 2011-2012 school year, students first enrolled in Grade 9 or lower must fulfill testing requirements for graduation with the end-of-course assessment instruments, as specified in the TEC, §39.023(c), as amended by SB 1031, 80th Texas Legislature, 2007.

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 October 16, 2017.

TRD-201704158

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: November 5, 2017

Proposal publication date: August 18, 2017

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


SUBCHAPTER DD. COMMISSIONER'S RULES CONCERNING SUBSTITUTE ASSESSMENTS FOR GRADUATION

19 TAC §101.4003

STATUTORY AUTHORITY. The amendment is adopted under the Texas Education Code, §39.025, as amended by Senate Bill (SB) 463 and SB 1005, 85th Texas Legislature, Regular Session, 2017, which establishes the secondary-level performance required to receive a Texas high school diploma, establishes alternate assessment options for students who entered Grade 9 prior to the 2011-2012 school year or Grade 10 or above in the 2011-2012 school year, and requires the commissioner to establish satisfactory performance levels on the alternate assessments.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §39.025.

§101.4003.Texas Assessment of Knowledge and Skills Exit-Level Alternate Assessments.

(a) In accordance with the Texas Education Code (TEC), Chapter 39, Subchapter B, the commissioner of education adopts certain assessments as provided in the figure in this subsection as alternate assessments that a person may use in place of corresponding Texas Assessment of Knowledge and Skills (TAKS) exit-level assessments beginning in the fall of 2017.

Figure: 19 TAC §101.4003(a) (.pdf)

(b) An eligible person who has met the passing standard on a state-approved alternate exit-level assessment as set by the commissioner and provided in the figure in subsection (a) of this section in a particular subject area has satisfied the exit-level testing requirement in that subject area.

(c) A person is eligible to substitute an alternate exit-level assessment for a TAKS exit-level assessment for purposes of this subchapter if the person was first enrolled in Grade 9 prior to the 2011-2012 school year or first enrolled in Grade 10 or above in the 2011-2012 school year.

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 October 16, 2017.

TRD-201704159

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: November 5, 2017

Proposal publication date: August 18, 2017

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


CHAPTER 110. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR ENGLISH LANGUAGE ARTS AND READING

SUBCHAPTER C. HIGH SCHOOL

19 TAC §§110.35 - 110.39

The State Board of Education (SBOE) adopts new §§110.35-110.39, concerning Texas Essential Knowledge and Skills (TEKS) for English language arts and reading. New §110.35 is adopted without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2620) and will not be republished. New §§110.36-110.39 are adopted with changes to the proposed text as published in the May 19, 2017 issue of the Texas Register (42 TexReg 2620). The adopted new sections add new English language arts and reading TEKS for high school for implementation in the 2020-2021 school year.

REASONED JUSTIFICATION. Applications for appointment to English and Spanish language arts and reading TEKS review committees were accepted by the Texas Education Agency (TEA) from March 5, 2015, through April 6, 2015. The applications received were provided to SBOE members at the April 2015 meeting, and nominations for English and Spanish language arts and reading TEKS review committees and appointments of expert reviewers were made in spring 2015. Committee members were notified of the appointment in July 2015. The expert reviewers completed their review of the current TEKS and submitted initial reports to the SBOE in July 2015. Committee members participated in a training webinar in August 2015 in preparation for the first face-to-face meeting. The English and Spanish language arts and reading TEKS review committees convened in Austin in September 2015 to begin work on draft recommendations for the TEKS. The committees convened again in November 2015 to complete their initial draft recommendations.

In December 2015, the first draft recommendations were provided to the board and to the board-appointed expert reviewers and posted to the TEA website for informal public feedback. In accordance with the board's review process, each of the expert reviewers and one member of each TEKS review committee presented invited testimony at the January 2016 meeting.

The English and Spanish language arts and reading TEKS review committees convened for a third time in February 2016 in order to review feedback and work on the vertical alignment of the TEKS across grade levels and subjects. At the request of the board chair, representatives from each of the vertical alignment committees were asked to attend the April 2016 meeting to answer questions from board members. At that time, the board provided additional direction for the English and Spanish language arts and reading TEKS committee members to address at their next meeting.

The committees met for a fourth time in April 2016 to address the board's direction and finalize their recommendations for revisions to the English and Spanish language arts and reading TEKS. The English and Spanish language arts and reading TEKS committees' final recommendations were provided to the board-appointed expert reviewers and posted to the TEA website in June 2016.

Representatives from the TEKS review committees convened in Austin in June 2016 to review the drafts and provide feedback regarding whether the recommended TEKS for each grade level or course can reasonably be taught within the amount of time typically allotted for the subject or course prior to the end of the school year or a state end-of-course assessment required by TEC, §39.023, as applicable.

At the July 2016 meeting, the committee heard invited testimony from board-appointed expert reviewers regarding their feedback on the English and Spanish language arts and reading TEKS review committees' final recommendations. At that meeting, the board discussed next steps, reviewed timeline considerations for issuance of a proclamation for instructional materials for English and Spanish language arts and reading, and requested that staff make technical edits to the proposed revisions. The board also requested that the SBOE-appointed experts review the edited final recommendations and make suggestions to ensure the appropriate vertical alignment of the proposed TEKS. Additionally, the board requested feedback on the proposed revisions to the English language arts and reading TEKS from the Texas Higher Education Coordinating Board. The expert reviewers met in August 2016 and again in November 2016 to work on their recommendations for revisions to the English and Spanish language arts and reading TEKS. The expert reviewers also met virtually with representatives from the Texas Higher Education Coordinating Board panel to discuss higher education recommendations. Drafts resulting from that work were provided at the November 2016 meeting. At that time, the SBOE requested that the expert reviewers finalize their recommendations. The expert reviewers conducted virtual meetings in November 2016 and December 2016 to complete their recommendations.

The proposed new sections for the Kindergarten-Grade 12 English and Spanish language arts and reading TEKS were presented for first reading and filing authorization at the January/February 2017 meeting, and a public hearing on the proposed new sections was held at that time. At the meeting, the SBOE approved for first reading and filing authorization proposed new English and Spanish language arts and reading TEKS for Kindergarten-Grade 8. However, the board postponed action on proposed new English and Spanish language arts and reading TEKS for high school until the April 2017 meeting.

The new sections were approved by the SBOE for first reading and filing authorization at its April 21, 2017 meeting and for second reading and final adoption at its June 23, 2017 meeting.

In accordance with the TEC, §7.102(f), the SBOE approved the new sections for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2018-2019 school year. The earlier effective date will enable districts to begin preparing for implementation of the revised English and Spanish language arts and reading TEKS.

The following changes were made to adopted new 19 TAC Chapter 110, Subchapters C, since published as proposed.

§110.36. English Language Arts and Reading, English I (One Credit), Adopted 2017

Subsection (b)(1) of the introduction was revised to add the phrase "and thinking" after the four domains of language: listening, speaking, reading, and writing.

Subsection (b)(2) of the introduction was amended to delete "It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided."

The student expectation in subsection (c)(1)(A) was amended to read, "engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes."

The student expectation in subsection (c)(1)(C) was amended to replace the word "presentations" with "a presentation."

The student expectation in subsection (c)(2)(C) was amended to add the phrase "bona fide," delete the word "emptor" from the phrase "caveat emptor," and delete the phrase "pas de deux."

The student expectation in subsection (c)(4)(C) was amended to replace the phrase "make, correct, or confirm" with the phrase "make and correct or confirm."

The student expectation in subsection (c)(4)(H) was amended to add the phrase "from two texts" after the phrase "synthesize information."

The student expectation in subsection (c)(5)(C) was amended to add the phrase "and original commentary" after "text evidence" and to replace the phrase "an appropriate" with the phrase "a comprehensive."

The student expectation in subsection (c)(5)(I) was amended to replace the phrase "as new evidence is presented" with the phrase "when valid evidence warrants."

The student expectation in subsection (c)(6)(A) was amended to replace "analyze how different authors present similar themes across texts using text evidence" with "analyze how themes are developed through characterization and plot in a variety of literary texts."

The student expectation in subsection (c)(7)(A) was amended to specify that students must read and respond to American, British, and world literature.

The student expectation in subsection (c)(7)(E)(ii) was amended to add the phrase "various types of evidence and treatment of counterarguments, including" before "concessions" and to replace "call to action" with "rebuttals" in the list of types of different counterarguments for which students are expected to analyze the characteristics and structural elements.

The student expectation in subsection (c)(8)(E) was amended to delete the phrase "point of view."

The student expectation in subsection (c)(9)(B)(i) was amended to replace "organizing with purposeful structure, including a strategic introduction, transitions, coherence within and across paragraphs, and a conclusion" with "using an organizing structure appropriate to purpose, audience, topic, and context."

The student expectation in subsection (c)(9)(C) was amended to replace the word "for" with the phrase "to improve" and to replace the phrase "fluency, including parallel structure" with the phrase "effectiveness, including use of parallel constructions and placement of phrases and dependent clauses."

The student expectation in subsection (c)(10)(B) was amended to add explanatory essays and reports to and remove informative essays from the list of examples of informational texts that students may compose.

The student expectation in subsection (c)(11)(A) was amended to delete the phrase "student-selected."

The student expectation in subsection (c)(11)(B) was amended to replace the phrase "the need occurs" with the phrase "needs occur."

The student expectation in proposed subsection (c)(11)(G) was deleted and reinserted as new subsection (c)(11)(F).

The student expectation in subsection (c)(11)(H) was amended to add the phrase "including for paraphrased and quoted text" after the phrase "display academic citations" and to add the phrase "to avoid plagiarism" after the phrase "use source materials ethically."

Technical corrections were also made.

§110.37. English Language Arts and Reading, English II (One Credit), Adopted 2017

Subsection (b)(1) of the introduction was revised to add the phrase "and thinking" after the four domains of language: listening, speaking, reading, and writing.

Subsection (b)(2) of the introduction was amended to delete "It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided."

The student expectation in subsection (c)(1)(A) was amended to read, "engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes."

The student expectation in subsection (c)(1)(C) was amended to replace the phrase "advance a coherent argument" with the phrase "give a formal presentation."

The student expectation in subsection (c)(2)(B) was amended to replace the word "between" with the word "among" and add the word "connotative" between denotative and figurative.

The student expectation in subsection (c)(2)(C) was amended to add the phrase "pas de deux" to the list of foreign words or phrases frequently used in English.

The student expectation in subsection (c)(4)(C) was amended to replace the phrase "make, correct, or confirm" with the phrase "make and correct or confirm."

The student expectation in subsection (c)(4)(H) was amended to add the phrase "from multiple texts" after the phrase "synthesize information."

The student expectation in subsection (c)(5)(C) was amended to add the phrase "and original commentary" after "text evidence" and to replace the word "appropriate" with the word "interpretive."

The student expectation in subsection (c)(5)(I) was amended to replace the phrase "as new evidence is presented" with the phrase "when valid evidence warrants."

The student expectation in subsection (c)(6)(A) was amended to replace "compare and contrast differences in similar themes expressed across a variety of works" with "analyze how themes are developed through characterization and plot, including comparing similar themes in a variety of literary texts representing different cultures."

The student expectation in subsection (c)(6)(B) was amended to read, "analyze how authors develop complex yet believable characters, including archetypes, though historical and cultural settings and events."

The student expectation in subsection (c)(6)(D) was amended to read, "analyze how historical and cultural settings influence characterization, plot, and theme across texts."

The student expectation in subsection (c)(7)(A) was amended to specify that students must read and analyze world literature.

The student expectation in subsection (c)(7)(B) was amended to add "types of rhymes" after "rhyme schemes."

The student expectation in subsection (c)(7)(E)(ii) was amended to add the phrase "various types of evidence and treatment of counterarguments, including" before "concessions" and to replace "call to action" with "rebuttals" in the list of types of different counterarguments for which students are expected to analyze the characteristics and structural elements.

The student expectation in subsection (c)(8)(E) was amended to delete the phrase "point of view."

The student expectation in subsection (c)(8)(G) was amended to add the phrase "and the effects of logical fallacies."

The student expectation in subsection (c)(9)(B)(i) was amended to replace "organizing with purposeful structure, including a strategic introduction, transitions, coherence within and across paragraphs, and a conclusion" with "using an organizing structure appropriate to purpose, audience, topic, and context."

The student expectation in subsection (c)(9)(C) was amended to replace the word "for" with the phrase "to improve" and to replace the phrase "fluency, including parallel structure" with the phrase "effectiveness, including use of parallel constructions and placement of phrases and dependent clauses."

The student expectation in subsection (c)(9)(D)(v) was amended to replace brackets and ellipses with parentheses in the list of standard English conventions students are expected to use.

The student expectation in subsection (c)(10)(B) was amended to add explanatory essays and reports to and remove informative essays from the list of examples of informational texts that students may compose.

The student expectation in subsection (c)(11)(A) was amended to delete the phrase "student-selected."

The student expectation in subsection (c)(11)(B) was amended to replace the phrase "the need occurs" with the phrase "needs occur."

The student expectation in proposed subsection (c)(11)(G) was deleted and reinserted as new subsection (c)(11)(F).

The student expectation in subsection (c)(11)(H) was amended to add the phrase "including for paraphrased and quoted text" after the phrase "display academic citations" and to add the phrase "to avoid plagiarism" after the phrase "use source materials ethically."

Technical corrections were also made.

§110.38, English Language Arts and Reading, English III (One Credit), Adopted 2017

Subsection (b)(1) of the introduction was revised to add the phrase "and thinking" after the four domains of language: listening, speaking, reading, and writing.

Subsection (b)(2) of the introduction was amended to delete "It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided."

The student expectation in subsection (c)(1)(A) was amended to read, "engage in meaningful and respectful discourse when evaluating the clarity and coherence of a speaker's message and critiquing the impact of a speaker's use of diction and syntax."

The student expectation in subsection (c)(4)(C) was amended to replace the phrase "make, correct, or confirm" with the phrase "make and correct or confirm."

The student expectation in subsection (c)(4)(G) was amended to replace the word "determine" with the word "understand."

The student expectation in subsection (c)(4)(H) was amended to add the phrase "from a variety of text types" after the phrase "synthesize information."

The student expectation in subsection (c)(4)(I) was amended to add the phrase "using outside sources" to the list of adjustments students can make when understanding breaks down.

The student expectation in subsection (c)(5)(B) was amended to replace the word "understanding" with the word "analysis."

The student expectation in subsection (c)(5)(C) was amended to add the phrase "and original commentary" after the phrase "use text evidence" and replace the word "appropriate" with the word "analytic."

The student expectation in subsection (c)(5)(G) was amended to replace the word "or" with the word "and."

The student expectation in subsection (c)(5)(I) was amended to replace the phrase "as new evidence is presented" with the phrase "when valid evidence warrants."

The student expectation in subsection (c)(6)(A) was amended to replace "analyze themes representing different cultures across texts using text evidence" with "analyze relationships among thematic development, characterization, point of view, significance of setting, and plot in a variety of literary texts."

The student expectation in subsection (c)(6)(B) was amended to replace "analyze differences in characters' moral dilemmas in works of fiction across different countries or cultures" with "analyze how characters' behaviors and underlying motivations contribute to moral dilemmas that influence the plot and theme."

The student expectation in subsection (c)(6)(D) was amended to read, "analyze how the historical, social, and economic context of setting(s) influences the plot, characterization, and theme."

The student expectation in subsection (c)(7)(A) was amended to specify that students must read and analyze American literature.

The student expectation in subsection (c)(7)(B) was amended to add the phrase "characteristics of poetry, including" and to delete "open/closed poetic forms."

The student expectation in subsection (c)(7)(C) was amended to replace "analyze the function of archetypes and motifs" with "analyze how the relationships among dramatic elements advance the plot."

The student expectation in subsection (c)(7)(D)(i) was amended to replace the word "relevant" with the word "strong."

The student expectation in subsection (c)(7)(E)(i) was amended to add the phrase "call to action."

The student expectation in subsection (c)(7)(E)(ii) was amended to add the phrase "various types of evidence and treatment of counterarguments, including" before "concessions" and to replace "call to action" with "rebuttals" in the list of different types of counterarguments for which students are expected to analyze the characteristics and structural elements.

The student expectation in subsection (c)(7)(F) was amended to add the phrase "the effectiveness of" after the word "analyze."

The student expectation in subsection (c)(8)(G) was amended to replace the word "effect" with the word "effects" and to add the phrase "and logical fallacies" after the phrase "rhetorical devices."

The student expectation in subsection (c)(9)(B)(i) was amended to replace the phrase "organizing with purposeful structure, including a strategic introduction, transitions, coherence within and across paragraphs, and a conclusion" with the phrase "using strategic organizational structures appropriate to purpose, audience, topic, and context."

The student expectation in subsection (c)(9)(B)(ii) was amended to replace the word "reasons" with the phrase "effective use of rhetorical devices."

The student expectation in subsection (c)(9)(C) was amended to replace the word "for" with the phrase "to improve" and to replace the phrase "including parallel structure" with the phrase "both within and between sentences."

The student expectation in subsection (c)(10)(B) was amended to add explanatory essays and reports to and remove informative essays from the list of examples of informational texts that students may compose.

A new student expectation in subsection (c)(10)(E) was added to read, "compose literary analysis using genre characteristics and craft."

The student expectation in subsection (c)(11)(A) was amended to delete the phrase "student-selected."

The student expectation in subsection (c)(11)(B) was amended to replace the phrase "the need occurs" with the phrase "needs occur."

The student expectation in proposed subsection (c)(11)(G) was deleted and reinserted as new subsection (c)(11)(F).

The student expectation in subsection (c)(11)(H) was amended to add the phrase "including for paraphrased and quoted text" after the phrase "display academic citations" and to add the phrase "to avoid plagiarism" after the phrase "use source materials ethically."

Technical corrections were also made.

§110.39, English Language Arts and Reading, English IV (One Credit), Adopted 2017

Subsection (b)(1) of the introduction was revised to add the phrase "and thinking" after the four domains of language: listening, speaking, reading, and writing.

Subsection (b)(2) of the introduction was amended to delete "It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided."

The student expectation in subsection (c)(1)(A) was amended to replace "assess the persuasiveness of a presentation based on content, diction, rhetorical strategies, and delivery" with "engage in meaningful and respectful discourse when evaluating the clarity and coherence of a speaker's message and critiquing the impact of a speaker's use of diction, syntax, and rhetorical strategies."

The student expectation in subsection (c)(1)(C) was amended to replace the word "by" with the phrase "and present" and add the word "employing" before the phrase "eye contact."

The student expectation in subsection (c)(2)(C) was amended to delete the phrase "bona fide" and add the phrase "caveat emptor."

The student expectation in subsection (c)(4)(C) was amended to replace the phrase "make, correct, or confirm" with the phrase "make and correct or confirm."

The student expectation in subsection (c)(4)(G) was amended to replace the word "determine" with the word "analyze."

The student expectation in subsection (c)(4)(H) was amended to add the phrase "from a variety of text types" after the phrase "synthesize information."

The student expectation in subsection (c)(4)(I) was amended to add the phrase "and using outside sources" to the list of adjustments students can make when understanding breaks down.

The student expectation in subsection (c)(5)(B) was amended to replace the word "understanding" with the word "analysis."

The student expectation in subsection (c)(5)(C) was amended to add the phrase "original commentary" after the phrase "text evidence" and replace the word "appropriate" with the word "evaluative."

The student expectation in subsection (c)(5)(G) was amended to replace the word "or" with the word "and."

The student expectation in subsection (c)(5)(H) was amended to add the phrase "and purposeful" before the word "vocabulary."

The student expectation in subsection (c)(5)(I) was amended to replace the phrase "as new evidence is presented" with the phrase "when valid evidence warrants."

The student expectation in subsection (c)(6)(B) was amended to read, "analyze how characters' behaviors and underlying motivations contribute to moral dilemmas that influence the plot and theme."

The student expectation in subsection (c)(6)(C) was amended to specify that students should critique and evaluate how complex plot structures contribute to and advance the action.

The student expectation in subsection (c)(6)(D) was amended to read, "evaluate how the historical, social, and economic context of setting(s) influences the plot, characterization, and theme."

The student expectation in subsection (c)(7)(A) was amended to specify that students must read and analyze British literature.

The student expectation in subsection (c)(7)(B) was amended to replace the phrase "changes in" with the phrase "effects of."

The student expectation in subsection (c)(7)(D)(i) was amended to replace the word "relevant" with the word "effective."

The student expectation in subsection (c)(7)(E)(i) was amended to add the phrase "and call to action."

The student expectation in subsection (c)(7)(E)(ii) was amended to add the phrase "various types of evidence and treatment of counterarguments, including" before "concessions" and to replace "call to action" with "rebuttals" in the list of different types of counterarguments for which students are expected to analyze the characteristics and structural elements.

The student expectation in subsection (c)(7)(F) was amended to add the phrase "the effectiveness of."

The student expectation in subsection (c)(8)(A) was amended to replace the word "analyze" with the word "evaluate."

The student expectation in subsection (c)(8)(F) was amended to replace the phrase "mood, voice, and tone" with the word "effectiveness."

The student expectation in subsection (c)(8)(G) was amended to replace the word "effect" with "effects" and to add the phrase "and logical fallacies" after "rhetorical devices."

The student expectation in subsection (c)(9)(B)(i) was amended to replace the phrase "organizing with purposeful structure, including a strategic introduction, transitions, coherence within and across paragraphs, and a conclusion" with the phrase "using strategic organizational structures appropriate to purpose, audience, topic, and context."

The student expectation in subsection (c)(9)(B)(ii) was amended to replace the word "reasons" with the phrase "effective use of rhetorical devices."

The student expectation in subsection (c)(9)(C) was amended to replace the word "for" with the phrase "to improve" and to replace the phrase "including parallel structure" with the phrase "both within and between sentences."

The student expectation in subsection (c)(10)(B) was amended to add explanatory essays and reports to and remove informative essays from the list of examples of informational texts that students may compose.

A new student expectation in subsection (c)(10)(F) was added to read, "compose rhetorical analysis using genre characteristics and craft."

The student expectation in subsection (c)(11)(A) was amended to delete the phrase "student-selected."

The student expectation in subsection (c)(11)(B) was amended to replace the phrase "the need occurs" with the phrase "needs occur."

The student expectation in proposed subsection (c)(11)(G) was deleted and reinserted as new subsection (c)(11)(F).

The student expectation in subsection (c)(11)(H) was amended to add the phrase "including for paraphrased and quoted text" after the phrase "display academic citations" and to add the phrase "to avoid plagiarism" after the phrase "use source materials ethically."

Technical corrections were also made.

SUMMARY OF COMMENTS AND RESPONSES. Following is a summary of the public comments received and the corresponding responses regarding proposed new 19 TAC Chapter 110, Subchapter C.

Comment. One teacher expressed concern that the proposed student expectation in §110.36(c)(8)(G) is challenging for a 14-year-old and may be better suited in English II.

Response. The SBOE disagrees and has determined that skills in the student expectation in §110.36(c)(8)(G) are appropriately included in English I.

Comment. One teacher expressed concern that it would be difficult to adapt the Springboard curriculum, which is used by many districts, to address the proposed student expectation in §110.36(c)(7)(B).

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

Comment. One teacher questioned whether "post hoc-ad hoc" is the correct terminology to include as a type of faulty reasoning in the proposed student expectation in §110.38(c)(11)(F)(ii).

Response. The SBOE disagrees and has determined that "post hoc-ad hoc" is appropriately used in §110.38(c)(11)(F)(ii).

Comment. One teacher requested that the SBOE delay final adoption of the high school TEKS until the September 2017 SBOE meeting. The commenter stated that because the revised Kindergarten-Grade 8 TEKS have not yet been published, a thorough review of the vertical alignment between Kindergarten-Grade 8 and high school cannot be completed.

Response. The SBOE disagrees and has determined that the high school TEKS are appropriately vertically aligned with the Kindergarten-Grade 8 TEKS. The SBOE also took action to approve additional changes to the proposed TEKS to respond to other comments.

Comment. One teacher commented in support of the inclusion of proposed student expectations for independent reading in English I and II.

Response. The SBOE agrees. The SBOE also took action to approve additional changes to the proposed TEKS to respond to other comments.

Comment. Six teachers, two administrators, fifteen community members, and four university/college staff members recommended removing the phrase "grade appropriate texts" from the proposed knowledge and skills statement (3) for English I-IV.

Response. The SBOE disagrees and has determined that the phrase "grade-appropriate texts" is appropriately included in English I-IV as proposed.

Comment. Six teachers, two administrators, fifteen community members, and four university/college staff members recommended moving the phrase "self-select text and read independently for a sustained period of time" from the proposed knowledge and skills statement (3) and creating a new student expectation with the phrase for English I-IV.

Response. The SBOE disagrees and has determined that the knowledge and skills statement is appropriate as proposed.

Comment. Six teachers, two administrators, fifteen community members, and four university/college staff members recommended adding a new student expectation to the proposed knowledge and skills statement (3) to read, "read for a variety of purposes" for English I-IV.

Response. The SBOE disagrees that the suggested addition is necessary and has determined that the knowledge and skills statement and student expectation are appropriate as proposed.

Comment. One teacher expressed concern that it would be very difficult to teach all of the proposed standards for middle school in one school year to students who are learning a second language.

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

Comment. One teacher stated that an objective takes an average of two weeks to teach; therefore, it is impossible to cover all of the proposed standards in one school year. The commenter requested that the idea of "essential" be revisited when writing and approving proposed new standards and asked for guidance regarding which student expectations must be taught.

Response. The SBOE disagrees and has determined that the scope of the proposed TEKS for high school is appropriate as proposed. Based on feedback on the amount of instructional time received, the SBOE determined that no additional adjustments to the proposed TEKS for high school were necessary.

Comment. One teacher stated that the proposed TEKS would require teachers to teach a combination of American, British, and world literature across English I-IV. The commenter added that, while teachers reference texts from various literature that students have read previously, high schools commonly teach American literature in 11th grade and British literature in 12th grade and students do not read a variety of texts at those grade levels.

Response. The SBOE agrees that additional clarification was needed. In response to this and other comments, the SBOE took action to require that students read and analyze world literature in English II, American literature in English III, and British literature in English IV.

Comment. One teacher commented in support of the inclusion of the requirement that students study American, British, and world literature across literary periods in all four English courses. The commenter stated that it is imperative that diverse students learn about valuable readings and writings from various countries.

Response. The SBOE disagrees that American, British, and world literature should be required in each course. In response to other comments the SBOE took action to require that students read and analyze world literature in English II, American literature in English III, and British literature in English IV.

Comment. One teacher expressed concern that the proposed student expectations on composition are very open-ended, while State of Texas Assessments of Academic Readiness (STAAR®) end-of-course (EOC) essays have a specific, pre-determined genre. The commenter stated that the specificity of STAAR® EOC essays guides instruction and asked why the proposed new TEKS and the test do not align.

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

Comment. One teacher stated that covering all of the proposed student expectations for grammar could be difficult.

Response. The SBOE disagrees and has determined that the scope of the student expectations related to grammar is appropriate. The SBOE took action to approve additional changes to student expectations related to grammar in response to other comments.

Comment. One teacher stated that the introductions for the proposed new TEKS state that there are seven strands, but when examining the knowledge and skills statements, the standards appear to be grouped as thirteen different strands, which makes it difficult to determine the organization of the strands and how to connect the strands to lessons.

Response. The SBOE disagrees that it is difficult to determine the organization of the strands and provides the following clarification. There are seven strands and seven substrands in the proposed new TEKS.

STATUTORY AUTHORITY. The new sections 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, 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.

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

§110.36.English Language Arts and Reading, English I (One Credit), Adopted 2017.

(a) General requirements. Students shall be awarded one credit for successful completion of this course.

(b) Introduction.

(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.

(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.

(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.

(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.

(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).

(6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).

(7) 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) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:

(A) engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes;

(B) follow and give complex oral instructions to perform specific tasks, answer questions, or solve problems and complex processes;

(C) give a presentation using informal, formal, and technical language effectively to meet the needs of audience, purpose, and occasion, employing eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and conventions of language to communicate ideas effectively; and

(D) participate collaboratively, building on the ideas of others, contributing relevant information, developing a plan for consensus building, and setting ground rules for decision making.

(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:

(A) use print or digital resources such as glossaries or technical dictionaries to clarify and validate understanding of the precise and appropriate meaning of technical or discipline-based vocabulary;

(B) analyze context to distinguish between the denotative and connotative meanings of words; and

(C) determine the meaning of foreign words or phrases used frequently in English such as bona fide, caveat, carte blanche, tête-à-tête, bon appétit, and quid pro quo.

(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.

(4) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:

(A) establish purpose for reading assigned and self-selected texts;

(B) generate questions about text before, during, and after reading to deepen understanding and gain information;

(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;

(D) create mental images to deepen understanding;

(E) make connections to personal experiences, ideas in other texts, and society;

(F) make inferences and use evidence to support understanding;

(G) evaluate details read to determine key ideas;

(H) synthesize information from two texts to create new understanding; and

(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.

(5) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:

(A) describe personal connections to a variety of sources, including self-selected texts;

(B) write responses that demonstrate understanding of texts, including comparing texts within and across genres;

(C) use text evidence and original commentary to support a comprehensive response;

(D) paraphrase and summarize texts in ways that maintain meaning and logical order;

(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;

(F) respond using acquired content and academic vocabulary as appropriate;

(G) discuss and write about the explicit or implicit meanings of text;

(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice;

(I) reflect on and adjust responses when valid evidence warrants; and

(J) defend or challenge the authors' claims using relevant text evidence.

(6) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:

(A) analyze how themes are developed through characterization and plot in a variety of literary texts;

(B) analyze how authors develop complex yet believable characters in works of fiction through a range of literary devices, including character foils;

(C) analyze non-linear plot development such as flashbacks, foreshadowing, subplots, and parallel plot structures and compare it to linear plot development; and

(D) analyze how the setting influences the theme.

(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:

(A) read and respond to American, British, and world literature;

(B) analyze the structure, prosody, and graphic elements such as line length and word position in poems across a variety of poetic forms;

(C) analyze the function of dramatic conventions such as asides, soliloquies, dramatic irony, and satire;

(D) analyze characteristics and structural elements of informational texts such as:

(i) clear thesis, relevant supporting evidence, pertinent examples, and conclusion; and

(ii) multiple organizational patterns within a text to develop the thesis;

(E) analyze characteristics and structural elements of argumentative texts such as:

(i) clear arguable claim, appeals, and convincing conclusion;

(ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and

(iii) identifiable audience or reader; and

(F) analyze characteristics of multimodal and digital texts.

(8) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:

(A) analyze the author's purpose, audience, and message within a text;

(B) analyze use of text structure to achieve the author's purpose;

(C) evaluate the author's use of print and graphic features to achieve specific purposes;

(D) analyze how the author's use of language achieves specific purposes;

(E) analyze the use of literary devices such as irony and oxymoron to achieve specific purposes;

(F) analyze how the author's diction and syntax contribute to the mood, voice, and tone of a text; and

(G) explain the purpose of rhetorical devices such as understatement and overstatement and the effect of logical fallacies such as straw man and red herring arguments.

(9) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. The student is expected to:

(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;

(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:

(i) using an organizing structure appropriate to purpose, audience, topic, and context; and

(ii) developing an engaging idea reflecting depth of thought with specific details, examples, and commentary;

(C) revise drafts to improve clarity, development, organization, style, diction, and sentence effectiveness, including use of parallel constructions and placement of phrases and dependent clauses;

(D) edit drafts using standard English conventions, including:

(i) a variety of complete, controlled sentences and avoidance of unintentional splices, run-ons, and fragments;

(ii) consistent, appropriate use of verb tense and active and passive voice;

(iii) pronoun-antecedent agreement;

(iv) correct capitalization;

(v) punctuation, including commas, semicolons, colons, and dashes to set off phrases and clauses as appropriate; and

(vi) correct spelling; and

(E) publish written work for appropriate audiences.

(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:

(A) compose literary texts such as fiction and poetry using genre characteristics and craft;

(B) compose informational texts such as explanatory essays, reports, and personal essays using genre characteristics and craft;

(C) compose argumentative texts using genre characteristics and craft; and

(D) compose correspondence in a professional or friendly structure.

(11) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:

(A) develop questions for formal and informal inquiry;

(B) critique the research process at each step to implement changes as needs occur and are identified;

(C) develop and revise a plan;

(D) modify the major research question as necessary to refocus the research plan;

(E) locate relevant sources;

(F) synthesize information from a variety of sources;

(G) examine sources for:

(i) credibility and bias, including omission; and

(ii) faulty reasoning such as ad hominem, loaded language, and slippery slope;

(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism; and

(I) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.

§110.37.English Language Arts and Reading, English II (One Credit), Adopted 2017.

(a) General requirements. Students shall be awarded one credit for successful completion of this course.

(b) Introduction.

(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.

(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.

(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.

(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.

(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).

(6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).

(7) 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) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:

(A) engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes;

(B) follow and give complex oral instructions to perform specific tasks, answer questions, or solve problems and complex processes;

(C) give a formal presentation that incorporates a clear thesis and a logical progression of valid evidence from reliable sources and that employs eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and conventions of language to communicate ideas effectively; and

(D) participate collaboratively, building on the ideas of others, contributing relevant information, developing a plan for consensus building, and setting ground rules for decision making.

(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:

(A) use print or digital resources such as glossaries or technical dictionaries to clarify and validate understanding of the precise and appropriate meaning of technical or discipline-based vocabulary;

(B) analyze context to distinguish among denotative, connotative, and figurative meanings of words; and

(C) determine the meaning of foreign words or phrases used frequently in English such as pas de deux, status quo, déjà vu, avant-garde, and coup d'état.

(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.

(4) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:

(A) establish purpose for reading assigned and self-selected texts;

(B) generate questions about text before, during, and after reading to deepen understanding and gain information;

(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;

(D) create mental images to deepen understanding;

(E) make connections to personal experiences, ideas in other texts, and society;

(F) make inferences and use evidence to support understanding;

(G) evaluate details read to determine key ideas;

(H) synthesize information from multiple texts to create new understanding; and

(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.

(5) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:

(A) describe personal connections to a variety of sources, including self-selected texts;

(B) write responses that demonstrate understanding of texts, including comparing texts within and across genres;

(C) use text evidence and original commentary to support an interpretive response;

(D) paraphrase and summarize texts in ways that maintain meaning and logical order;

(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;

(F) respond using acquired content and academic vocabulary as appropriate;

(G) discuss and write about the explicit or implicit meanings of text;

(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice;

(I) reflect on and adjust responses when valid evidence warrants; and

(J) defend or challenge the authors' claims using relevant text evidence.

(6) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:

(A) analyze how themes are developed through characterization and plot, including comparing similar themes in a variety of literary texts representing different cultures;

(B) analyze how authors develop complex yet believable characters, including archetypes, through historical and cultural settings and events;

(C) analyze isolated scenes and their contribution to the success of the plot as a whole; and

(D) analyze how historical and cultural settings influence characterization, plot, and theme across texts.

(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:

(A) read and analyze world literature across literary periods;

(B) analyze the effects of metrics; rhyme schemes; types of rhymes such as end, internal, slant, and eye; and other conventions in poems across a variety of poetic forms;

(C) analyze the function of dramatic conventions such as asides, soliloquies, dramatic irony, and satire;

(D) analyze characteristics and structural elements of informational texts such as:

(i) clear thesis, relevant supporting evidence, pertinent examples, and conclusion; and

(ii) the relationship between organizational design and thesis;

(E) analyze characteristics and structural elements of argumentative texts such as:

(i) clear arguable claim, appeals, and convincing conclusion;

(ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and

(iii) identifiable audience or reader; and

(F) analyze characteristics of multimodal and digital texts.

(8) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:

(A) analyze the author's purpose, audience, and message within a text;

(B) analyze use of text structure to achieve the author's purpose;

(C) evaluate the author's use of print and graphic features to achieve specific purposes;

(D) analyze how the author's use of language informs and shapes the perception of readers;

(E) analyze the use of literary devices such as irony, sarcasm, and motif to achieve specific purposes;

(F) analyze how the author's diction and syntax contribute to the mood, voice, and tone of a text; and

(G) analyze the purpose of rhetorical devices such as appeals, antithesis, parallelism, and shifts and the effects of logical fallacies.

(9) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. The student is expected to:

(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;

(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:

(i) using an organizing structure appropriate to purpose, audience, topic, and context; and

(ii) developing an engaging idea reflecting depth of thought with specific details, examples, and commentary;

(C) revise drafts to improve clarity, development, organization, style, diction, and sentence effectiveness, including use of parallel constructions and placement of phrases and dependent clauses;

(D) edit drafts using standard English conventions, including:

(i) a variety of complete, controlled sentences and avoidance of unintentional splices, run-ons, and fragments;

(ii) consistent, appropriate use of verb tense and active and passive voice;

(iii) pronoun-antecedent agreement;

(iv) correct capitalization;

(v) punctuation, including commas, semicolons, colons, dashes, and parentheses to set off phrases and clauses as appropriate; and

(vi) correct spelling; and

(E) publish written work for appropriate audiences.

(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:

(A) compose literary texts such as fiction and poetry using genre characteristics and craft;

(B) compose informational texts such as explanatory essays, reports, and personal essays using genre characteristics and craft;

(C) compose argumentative texts using genre characteristics and craft; and

(D) compose correspondence in a professional or friendly structure.

(11) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:

(A) develop questions for formal and informal inquiry;

(B) critique the research process at each step to implement changes as needs occur and are identified;

(C) develop and revise a plan;

(D) modify the major research question as necessary to refocus the research plan;

(E) locate relevant sources;

(F) synthesize information from a variety of sources;

(G) examine sources for:

(i) credibility and bias, including omission; and

(ii) faulty reasoning such as incorrect premise, hasty generalizations, and either-or;

(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism; and

(I) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.

§110.38.English Language Arts and Reading, English III (One Credit), Adopted 2017.

(a) General requirements. Students shall be awarded one credit for successful completion of this course.

(b) Introduction.

(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.

(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.

(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.

(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.

(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).

(6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).

(7) 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) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:

(A) engage in meaningful and respectful discourse when evaluating the clarity and coherence of a speaker's message and critiquing the impact of a speaker's use of diction and syntax;

(B) follow and give complex instructions, clarify meaning by asking pertinent questions, and respond appropriately;

(C) give a formal presentation that exhibits a logical structure, smooth transitions, accurate evidence, well-chosen details, and rhetorical devices and that employs eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and conventions of language to communicate ideas effectively; and

(D) participate collaboratively, offering ideas or judgments that are purposeful in moving the team toward goals, asking relevant and insightful questions, tolerating a range of positions and ambiguity in decision making, and evaluating the work of the group based on agreed-upon criteria.

(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:

(A) use print or digital resources to clarify and validate understanding of multiple meanings of advanced vocabulary;

(B) analyze context to draw conclusions about nuanced meanings such as in imagery; and

(C) determine the meaning of foreign words or phrases used frequently in English such as ad hoc, faux pas, non sequitur, and modus operandi.

(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.

(4) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:

(A) establish purpose for reading assigned and self-selected texts;

(B) generate questions about text before, during, and after reading to deepen understanding and gain information;

(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;

(D) create mental images to deepen understanding;

(E) make connections to personal experiences, ideas in other texts, and society;

(F) make inferences and use evidence to support understanding;

(G) evaluate details read to understand key ideas;

(H) synthesize information from a variety of text types to create new understanding; and

(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, annotating, and using outside sources when understanding breaks down.

(5) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:

(A) describe personal connections to a variety of sources, including self-selected texts;

(B) write responses that demonstrate analysis of texts, including comparing texts within and across genres;

(C) use text evidence and original commentary to support an analytic response;

(D) paraphrase and summarize texts in ways that maintain meaning and logical order;

(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;

(F) respond using acquired content and academic vocabulary as appropriate;

(G) discuss and write about the explicit and implicit meanings of text;

(H) respond orally or in writing with appropriate register and effective vocabulary, tone, and voice;

(I) reflect on and adjust responses when valid evidence warrants; and

(J) defend or challenge the authors' claims using relevant text evidence.

(6) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:

(A) analyze relationships among thematic development, characterization, point of view, significance of setting, and plot in a variety of literary texts;

(B) analyze how characters' behaviors and underlying motivations contribute to moral dilemmas that influence the plot and theme;

(C) evaluate how different literary elements shape the author's portrayal of the plot; and

(D) analyze how the historical, social, and economic context of setting(s) influences the plot, characterization, and theme.

(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:

(A) read and analyze American literature across literary periods;

(B) analyze relationships among characteristics of poetry, including stanzas, line breaks, speaker, and sound devices in poems across a variety of poetic forms;

(C) analyze how the relationships among dramatic elements advance the plot;

(D) analyze characteristics and structural elements of informational texts such as:

(i) clear thesis, strong supporting evidence, pertinent examples, commentary, summary, and conclusion; and

(ii) the relationship between organizational design and author's purpose;

(E) analyze characteristics and structural elements of argumentative texts such as:

(i) clear arguable thesis, appeals, structure of the argument, convincing conclusion, and call to action;

(ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and

(iii) identifiable audience or reader; and

(F) analyze the effectiveness of characteristics of multimodal and digital texts.

(8) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:

(A) analyze the author's purpose, audience, and message within a text;

(B) evaluate use of text structure to achieve the author's purpose;

(C) evaluate the author's use of print and graphic features to achieve specific purposes;

(D) evaluate how the author's use of language informs and shapes the perception of readers;

(E) evaluate the use of literary devices such as paradox, satire, and allegory to achieve specific purposes;

(F) evaluate how the author's diction and syntax contribute to the mood, voice, and tone of a text; and

(G) analyze the effects of rhetorical devices and logical fallacies on the way the text is read and understood.

(9) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. The student is expected to:

(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;

(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:

(i) using strategic organizational structures appropriate to purpose, audience, topic, and context; and

(ii) developing an engaging idea reflecting depth of thought with effective use of rhetorical devices, details, examples, and commentary;

(C) revise drafts to improve clarity, development, organization, style, diction, and sentence fluency, both within and between sentences;

(D) edit drafts to demonstrate a command of standard English conventions using a style guide as appropriate; and

(E) publish written work for appropriate audiences.

(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:

(A) compose literary texts such as fiction and poetry using genre characteristics and craft;

(B) compose informational texts such as explanatory essays, reports, resumes, and personal essays using genre characteristics and craft;

(C) compose argumentative texts using genre characteristics and craft;

(D) compose correspondence in a professional or friendly structure;

(E) compose literary analysis using genre characteristics and craft; and

(F) compose rhetorical analysis using genre characteristics and craft.

(11) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:

(A) develop questions for formal and informal inquiry;

(B) critique the research process at each step to implement changes as needs occur and are identified;

(C) develop and revise a plan;

(D) modify the major research question as necessary to refocus the research plan;

(E) locate relevant sources;

(F) synthesize information from a variety of sources;

(G) examine sources for:

(i) credibility, bias, and accuracy; and

(ii) faulty reasoning such as post hoc-ad hoc, circular reasoning, red herring, and assumptions;

(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism; and

(I) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.

§110.39.English Language Arts and Reading, English IV (One Credit), Adopted 2017.

(a) General requirements. Students shall be awarded one credit for successful completion of this course.

(b) Introduction.

(1) The English language arts and reading Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.

(2) The seven strands of the essential knowledge and skills for English language arts and reading are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.

(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.

(4) English language learners (ELLs) are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.

(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).

(6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).

(7) 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) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. The student is expected to:

(A) engage in meaningful and respectful discourse when evaluating the clarity and coherence of a speaker's message and critiquing the impact of a speaker's use of diction, syntax, and rhetorical strategies;

(B) follow and give complex instructions, clarify meaning by asking pertinent questions, and respond appropriately;

(C) formulate sound arguments and present using elements of classical speeches such as introduction, first and second transitions, body, conclusion, the art of persuasion, rhetorical devices, employing eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and conventions of language to communicate ideas effectively; and

(D) participate collaboratively, offering ideas or judgments that are purposeful in moving the team toward goals, asking relevant and insightful questions, tolerating a range of positions and ambiguity in decision making, and evaluating the work of the group based on agreed-upon criteria.

(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. The student is expected to:

(A) use print or digital resources to clarify and validate understanding of multiple meanings of advanced vocabulary;

(B) analyze context to draw conclusions about nuanced meanings such as in imagery; and

(C) determine the meaning of foreign words or phrases used frequently in English such as ad nauseum, in loco parentis, laissez-faire, and caveat emptor.

(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.

(4) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. The student is expected to:

(A) establish purpose for reading assigned and self-selected texts;

(B) generate questions about text before, during, and after reading to deepen understanding and gain information;

(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;

(D) create mental images to deepen understanding;

(E) make connections to personal experiences, ideas in other texts, and society;

(F) make inferences and use evidence to support understanding;

(G) evaluate details read to analyze key ideas;

(H) synthesize information from a variety of text types to create new understanding; and

(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, annotating, and using outside sources when understanding breaks down.

(5) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. The student is expected to:

(A) describe personal connections to a variety of sources, including self-selected texts;

(B) write responses that demonstrate analysis of texts, including comparing texts within and across genres;

(C) use text evidence and original commentary to support an evaluative response;

(D) paraphrase and summarize texts in ways that maintain meaning and logical order;

(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;

(F) respond using acquired content and academic vocabulary as appropriate;

(G) discuss and write about the explicit and implicit meanings of text;

(H) respond orally or in writing with appropriate register and purposeful vocabulary, tone, and voice;

(I) reflect on and adjust responses when valid evidence warrants; and

(J) defend or challenge the authors' claims using relevant text evidence.

(6) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. The student is expected to:

(A) analyze relationships among thematic development, characterization, point of view, significance of setting, and plot in a variety of literary texts;

(B) analyze how characters' behaviors and underlying motivations contribute to moral dilemmas that influence the plot and theme;

(C) critique and evaluate how complex plot structures such as subplots contribute to and advance the action; and

(D) evaluate how the historical, social, and economic context of setting(s) influences the plot, characterization, and theme.

(7) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. The student is expected to:

(A) read and analyze British literature across literary periods;

(B) analyze the effects of sound, form, figurative language, graphics, and dramatic structure in poetry across literary time periods and cultures;

(C) analyze and evaluate how the relationships among the dramatic elements advance the plot;

(D) critique and evaluate characteristics and structural elements of informational texts such as:

(i) clear thesis, effective supporting evidence, pertinent examples, commentary, summary, and conclusion; and

(ii) the relationship between organizational design and author's purpose;

(E) critique and evaluate characteristics and structural elements of argumentative texts such as:

(i) clear arguable thesis, appeals, structure of the argument, convincing conclusion, and call to action;

(ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and

(iii) identifiable audience or reader; and

(F) critique and evaluate the effectiveness of characteristics of multimodal and digital texts.

(8) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. The student is expected to:

(A) evaluate the author's purpose, audience, and message within a text;

(B) evaluate use of text structure to achieve the author's purpose;

(C) evaluate the author's use of print and graphic features to achieve specific purposes;

(D) critique and evaluate how the author's use of language informs and shapes the perception of readers;

(E) evaluate the use of literary devices such as paradox, satire, and allegory to achieve specific purposes;

(F) evaluate how the author's diction and syntax contribute to the effectiveness of a text; and

(G) analyze the effects of rhetorical devices and logical fallacies on the way the text is read and understood.

(9) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. The student is expected to:

(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;

(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:

(i) using strategic organizational structures appropriate to purpose, audience, topic, and context; and

(ii) developing an engaging idea reflecting depth of thought with effective use of rhetorical devices, details, examples, and commentary;

(C) revise drafts to improve clarity, development, organization, style, diction, and sentence fluency, both within and between sentences;

(D) edit drafts to demonstrate a command of standard English conventions using a style guide as appropriate; and

(E) publish written work for appropriate audiences.

(10) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. The student is expected to:

(A) compose literary texts such as fiction and poetry using genre characteristics and craft;

(B) compose informational texts such as explanatory essays, reports, resumes, and personal essays using genre characteristics and craft;

(C) compose argumentative texts using genre characteristics and craft;

(D) compose correspondence in a professional or friendly structure;

(E) compose literary analysis using genre characteristics and craft; and

(F) compose rhetorical analysis using genre characteristics and craft.

(11) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. The student is expected to:

(A) develop questions for formal and informal inquiry;

(B) critique the research process at each step to implement changes as needs occur and are identified;

(C) develop and revise a plan;

(D) modify the major research question as necessary to refocus the research plan;

(E) locate relevant sources;

(F) synthesize information from a variety of sources;

(G) examine sources for:

(i) credibility, bias, and accuracy; and

(ii) faulty reasoning such as straw man, false dilemma, faulty analogies, and non-sequitur;

(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism; and

(I) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.

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 October 23, 2017.

TRD-201704279

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: November 12, 2017

Proposal publication date: May 19, 2017

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


CHAPTER 128. TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR SPANISH LANGUAGE ARTS AND READING AND ENGLISH AS A SECOND LANGUAGE

SUBCHAPTER C. HIGH SCHOOL

19 TAC §§128.33 - 128.36

The State Board of Education (SBOE) adopts new §§128.33 - 128.36, concerning Texas Essential Knowledge and Skills (TEKS) for Spanish language arts and reading and English as a second language. New §128.33 is adopted without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2634) and will not be republished. New §§128.34 - 128.36 are adopted with changes to the proposed text as published in the May 19, 2017,issue of the Texas Register (42 TexReg 2634). The adopted new sections add new English as a second language TEKS for high school for implementation in the 2020-2021 school year.

REASONED JUSTIFICATION. Applications for appointment to English and Spanish language arts and reading TEKS review committees were accepted by the Texas Education Agency (TEA) from March 5, 2015, through April 6, 2015. The applications received were provided to SBOE members at the April 2015 meeting, and nominations for English and Spanish language arts and reading TEKS review committees and appointments of expert reviewers were made in spring 2015. Committee members were notified of the appointment in July 2015. The expert reviewers completed their review of the current TEKS and submitted initial reports to the SBOE in July 2015. Committee members participated in a training webinar in August 2015 in preparation for the first face-to-face meeting. The English and Spanish language arts and reading TEKS review committees convened in Austin in September 2015 to begin work on draft recommendations for the TEKS. The committees convened again in November 2015 to complete their initial draft recommendations.

In December 2015, the first draft recommendations were provided to the board and to the board-appointed expert reviewers and posted to the TEA website for informal public feedback. In accordance with the board's review process, each of the expert reviewers and one member of each TEKS review committee presented invited testimony at the January 2016 meeting.

The English and Spanish language arts and reading TEKS review committees convened for a third time in February 2016 in order to review feedback and work on the vertical alignment of the TEKS across grade levels and subjects. At the request of the board chair, representatives from each of the vertical alignment committees were asked to attend the April 2016 meeting to answer questions from board members. At that time, the board provided additional direction for the English and Spanish language arts and reading TEKS committee members to address at their next meeting.

The committees met for a fourth time in April 2016 to address the board's direction and finalize their recommendations for revisions to the English and Spanish language arts and reading TEKS. The English and Spanish language arts and reading TEKS committees' final recommendations were provided to the board-appointed expert reviewers and posted to the TEA website in June 2016.

Representatives from the TEKS review committees convened in Austin in June 2016 to review the drafts and provide feedback regarding whether the recommended TEKS for each grade level or course can reasonably be taught within the amount of time typically allotted for the subject or course prior to the end of the school year or a state end-of-course assessment required by TEC, §39.023, as applicable.

At the July 2016 meeting, the committee heard invited testimony from board-appointed expert reviewers regarding their feedback on the English and Spanish language arts and reading TEKS review committees' final recommendations. At that meeting, the board discussed next steps, reviewed timeline considerations for issuance of a proclamation for instructional materials for English and Spanish language arts and reading, and requested that staff make technical edits to the proposed revisions. The board also requested that the SBOE-appointed experts review the edited final recommendations and make suggestions to ensure the appropriate vertical alignment of the proposed TEKS. Additionally, the board requested feedback on the proposed revisions to the English language arts and reading TEKS from the Texas Higher Education Coordinating Board. The expert reviewers met in August 2016 and again in November 2016 to work on their recommendations for revisions to the English and Spanish language arts and reading TEKS. The expert reviewers also met virtually with representatives from the Texas Higher Education Coordinating Board panel to discuss higher education recommendations. Drafts resulting from that work were provided at the November 2016 meeting. At that time, the SBOE requested that the expert reviewers finalize their recommendations. The expert reviewers conducted virtual meetings in November 2016 and December 2016 to complete their recommendations.

The proposed new sections for the Kindergarten-Grade 12 English and Spanish language arts and reading TEKS were presented for first reading and filing authorization at the January/February 2017 meeting, and a public hearing on the proposed new sections was held at that time. At the meeting, the SBOE approved for first reading and filing authorization proposed new English and Spanish language arts and reading TEKS for Kindergarten-Grade 8. However, the board postponed action on proposed new English and Spanish language arts and reading TEKS for high school until the April 2017 meeting.

The new sections were approved by the SBOE for first reading and filing authorization at its April 21, 2017, meeting and for second reading and final adoption at its June 23, 2017, meeting.

In accordance with the TEC, §7.102(f), the SBOE approved the new sections for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2018-2019 school year. The earlier effective date will enable districts to begin preparing for implementation of the revised English and Spanish language arts and reading TEKS.

The following changes were made to adopted new 19 TAC Chapter 128, Subchapters C, since published as proposed.

§128.34. English I for Speakers of Other Languages (One Credit), Adopted 2017

Subsection (b)(1) of the introduction was revised to add the phrase "and thinking" after the four domains of language: listening, speaking, reading, and writing.

Subsection (b)(2) of the introduction was amended to delete "It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided."

The knowledge and skills statements in subsection (c)(1) - (3) and (c)(7) - (13) were amended to add the phrase "and with appropriately provided English language development scaffolding" after the phrase "Based on the student's language proficiency level."

The student expectation in subsection (c)(1)(A) was amended to read, "engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes."

The student expectation in proposed subsection (c)(1)(F) was relettered as subsection (c)(1)(D) and amended to replace the word "presentations" with "a presentation" and to add the phrase "with increasing accuracy of" before the phrase "conventions of language."

The student expectation in proposed subsection (c)(1)(G) was deleted.

The student expectation in proposed subsection (c)(1)(E) was relettered as subsection (c)(1)(G) and amended to remove literary interviews from the list of types of interviews students must conduct.

The student expectation in subsection (c)(2)(A) was amended to add the word "acquire."

The student expectation in subsection (c)(3)(B) was amended to read, "discuss and analyze context and use cognates to distinguish between the denotative and connotative meanings of words and phrases."

The student expectation in proposed subsection (c)(3)(D) was relettered as subsection (c)(3)(C) and amended to add the phrase "bona fide," delete the word "emptor" from the phrase "caveat emptor," and delete the phrase "pas de deux."

The student expectation in subsection (c)(3)(E) was amended to specify that students must identify, understand, and use multiple-meaning words, homographs, homophones, and commonly confused terms correctly.

The knowledge and skills statement in subsection (c)(4) was amended to read, "The student reads grade-level text with fluency and comprehension. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to adjust fluency when reading grade-level and language proficiency-level text based on the reading purpose."

The knowledge and skills statement in subsection (c)(5) was amended to replace the phrase "grade-appropriate texts independently" with the phrase "grade- and language proficiency-appropriate texts with increasing independence."

The knowledge and skills statement in subsection (c)(6) was amended to replace the phrase "deepen comprehension of" with the word "comprehend" and to add the phrase "and with appropriately provided English language development scaffolding" after the phrase "Based on the student's language proficiency level."

The student expectation in subsection (c)(6)(B) was amended to add the phrases "answer and" and "acquire and."

The student expectation in subsection (c)(6)(C) was amended to replace the phrase "make, correct, or confirm" with the phrase "make and correct or confirm."

The student expectation in subsection (c)(6)(G) was amended to add the phrase "actively participate in discussions to identify, understand, and" before the phrase "evaluate details."

The student expectation in subsection (c)(6)(H) was amended to add the phrase "from two texts" after the phrase "synthesize information."

The student expectation in subsection (c)(7)(C) was amended to add the phrase "and original commentary" after the phrase "text evidence" and to replace the phrase "an appropriate" with the phrase "a comprehensive."

The student expectation in subsection (c)(7)(I) was amended to replace the phrase "as new evidence is presented" with the phrase "when valid evidence warrants."

The student expectation in subsection (c)(8)(A) was amended to replace "analyze how different authors present similar themes across texts using text evidence" with "identify and analyze how themes are developed through characterization and plot in a variety of literary texts."

The student expectations in subsection (c)(8)(B) - (D) were amended to add the phrase "identify and" before the word "analyze."

The student expectation in subsection (c)(9)(A) was amended to specify that students must read and respond to American, British, and world literature.

The student expectations in subsection (c)(9)(B) - (F) were amended to add the phrase "identify and" before the word "analyze."

The student expectation in subsection (c)(9)(E)(ii) was amended to add the phrase "various types of evidence and treatment of counterarguments, including" before "concessions" and to replace "call to action" with "rebuttals" in the list of types of different counterarguments for which students are expected to analyze the characteristics and structural elements.

The student expectations in subsection (c)(10)(A) - (F) and (H) were amended to add the phrase "identify and" before the word "analyze."

The student expectation in subsection (c)(10)(E) was amended to delete the phrase "point of view."

The student expectation in subsection (c)(11)(B)(i) was amended to replace "organizing with purposeful structure, including a strategic introduction, transitions, coherence within and across paragraphs, and a conclusion" with "using an organizing structure appropriate to purpose, audience, topic, and context."

The student expectation in subsection (c)(11)(C) was amended to replace the word "for" with the phrase "to improve" and to replace the phrase "fluency, including parallel structure" with the phrase "effectiveness, including use of parallel constructions and placement of phrases and dependent clauses."

The student expectation in subsection (c)(12)(B) was amended to add explanatory essays and reports to and remove informative essays from the list of examples of informational texts that students may compose.

The student expectation in subsection (c)(13)(A) was amended to delete the phrase "student-selected."

The student expectation in subsection (c)(13)(B) was amended to replace the phrase "the need occurs" with the phrase "needs occur."

The student expectation in proposed subsection (c)(13)(G) was deleted and reinserted as new subsection (c)(13)(F).

The student expectation in subsection (c)(13)(H) was amended to add the phrase "including for paraphrased and quoted text" after the phrase "display academic citations" and to add the phrase "to avoid plagiarism" after the phrase "use source materials ethically."

The student expectation in subsection (c)(13)(J) was amended to add "pictorial" to the list of modes of delivery students use.

Technical corrections were also made.

§128.35. English II for Speakers of Other Languages (One Credit), Adopted 2017

Subsection (b)(1) of the introduction was revised to add the phrase "and thinking" after the four domains of language: listening, speaking, reading, and writing.

Subsection (b)(2) of the introduction was amended to delete "It is important to note that encoding (spelling) and decoding (reading) are reciprocal skills. Decoding is internalized when tactile and kinesthetic opportunities (encoding) are provided."

The knowledge and skills statements in subsection (c)(1) - (3) and (c)(6) - (13) were amended to add the phrase "and with appropriately provided English language development scaffolding" after the phrase "Based on the student's language proficiency level."

The student expectation in subsection (c)(1)(A) was amended to read, "engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes."

The student expectation in proposed subsection (c)(1)(E) was deleted.

The student expectation in proposed subsection (c)(1)(F) was relettered as subsection (c)(1)(D) and amended to replace the phrase "advance a coherent argument" with the phrase "give a formal presentation" and to add the phrase "increasing mastery of" before the phrase "conventions of language."

The student expectation in subsection (c)(3)(B) was amended to replace the word "between" with the word "among" and to add the word "connotative."

The student expectation in proposed subsection (c)(3)(D) was relettered as subsection (c)(3)(C) and amended to add the phrase "pas de deux."

The knowledge and skills statement in subsection (c)(4) was amended to read, "The student reads grade-level text with fluency and comprehension. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to adjust fluency when reading grade-level and language proficiency-level text based on the reading purpose."

The student expectation in subsection (c)(6)(B) was amended to add the phrase "acquire and."

The student expectation in subsection (c)(6)(C) was amended to replace the phrase "make, correct, or confirm" with the phrase "make and correct or confirm."

The student expectation in subsection (c)(6)(H) was amended to add the phrase "from multiple texts" after the phrase "synthesize information."

The student expectation in subsection (c)(7)(C) was amended to add the phrase "and original commentary" after the phrase "text evidence" and to replace the word "appropriate" with the word "interpretive."

The student expectation in subsection (c)(7)(I) was amended to replace the phrase "as new evidence is presented" with the phrase "when valid evidence warrants."

The student expectation in subsection (c)(7)(K) was amended to replace the phrase "complete sentences" with the phrase "single words and short phrases" and to add the phrase "participating in" before the phrase "extended discussions."

The student expectation in subsection (c)(8)(A) was amended to replace "compare and contrast differences in similar themes expressed across a variety of works" with "analyze how themes are developed through characterization and plot, including comparing similar themes in a variety of literary texts representing different cultures."

The student expectation in subsection (c)(8)(B) was amended to read, "analyze how authors develop complex yet believable characters, including archetypes, through historical and cultural settings and events."

The student expectation in subsection (c)(8)(C) was amended to specify that students are expected to analyze isolated scenes and their contribution to the success of the plot as a whole.

The student expectation in subsection (c)(8)(D) was amended to read, "analyze how historical and cultural settings influence characterization, plot, and theme across texts."

The student expectation in subsection (c)(9)(A) was amended to specify that students must read and analyze world literature.

The student expectation in subsection (c)(9)(B) was amended to add the phrase "types of rhymes" after the phrase "rhyme schemes."

The student expectation in subsection (c)(9)(E)(ii) was amended to add the phrase "various types of evidence and treatment of counterarguments, including" before "concessions" and to replace "call to action" with "rebuttals" in the list of types of different counterarguments for which students are expected to analyze the characteristics and structural elements.

The student expectation in subsection (c)(10)(E) was amended to delete the phrase "point of view."

The student expectation in subsection (c)(10)(G) was amended to add the phrase "and the effects of logical fallacies."

The student expectation in subsection (c)(11)(B)(i) was amended to replace "organizing with purposeful structure, including a strategic introduction, transitions, coherence within and across paragraphs, and a conclusion" with "using an organizing structure appropriate to purpose, audience, topic, and context."

The student expectation in subsection (c)(11)(C) was amended to replace the word "for" with the phrase "to improve" and to replace the phrase "fluency, including parallel structure" with the phrase "effectiveness, including use of parallel constructions and placement of phrases and dependent clauses."

The student expectation in subsection (c)(11)(D)(viii) was amended to replace brackets and ellipses with parentheses in the list of standard English conventions students are expected to use.

The student expectation in subsection (c)(11)(E) was amended to replace the word "a" with the phrase "an increasingly complex."

The student expectation in subsection (c)(12)(B) was amended to add explanatory essays and reports to and remove informative essays from the list of examples of informational texts that students may compose.

The student expectation in subsection (c)(13)(A) was amended to delete the phrase "student-selected."

The student expectation in subsection (c)(13)(B) was amended to replace the phrase "the need occurs" with the phrase "needs occur."

The student expectation in proposed subsection (c)(13)(G) was deleted and reinserted as new subsection (c)(13)(F).

The student expectation in subsection (c)(13)(H) was amended to add the phrase "including for paraphrased and quoted text" after the phrase "display academic citations" and to add the phrase "to avoid plagiarism" after the phrase "use source materials ethically."

Technical corrections were also made.

§128.36. English Language Development and Acquisition (ELDA) (One Credit), Adopted 2017

The knowledge and skills statements in subsection (c)(1) - (7) were amended to add the phrase "and with appropriately provided English language development scaffolding" after the phrase "Based on the student's language proficiency level."

The student expectation in subsection (c)(1)(E) was amended to add the word "universally" before the phrase "familiar."

The student expectation in subsection (c)(2)(C) was amended to delete the phrase "increasingly complex."

The student expectation in subsection (c)(3)(B) was amended to add the phrase "increasingly complex" before the phrase "grammatical structures."

The student expectation in subsection (c)(3)(F) was amended to replace the word "extended" with the word "short."

The student expectation in subsection (c)(6)(A) was amended to replace the word "accurate" with the phrase "increasing accuracy in the."

The student expectation in subsection (c)(6)(C) was amended to add the word "increasing" before the word "control."

The student expectation in subsection (c)(6)(H) was amended to add the phrase "complete sentences and" after the phrase "to form."

The student expectation in subsection (c)(6)(L) was amended to add writing, labeling, and sketching to the list of study tools students must use to clarify and remember information.

The student expectation in subsection (c)(6)(N) was amended to replace the word "appropriately" with the phrase "with increasing accuracy."

Technical corrections were also made.

SUMMARY OF COMMENTS AND RESPONSES. Following is a summary of the public comments received and the corresponding responses regarding proposed new 19 TAC Chapter 128, Subchapter C.

Comment. One teacher expressed support for the proposed new ELDA course as a corequisite for English for Speakers of Other Languages (ESOL) I and II.

Response. The SBOE agrees and took action to approve the proposed new ELDA course as a corequisite course for ESOL I and II. The SBOE also took action to approve additional changes to the proposed ELDA course to respond to other comments.

Comment. One teacher requested that the ELDA course serve as a corequisite for Grades 7 and 8, especially for students who are beginning learners of English and as recommended by the TEKS review committee.

Response. The SBOE provides the following clarification. Under 19 TAC §74.26(b), students at grades lower than Grade 9 may complete and earn credit for high school courses. A course must be considered completed and credit must be awarded if the student has demonstrated achievement by meeting the standard requirements of the course, regardless of the grade level at which proficiency was attained.

Comment. One teacher stated that a minimum of two hours of instruction in English as a second language (ESL) each day is necessary.

Response. The SBOE requested feedback regarding the amount of time needed to provide instruction in the student expectations as proposed. The SBOE determined that no additional adjustments to student expectations in 19 TAC Chapter 128, Texas Essential Knowledge and Skills for Spanish Language Arts and Reading and English as a Second Language, were necessary as a result of this feedback. However, the SBOE also took action to approve additional changes to the TEKS for ESL to respond to other comments.

STATUTORY AUTHORITY. The new sections 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, 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.

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

§128.34.English I for Speakers of Other Languages (One Credit), Adopted 2017.

(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended corequisite: English Language Development and Acquisition (ELDA).

(1) The essential knowledge and skills for English I for Speakers of Other Languages (ESOL I) are described in §74.4 of this title (relating to English Language Proficiency Standards) as well as subsection (b) of this section and are aligned to the knowledge and skills and student expectations in Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading) with additional expectations for English language learners (ELLs).

(2) ESOL I may be substituted for English I as provided by Chapter 74, Subchapter B, of this title (relating to Graduation Requirements). All expectations apply to ESOL I students; however, it is imperative to recognize critical processes and features of second language acquisition and to provide appropriate instruction to enable students to meet these standards.

(b) Introduction.

(1) The ESOL Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. They are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.

(2) The seven strands of this course mirror the essential knowledge and skills for English language arts and reading, which are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.

(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.

(4) ELLs are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.

(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).

(6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).

(7) 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) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes;

(B) share prior knowledge with peers and others to facilitate communication;

(C) follow, restate, and give complex oral instructions to perform specific tasks, answer questions, or solve problems and complex processes;

(D) give a presentation using informal, formal, and technical language effectively to meet the needs of audience, purpose, and occasion, employing eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and increasing mastery of conventions of language to communicate ideas effectively;

(E) participate collaboratively, building on the ideas of others, contributing relevant information, developing a plan for consensus building, and setting ground rules for decision making;

(F) develop social communication and produce oral language in contextualized and purposeful ways; and

(G) conduct an interview, including social and informative.

(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) acquire, demonstrate, and apply phonetic knowledge; and

(B) write complete words, thoughts, and answers legibly.

(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) use print or digital resources such as glossaries or technical dictionaries to clarify and validate understanding of the precise and appropriate meaning of technical or discipline-based vocabulary;

(B) discuss and analyze context and use cognates to distinguish between the denotative and connotative meanings of words and phrases;

(C) determine the meaning of foreign words or phrases used frequently in English such as bona fide, caveat, carte blanche, tête-à-tête, bon appétit, and quid pro quo;

(D) identify and use words that name actions, directions, positions, sequences, and locations;

(E) identify, understand, and use multiple-meaning words, homographs, homophones, and commonly confused terms correctly; and

(F) investigate expressions such as idioms and word relationships such as antonyms, synonyms, and analogies.

(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to adjust fluency when reading grade-level and language proficiency-level text based on the reading purpose.

(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade- and language proficiency-appropriate texts with increasing independence. The student is expected to self-select text and read independently for a sustained period of time.

(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and comprehend increasingly complex texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) establish purpose for reading assigned and self-selected texts;

(B) answer and generate questions about text before, during, and after reading to acquire and deepen understanding and gain information;

(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;

(D) create mental images to deepen understanding;

(E) make connections to personal experiences, ideas in other texts, and society;

(F) make inferences and use evidence to support understanding;

(G) actively participate in discussions to identify, understand, and evaluate details read to determine key ideas;

(H) synthesize information from two texts to create new understanding; and

(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.

(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) describe personal connections to a variety of sources, including self-selected texts;

(B) write responses that demonstrate understanding of texts, including comparing texts within and across genres;

(C) use text evidence and original commentary to support a comprehensive response;

(D) paraphrase and summarize texts in ways that maintain meaning and logical order;

(E) interact with sources in meaningful ways such as labeling, notetaking, annotating, freewriting, or illustrating;

(F) respond using acquired content and academic vocabulary as appropriate;

(G) discuss and write about the explicit or implicit meanings of text;

(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice;

(I) reflect on and adjust responses when valid evidence warrants;

(J) defend or challenge the authors' claims using relevant text evidence; and

(K) express opinions, ideas, and feelings ranging from communicating single words and short phrases to participating in extended discussions.

(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) identify and analyze how themes are developed through characterization and plot in a variety of literary texts;

(B) identify and analyze how authors develop complex yet believable characters in works of fiction through a range of literary devices, including character foils;

(C) identify and analyze non-linear plot development such as flashbacks, foreshadowing, subplots, and parallel plot structures and compare it to linear plot development; and

(D) identify and analyze how the setting influences the theme.

(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) read and respond to American, British, and world literature;

(B) identify and analyze the structure, prosody, and graphic elements such as line length and word position in poems across a variety of poetic forms;

(C) identify and analyze the function of dramatic conventions such as asides, soliloquies, dramatic irony, and satire;

(D) identify and analyze characteristics and structural elements of informational texts such as:

(i) controlling idea and clear thesis, relevant supporting evidence, pertinent examples, and conclusion;

(ii) chapters, sections, subsections, bibliography, tables, graphs, captions, bullets, and numbers; and

(iii) multiple organizational patterns within a text to develop the thesis;

(E) identify and analyze characteristics and structural elements of argumentative texts such as:

(i) clear arguable claim, appeals, and convincing conclusion;

(ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and

(iii) identifiable audience or reader; and

(F) identify and analyze characteristics of multimodal and digital texts.

(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) identify and analyze the author's purpose, audience, and message within a text;

(B) identify and analyze use of text structure to achieve the author's purpose;

(C) identify and evaluate the author's use of print and graphic features to achieve specific purposes;

(D) identify and analyze how the author's use of language achieves specific purposes;

(E) identify and analyze the use of literary devices such as irony and oxymoron to achieve specific purposes;

(F) identify and analyze how the author's diction and syntax contribute to the mood, voice, and tone of a text;

(G) identify and analyze the use of rhetorical devices, including allusion, repetition, appeals, and rhetorical questions; and

(H) identify and explain the purpose of rhetorical devices such as understatement and overstatement and the effect of logical fallacies such as straw man and red herring arguments.

(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;

(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:

(i) using an organizing structure appropriate to purpose, audience, topic, and context; and

(ii) developing an engaging idea reflecting depth of thought with specific details, examples, and commentary;

(C) revise drafts to improve clarity, development, organization, style, diction, and sentence effectiveness, including use of parallel constructions and placement of phrases and dependent clauses;

(D) edit drafts using standard English conventions, including:

(i) a variety of complete, controlled sentences and avoidance of unintentional splices, run-ons, and fragments;

(ii) consistent, appropriate use of verb tense and active and passive voice;

(iii) subject-verb agreement;

(iv) pronoun-antecedent agreement;

(v) apostrophes to show possession;

(vi) accurate usage of homonyms;

(vii) correct capitalization;

(viii) punctuation, including commas, semicolons, colons, and dashes to set off phrases and clauses as appropriate; and

(ix) correct spelling, including abbreviations;

(E) use sentence-combining techniques to create a variety of sentence structures and lengths;

(F) develop voice; and

(G) publish written work for appropriate audiences.

(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) compose literary texts such as fiction and poetry using genre characteristics and craft;

(B) compose informational texts such as explanatory essays, reports, and personal essays using genre characteristics and craft;

(C) compose argumentative texts using genre characteristics and craft; and

(D) compose correspondence in a professional or friendly structure.

(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) develop questions for formal and informal inquiry;

(B) critique the research process at each step to implement changes as needs occur and are identified;

(C) develop and revise a plan;

(D) modify the major research question as necessary to refocus the research plan;

(E) locate relevant sources;

(F) synthesize information from a variety of sources;

(G) examine sources for:

(i) credibility and bias, including omission; and

(ii) faulty reasoning such as ad hominem, loaded language, and slippery slope;

(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism;

(I) incorporate digital technology when appropriate; and

(J) use an appropriate mode of delivery, whether written, oral, pictorial, or multimodal, to present results.

§128.35.English II for Speakers of Other Languages (One Credit), Adopted 2017.

(a) General requirements. Students shall be awarded one credit for successful completion of this course. Recommended corequisite: English Language Development and Acquisition (ELDA).

(1) The essential knowledge and skills for English II for Speakers of Other Languages (ESOL II) are described in §74.4 of this title (relating to English Language Proficiency Standards) as well as subsection (b) of this section and are aligned to the knowledge and skills and student expectations in Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading) with additional expectations for English language learners (ELLs).

(2) ESOL II may be substituted for English II as provided by Chapter 74, Subchapter B, of this title (relating to Graduation Requirements). All expectations apply to ESOL II students; however, it is imperative to recognize critical processes and features of second language acquisition and to provide appropriate instruction to enable students to meet these standards.

(b) Introduction.

(1) The ESOL Texas Essential Knowledge and Skills (TEKS) embody the interconnected nature of listening, speaking, reading, writing, and thinking through the seven integrated strands of developing and sustaining foundational language skills; comprehension; response; multiple genres; author's purpose and craft; composition; and inquiry and research. The strands focus on academic oracy (proficiency in oral expression and comprehension), authentic reading, and reflective writing to ensure a literate Texas. The strands are integrated and progressive with students continuing to develop knowledge and skills with increased complexity and nuance in order to think critically and adapt to the ever-evolving nature of language and literacy.

(2) The seven strands of this course mirror the essential knowledge and skills for English language arts and reading, which are intended to be integrated for instructional purposes and are recursive in nature. Strands include the four domains of language (listening, speaking, reading, and writing) and their application in order to accelerate the acquisition of language skills so that students develop high levels of social and academic language proficiency. Although some strands may require more instructional time, each strand is of equal value, may be presented in any order, and should be integrated throughout the year. Additionally, students should engage in academic conversations, write, read, and be read to on a daily basis with opportunities for cross-curricular content and student choice.

(3) Text complexity increases with challenging vocabulary, sophisticated sentence structures, nuanced text features, cognitively demanding content, and subtle relationships among ideas (Texas Education Agency, STAAR Performance Level Descriptors, 2013). As skills and knowledge are obtained in each of the seven strands, students will continue to apply earlier standards with greater depth to increasingly complex texts in multiple genres as they become self-directed, critical learners who work collaboratively while continuously using metacognitive skills.

(4) ELLs are expected to meet standards in a second language; however, their proficiency in English influences the ability to meet these standards. To demonstrate this knowledge throughout the stages of English language acquisition, comprehension of text requires additional scaffolds such as adapted text, translations, native language support, cognates, summaries, pictures, realia, glossaries, bilingual dictionaries, thesauri, and other modes of comprehensible input. ELLs can and should be encouraged to use knowledge of their first language to enhance vocabulary development; vocabulary needs to be in the context of connected discourse so that it is meaningful. Strategic use of the student's first language is important to ensure linguistic, affective, cognitive, and academic development in English.

(5) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).

(6) Oral language proficiency holds a pivotal role in school success; verbal engagement must be maximized across grade levels (Kinsella, 2010). In order for students to become thinkers and proficient speakers in science, social studies, mathematics, fine arts, language arts and reading, and career and technical education, they must have multiple opportunities to practice and apply the academic language of each discipline (Fisher, Frey, & Rothenberg, 2008).

(7) 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) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. The student develops oral language through listening, speaking, and discussion. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) engage in meaningful and respectful discourse by listening actively, responding appropriately, and adjusting communication to audiences and purposes;

(B) share prior knowledge with peers and others to facilitate communication;

(C) follow, restate, and give complex oral instructions to perform specific tasks, answer questions, or solve problems and complex processes;

(D) give a formal presentation that incorporates a clear thesis and a logical progression of valid evidence from reliable sources and that employs eye contact, speaking rate such as pauses for effect, volume, enunciation, purposeful gestures, and increasing mastery of conventions of language to communicate ideas effectively;

(E) participate collaboratively, building on the ideas of others, contributing relevant information, developing a plan for consensus building, and setting ground rules for decision making;

(F) develop social communication and produce oral language in contextualized and purposeful ways; and

(G) listen and respond to critique from peers after an oral presentation.

(2) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--beginning reading and writing. The student develops word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and spell. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) demonstrate and apply phonetic knowledge; and

(B) write complete words, thoughts, and answers legibly.

(3) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--vocabulary. The student uses newly acquired vocabulary expressively. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) use print or digital resources such as glossaries or technical dictionaries to clarify and validate understanding of the precise and appropriate meaning of technical or discipline-based vocabulary;

(B) analyze context to distinguish among denotative, connotative, and figurative meanings of words;

(C) determine the meaning of foreign words or phrases used frequently in English such as pas de deux, status quo, déjà vu, avant-garde, and coup d'état;

(D) identify and use words that name actions, directions, positions, sequences, and locations;

(E) use multiple-meaning words, homographs, homophones, and commonly confused terms correctly; and

(F) investigate expressions such as idioms and word relationships such as antonyms, synonyms, and analogies.

(4) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--fluency. The student reads grade-level text with fluency and comprehension. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to adjust fluency when reading grade-level and language proficiency-level text based on the reading purpose.

(5) Developing and sustaining foundational language skills: listening, speaking, reading, writing, and thinking--self-sustained reading. The student reads grade-appropriate texts independently. The student is expected to self-select text and read independently for a sustained period of time.

(6) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. The student uses metacognitive skills to both develop and deepen comprehension of increasingly complex texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) establish purpose for reading assigned and self-selected texts;

(B) generate questions about text before, during, and after reading to acquire and deepen understanding and gain information;

(C) make and correct or confirm predictions using text features, characteristics of genre, and structures;

(D) create mental images to deepen understanding;

(E) make connections to personal experiences, ideas in other texts, and society;

(F) make inferences and use evidence to support understanding;

(G) evaluate details read to determine key ideas;

(H) synthesize information from multiple texts to create new understanding; and

(I) monitor comprehension and make adjustments such as re-reading, using background knowledge, asking questions, and annotating when understanding breaks down.

(7) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. The student responds to an increasingly challenging variety of sources that are read, heard, or viewed. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) describe personal connections to a variety of sources, including self-selected texts;

(B) write responses that demonstrate understanding of texts, including comparing texts within and across genres;

(C) use text evidence and original commentary to support an interpretive response;

(D) paraphrase and summarize texts in ways that maintain meaning and logical order;

(E) interact with sources in meaningful ways such as notetaking, annotating, freewriting, or illustrating;

(F) respond using acquired content and academic vocabulary as appropriate;

(G) discuss and write about the explicit or implicit meanings of text;

(H) respond orally or in writing with appropriate register, vocabulary, tone, and voice;

(I) reflect on and adjust responses when valid evidence warrants;

(J) defend or challenge the authors' claims using relevant text evidence; and

(K) express opinions, ideas, and feelings ranging from communicating in single words and short phrases to participating in extended discussions.

(8) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--literary elements. The student recognizes and analyzes literary elements within and across increasingly complex traditional, contemporary, classical, and diverse literary texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) analyze how themes are developed through characterization and plot, including comparing similar themes in a variety of literary texts representing different cultures;

(B) analyze how authors develop complex yet believable characters, including archetypes, through historical and cultural settings and events;

(C) analyze isolated scenes and their contribution to the success of the plot as a whole; and

(D) analyze how historical and cultural settings influence characterization, plot, and theme across texts.

(9) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student recognizes and analyzes genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) read and analyze world literature across literary periods;

(B) analyze the effects of metrics; rhyme schemes; types of rhymes such as end, internal, slant, and eye; and other conventions in poems across a variety of poetic forms;

(C) analyze the function of dramatic conventions such as asides, soliloquies, dramatic irony, and satire;

(D) analyze characteristics and structural elements of informational texts such as:

(i) clear thesis, relevant supporting evidence, pertinent examples, and conclusion;

(ii) chapters, sections, subsections, bibliography, tables, graphs, captions, bullets, and numbers to locate, explain, or use information and gain understanding of text;

(iii) organizational patterns such as description, temporal sequence, cause and effect, compare and contrast, and problem and solution; and

(iv) the relationship between organizational design and thesis;

(E) analyze characteristics and structural elements of argumentative texts such as:

(i) controlling idea and clear arguable claim, appeals, and convincing conclusion;

(ii) various types of evidence and treatment of counterarguments, including concessions and rebuttals; and

(iii) identifiable audience or reader; and

(F) analyze characteristics of multimodal and digital texts.

(10) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. The student uses critical inquiry to analyze the authors' choices and how they influence and communicate meaning within a variety of texts. The student analyzes and applies author's craft purposefully in order to develop his or her own products and performances. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) analyze the author's purpose, audience, and message within a text;

(B) analyze use of text structure to achieve the author's purpose;

(C) evaluate the author's use of print and graphic features to achieve specific purposes;

(D) analyze how the author's use of language informs and shapes the perception of readers;

(E) analyze the use of literary devices such as irony, sarcasm, and motif to achieve specific purposes;

(F) analyze how the author's diction and syntax contribute to the mood, voice, and tone of a text; and

(G) analyze the purpose of rhetorical devices such as appeals, antithesis, parallelism, and shifts and the effects of logical fallacies.

(11) Composition: listening, speaking, reading, writing, and thinking using multiple texts--writing process. The student uses the writing process recursively to compose multiple texts that are legible and use appropriate conventions. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) plan a piece of writing appropriate for various purposes and audiences by generating ideas through a range of strategies such as brainstorming, journaling, reading, or discussing;

(B) develop drafts into a focused, structured, and coherent piece of writing in timed and open-ended situations by:

(i) using an organizing structure appropriate to purpose, audience, topic, and context; and

(ii) developing an engaging idea reflecting depth of thought with specific details, examples, and commentary;

(C) revise drafts to improve clarity, development, organization, style, diction, and sentence effectiveness, including use of parallel constructions and placement of phrases and dependent clauses;

(D) edit drafts using standard English conventions, including:

(i) a variety of complete, controlled sentences and avoidance of unintentional splices, run-ons, and fragments;

(ii) consistent, appropriate use of verb tense and active and passive voice;

(iii) subject-verb agreement;

(iv) pronoun-antecedent agreement;

(v) apostrophes to show possession;

(vi) accurate usage of homonyms;

(vii) correct capitalization;

(viii) punctuation, including commas, semicolons, colons, dashes, and parentheses, to set off phrases and clauses as appropriate; and

(ix) correct spelling, including abbreviations;

(E) use sentence-combining techniques to create an increasingly complex variety of sentence structures and lengths;

(F) develop voice; and

(G) publish written work for appropriate audiences.

(12) Composition: listening, speaking, reading, writing, and thinking using multiple texts--genres. The student uses genre characteristics and craft to compose multiple texts that are meaningful. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) compose literary texts such as fiction and poetry using genre characteristics and craft;

(B) compose informational texts such as explanatory essays, reports, and personal essays using genre characteristics and craft;

(C) compose argumentative texts using genre characteristics and craft; and

(D) compose correspondence in a professional or friendly structure.

(13) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. The student engages in both short-term and sustained recursive inquiry processes for a variety of purposes. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) develop questions for formal and informal inquiry;

(B) critique the research process at each step to implement changes as needs occur and are identified;

(C) develop and revise a plan;

(D) modify the major research question as necessary to refocus the research plan;

(E) locate relevant sources;

(F) synthesize information from a variety of sources;

(G) examine sources for:

(i) credibility and bias, including omission; and

(ii) faulty reasoning such as incorrect premise, hasty generalizations, and either-or;

(H) display academic citations, including for paraphrased and quoted text, and use source materials ethically to avoid plagiarism;

(I) incorporate digital technology when appropriate; and

(J) use an appropriate mode of delivery, whether written, oral, or multimodal, to present results.

§128.36.English Language Development and Acquisition (ELDA) (One Credit), Adopted 2017.

(a) General requirements.

(1) Students shall be awarded one credit for successful completion of this course. This course must be taken concurrently with a corequisite language arts course as outlined in Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading) or this chapter. Recommended corequisites: English I for Speakers of Other Languages (ESOL I) and English II for Speakers of Other Languages (ESOL II).

(2) Students may take this course with a different corequisite for a maximum of two credits.

(b) Introduction.

(1) English Language Development and Acquisition (ELDA) is designed to provide instructional opportunities for secondary recent immigrant students with little or no English proficiency. These students have scored at the negligible/very limited academic language level of the state-approved English oral language proficiency tests. This course enables students to become increasingly more proficient in English in all four language domains. It addresses cognitive, linguistic, and affective needs in compliance with federal requirements and the provisions of Chapter 89, Subchapter BB, of this title (relating to Commissioner's Rules Concerning State Plan for Educating English Language Learners) under the Texas Education Code, §§29.051-29.064.

(2) The English Language Development and Acquisition (ELDA) course will validate a student's native language and culture as a valuable resource and as a foundation to attain the English language. It will develop social language, survival vocabulary, and the basic building blocks of literacy for newly arrived and preliterate students.

(3) Through comprehensible input, students have access to curriculum that accelerates second language acquisition. Students are challenged to apply higher-order thinking skills in all four language domains.

(4) Current research stresses the importance of effectively integrating second language acquisition with quality content area education in order to ensure that English language learners acquire social and academic language proficiency in English, learn the knowledge and skills, and reach their full academic potential. Instruction must be linguistically accommodated in accordance with the English Language Proficiency Standards (ELPS) and the student's English language proficiency levels to ensure the mastery of knowledge and skills in the required curriculum is accessible. For a further understanding of second language acquisition needs, refer to the ELPS and proficiency-level descriptors adopted in Chapter 74, Subchapter A, of this title (relating to Required Curriculum).

(5) The development of communicative competence occurs through targeted lessons based on students' needs, although academic language proficiency is the focus of instruction.

(6) 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) Developing and sustaining foundational language skills: listening, speaking, discussion, and thinking--oral language. Students develop oral language and word structure knowledge through phonological awareness, print concepts, phonics, and morphology to communicate, decode, and encode. Students apply knowledge and relationships found in the structures, origins, and contextual meanings of words. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) distinguish and produce sounds and intonation patterns of English;

(B) recognize print directionality of the English language such as reading left to right or top to bottom;

(C) develop knowledge of relationships between sounds and letters of the English language to represent sounds when writing in English;

(D) process and use basic academic English language interdisciplinary vocabulary;

(E) understand the general meaning, main points, and important details of spoken language ranging from universally familiar to unfamiliar topics;

(F) identify people, places, objects, events, and basic concepts such as numbers, days of the week, food, occupations, clothing, colors, and time;

(G) learn relationships between sounds and letters of the English language and decode (sound out) words using a combination of skills such as recognizing sound-letter relationships and identifying cognates, affixes, roots, and base words;

(H) identify and use words that name actions, directions, positions, sequences, and locations;

(I) develop basic sight vocabulary, derive meaning from environmental print, and comprehend English vocabulary and language structures used routinely;

(J) use print or digital resources such as glossaries, English dictionaries, bilingual dictionaries, thesauri, and available technology to determine meanings and usage;

(K) listen actively and ask relevant questions to clarify understanding; and

(L) share prior knowledge with peers and others to facilitate communication and foster respect for others.

(2) Comprehension skills: listening, speaking, reading, writing, and thinking using multiple texts. Students use metacognitive skills both develop and deepen comprehension of increasingly complex texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) summarize texts and retell in English or the native language (L1) as needed;

(B) self-monitor using pre-reading supports such as graphic organizers, illustrations, and pre-taught topic-related vocabulary to enhance comprehension of input from various sources;

(C) demonstrate comprehension of English by participating in shared reading, responding to questions, and taking notes that are commensurate with language acquisition;

(D) make connections to personal experiences, ideas in other texts, and the larger community;

(E) listen to and derive meaning from a variety of media such as video, DVD, CD, or other technology to build and reinforce concepts and language; and

(F) make inferences and use evidence to support understanding.

(3) Response skills: listening, speaking, reading, writing, and thinking using multiple texts. Students react and respond to a variety of sources that are read, heard, or viewed. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) formulate and provide effective verbal and non-verbal feedback;

(B) speak using a variety of increasingly complex grammatical structures, sentence lengths, sentence types, and connecting words with increasing accuracy and ease as more English is acquired;

(C) ask for and give information such as directions, address, name, age, and nationality;

(D) express ideas and feelings such as gratitude, needs, opinion, and greetings;

(E) communicate non-verbally to effectively and appropriately engage in formal and social interactions;

(F) express opinions, ideas, and feelings ranging from communicating single words and short phrases to participating in short discussions;

(G) respond orally to information presented in a wide variety of print, electronic, audio, and visual media to reinforce concept and language attainment; and

(H) organize information in a variety of ways such as graphics, conceptual maps, and learning logs.

(4) Multiple genres: listening, speaking, reading, writing, and thinking using multiple texts. Students recognize and analyze genre-specific characteristics, structures, and purposes within and across increasingly complex traditional, contemporary, classical, and diverse multicultural texts. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) compare characteristics of cultures represented in various linguistic and non-linguistic sources;

(B) read and listen to adapted or linguistically accommodated modified classical, traditional, contemporary, and multicultural works in English or native language (L1) in alignment with grade-level student expectations;

(C) use text features, including titles, headings, subheadings, paragraphs, fonts, styles, index, glossary, table of contents, and graphics to locate, explain, or use information; and

(D) compare and contrast how events are presented and information is communicated by visual images such as graphic art, illustrations, or photographs versus non-visual text.

(5) Author's purpose and craft: listening, speaking, reading, writing, and thinking using multiple texts. Students use critical inquiry to analyze the purpose of authors' choices and how they influence and communicate meaning within a text. Students will analyze and apply author's craft purposefully in order to develop their own products and performances. Based on the student's proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) determine and interpret an author's or speaker's intended message;

(B) determine the target audience; and

(C) determine the purpose of the message.

(6) Composition: listening, speaking, reading writing, and thinking using multiple texts. Students use the modes of writing/discourse and the writing process recursively to compose multiple texts that are meaningful and legible and use appropriate conventions. Based on the student's proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) produce legible work that demonstrates increasing accuracy in the use of the English alphabet, spelling, and the correct use of the conventions of punctuation and capitalization;

(B) spell familiar words with increasing accuracy and employ English spelling patterns and rules with increasing accuracy as more English is acquired;

(C) demonstrate increasing control over grammatical elements such as subject-verb agreement, pronoun agreement, and verb forms;

(D) use prewriting strategies to generate ideas, develop voice, and plan;

(E) write effectively in first person;

(F) apply oral and written conventions in English with increasing fluency during classroom presentations, compositions, and dialogue;

(G) arrange phrases, clauses, and sentences into correct and meaningful patterns;

(H) compile written ideas to form complete sentences and paragraphs;

(I) organize and convert information into different forms such as charts, graphs, and drawings;

(J) convey intended meaning while recognizing the meanings and uses of the other registers in English that are often expressed through colloquialisms, idioms, and other language forms;

(K) create, revise, edit, and publish using various technology applications;

(L) use study tools, including writing, labeling, and sketching, to clarify and remember information;

(M) evaluate writing for both mechanics and content; and

(N) use cohesive devices with increasing accuracy.

(7) Inquiry and research: listening, speaking, reading, writing, and thinking using multiple texts. Students engage in both short-term and sustained recursive inquiry processes for a variety of purposes. Based on the student's language proficiency level, and with appropriately provided English language development scaffolding, the student is expected to:

(A) locate appropriate print and non-print information using texts and technical resources, periodicals, and the internet;

(B) compile information using available technology;

(C) discover, organize, and support in writing what is known and what needs to be learned about a topic; and

(D) compare and contrast coverage of the same event in various media such as newspapers, television, documentaries, blogs, and the internet.

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 October 23, 2017.

TRD-201704280

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: November 12, 2017

Proposal publication date: May 19, 2017

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


CHAPTER 129. STUDENT ATTENDANCE

SUBCHAPTER AA. COMMISSIONER'S RULES

19 TAC §129.1025

The Texas Education Agency (TEA) adopts an amendment to §129.1025, concerning student attendance accounting. The amendment is adopted without changes to the proposed text as published in the August 25, 2017, issue of the Texas Register (42 TexReg 4224) and will not be republished. The amendment adopts by reference the 2017-2018 Student Attendance Accounting Handbook. Although the text of §129.1025 did not change since published as proposed, minor changes to the handbook adopted by reference were made in response to public comment.

REASONED JUSTIFICATION. The TEA has adopted its student attendance accounting handbook in rule since 2000. Attendance accounting evolves from year to year, so the intention is to annually update 19 TAC §129.1025 to refer to the most recently published student attendance accounting handbook.

Each annual student attendance accounting handbook provides school districts and charter schools with the Foundation School Program (FSP) eligibility requirements of all students, prescribes the minimum requirements of all student attendance accounting systems, lists the documentation requirements for attendance audit purposes, and details the responsibilities of all district personnel involved in student attendance accounting. The TEA distributes FSP resources under the procedures specified in each current student attendance accounting handbook. The final version of the student attendance accounting handbook is published on the TEA website. A supplement, if necessary, is also published on the TEA website.

The amendment to 19 TAC §129.1025 adopts by reference the student attendance accounting handbook for the 2017-2018 school year. Some of the changes included in the adopted handbook incorporate legislation resulting from the 85th Texas Legislature, Regular Session, 2017. However, some legislative changes are not included in the adopted handbook because they are not effective until the 2018-2019 school year. Those changes will be included in the 2018-2019 Student Attendance Accounting Handbook.

Significant changes to the 2017-2018 Student Attendance Accounting Handbook from the 2016-2017 Student Attendance Accounting Handbook include the following.

Section 3, General Attendance Requirements

Texas Education Code (TEC), §25.081, and Chapter 42, specifically §42.005, establish the general parameters for attendance and school operation in §42.004. The following changes implement reporting requirements for attendance and funding.

Language was added stating that to be eligible for funding for work-based learning opportunities, a student must participate in the work-based learning opportunity for at least two hours (half-day attendance) or at least four hours (full-day attendance). Work-based learning opportunities include internships, externships, apprenticeships, mentorships, etc. (This is not an exhaustive list of work-based learning opportunities.)

A chart was added to specify that the following activities are eligible for funding under the 2-through-4 hour rule: instruction, in-class breakfast, recess, work-based learner, and study program for state assessments (if the student has met all graduation requirements). The list of ineligible activities includes study hall, sign ins, and repeated courses (if a student has already received credit for that course). In response to public comment, the term "in-class meal" was changed to "in-class breakfast."

A requirement was added that districts can code students who meet all of the criteria listed in Section 3.3.1 of the handbook as immigrants and that once a student has been in U.S. schools for more than three full academic years, the immigrant indicator code should be removed.

A note was added in the section on compulsory attendance that a child engages in truant conduct if the child is required to attend school under the TEC, §25.085, and fails to attend school on 10 or more days or parts of days within a six-month period in the same school year.

Language was added specifying that attendance must not be taken by students or classroom aides and clerks who do not meet the requirements of a highly qualified paraprofessional.

Language was added to allow a student to be considered present for FSP funding if the student is participating in an off-campus work-based learning opportunity and is not scheduled to be on campus during any part of the school day. The language also states that a student who is participating in an off-campus work-based learning opportunity and is scheduled to be on campus during any part of the school day should have his or her attendance recorded while on campus.

Language was added to specify that paraprofessionals who take attendance must meet the requirements of a highly qualified paraprofessional.

Language was added to state that the school nurse will not count for FSP funding as a health care professional appointment.

Language was added to state that a student who is 17 years of age or older may be considered present for FSP funding if the student is absent to pursue enlistment in a branch of the armed services of the United States or the National Guard. Language states that the district (1) must not excuse for this purpose more than 4 days of school during the period the student is enrolled in high school; and (2) must adopt a policy stating when an absence will be excused for this purpose and a policy that verifies the student's activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard.

Clarification was added that days of instruction are the number of days that satisfy the instructional time requirements established under the student attendance accounting handbook that are required by a district or charter school to accumulate 75,600 minutes of operation in a school year.

Language was added stating that a school district may not provide student instruction on Memorial Day.

Language stating that a student who is served through the general education homebound (GEH) program retains the same average daily attendance (ADA) eligibility code he or she had before receiving GEH services, regardless of how many hours the student will be served through the GEH program, was deleted.

Section 4, Special Education

TEC, Chapter 42, specifically §42.151, authorizes funding for special education in certain circumstances. TEC, §42.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. The following changes implement reporting for special education to account for attendance and funding.

Language was added stating that upon completion of a full individual and initial evaluation of a student, an Admission, Review, and Dismissal (ARD) committee meets and develops the student's individualized education program (IEP) that includes the appropriate educational placement for implementing the student's IEP.

Language was added to state that the ARD committee determines the date that services will begin (the effective date) and the duration of the services and records this information in the IEP.

Language was added to specify that when a student moves from one district to another within the state in the same school year and either the parents verify that the student was receiving special education services in the previous district or the previous district verifies in writing or by telephone that the student was receiving special education services, a district must meet the requirements of 34 Code of Federal Regulations (CFR) §300.323(a) and (e) regarding the provision of special education services.

Language stating that a student aged 6 years or older who is served in the special education homebound instructional setting retains the same ADA eligibility code he or she had before receiving homebound services, regardless of how many hours the student will be served in the homebound instructional setting, was deleted.

Additional language was added in the chart for preschool programs for children with disabilities and homebound services.

Language was added specifying that, to claim special education contact hours, a student must be employed (paid or unpaid full- or part-time), receiving special education services as required in the IEP, and coded a Vocational Adjustment Class (VAC) (08).

Language was added to state that for students currently residing in a hospital, residential facility, or state supported living center, the instructional arrangement coding for an adult student who resides in a residential facility can be interchanged with the word "parent."

Language relating to teachers providing instruction in mainstream settings was added to state that if certified special education personnel are only monitoring student progress, mainstream special education funding must not be generated. The adopted new language specifies that in order to report this instructional arrangement, the district should document the details of the specially designed instruction that is being provided in the student's IEP.

Language stating that sheltered workshops should be included in the residential care and treatment facility community class and off home campus community class was deleted.

Language for indicator code 1 - speech therapy was revised.

An example was added to Code 8 - VAC and Codes 91-98 - Off Home Campus.

Section 5, Career and Technical Education (CTE)

TEC, Chapter 42, including §42.154, authorizes funding for career and technical education (CTE) in certain circumstances. TEC, Chapter 29, Subchapter F, establishes general parameters for CTE programs. TEC, §42.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. The following changes implement reporting for CTE to account for attendance and funding.

Additional language was added to state that teachers with less than a bachelor's degree are not eligible to teach CTE courses that meet graduation requirements for English language arts and reading, science, mathematics, or fine arts. The language also notes that certain teacher assignments may require an industry license that is regulated outside of the TEA.

Language was added stating that with the approval of the local board of trustees, school districts and charter schools may offer any state-approved innovative course for state elective credit. The language specifies that no application is required for a district or charter school to offer an approved innovative course but, if a district wishes to submit a new innovative course, the district must follow the process for applying to the TEA for approval to offer the new innovative course.

Language was revised to include Project-Based Research, Principles of Applied Engineering, Principles of Transportation Systems, and Health Science Theory/Health Science Clinical as CTE courses.

Language was added to state that an 8th grade student who is not enrolled in a Career and Technical Education for the Disabled (CTED) course but who is enrolled in a Principles of Law, Public Safety, Corrections, and Security course is not eligible to generate contact hour funding. The language specifies that only students in Grades 9-12 are eligible for CTE contact hours, except for students in Grades 7 and 8 who are eligible for and enrolled in CTED courses.

Section 6, Bilingual/English as a Second Language (ESL)

TEC, §42.153, authorizes funding for bilingual or special language programs in certain circumstances. TEC, Chapter 29, Subchapter B, establishes general parameters for bilingual and special language programs. TEC, §42.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. The following change implements reporting for bilingual and special language programs to account for attendance and funding.

The chart for the exit criteria for the English language learner was updated.

Section 7, Prekindergarten (PK)

TEC, Chapter 29, Subchapter E, establishes special general parameters for pre-kindergarten (PK) programs. TEC, Chapter 42, including §42.005, establishes average daily attendance (ADA) requirements and authorizes funding for certain circumstances. TEC, §42.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. The following changes implement reporting for PK to account for attendance and funding.

Additional language was added stating that a district must verify a student's eligibility for PK in order to receive funding in the PK program. Districts are required to have the verification document on file for their records.

Language was revised to state that if a student qualifies for PK on the basis of being limited English proficient (LEP) but is not receiving required services through the bilingual/ESL program because of a parental denial, the student remains eligible for PK if the student enrolls in a new district provided that the documentation described in Section 7.2.2.1 of the handbook is made available to the new district.

Section 9, Pregnancy-Related Services (PRS)

TEC, Chapter 42, including §42.152, authorizes funding for students who are pregnant under certain circumstances. TEC, §42.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. The following changes implement reporting for pregnancy-related services (PRS) to account for attendance and funding.

Language was revised to state that a district receives 2.41 PRS weighted funding while PRS, consisting of support services and compensatory education home instruction (CEHI), are being provided to the student.

Language was added specifying that remote instruction for the PRS program means that CEHI is provided to a student through a technology that allows for real-time, two-way interaction between a student and teacher who are in different physical locations.

Language was updated to state that The Life Skills Program for Student Parents (previously called the Pregnancy Education and Parenting (PEP) Program) will not be funded for the 2017-2018 school year.

Language was added to allow a district to apply for a waiver to provide CEHI on campus in a small group of four or less students when a student in postpartum recovery is transitioning back to school in accordance with the terms of the approved waiver.

Language stating that a student who is provided CEHI services retains the same ADA eligibility code she had before receiving CEHI services, regardless of how many hours she will receive CEHI, was deleted.

Language stating that a student who is provided special education services and PRS during confinement retains the same ADA eligibility code she had before receiving the services, regardless of how many hours the student will be provided the services, was deleted.

Language was added to specify that when a student is enrolled in the PRS program, districts should inform the student of the services that are offered and the options that are available, such as the CEHI break in service option, in order to support quality district and student service planning.

Section 12, Virtual, Remote, and Electronic Instruction

TEC, Chapter 30A, establishes the general parameters for the Texas Virtual School Network (TxVSN). TEC, §30A.153, authorizes funding for the TxVSN for the FSP under certain circumstances. TEC, §42.004, authorizes the commissioner to adopt reports that may be necessary to implement and administer the FSP. The following change implements reporting for the TxVSN to account for attendance and funding.

Language was added stating that each TxVSN course is considered to be 55 minutes of daily classroom instruction for purposes of the 2-through-4-hour rule.

Section 13, Appendix: Average Daily Attendance (ADA) and Funding

In response to public comment, the definition of School Day was clarified in relation to charter schools.

Section 14, Glossary

Definitions were updated to reflect changes made throughout the handbook.

The definition of career cluster was revised to include a new hyperlink to the TEA website.

A definition for work-based learner was added.

A definition for days of instruction was added.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began August 25, 2017, and ended September 25, 2017. Following is a summary of the public comments received and corresponding agency responses.

Comment: Texas Charter Schools Association (TCSA) commented that in the Statutory Authority section of the proposed amendment, the TEA incorrectly stated that the TEC, §25.0812, which prohibits school districts from scheduling the last day of school for students before May 15, applies to charter schools.

Agency Response: The agency agrees and has modified the Statutory Authority section to be consistent with the TEC, §25.0812.

Comment: TCSA commented that House Bill (HB) 2442, 85th Texas Legislature, Regular Session, 2017, changed the term "minutes of instruction" to "minutes of operation" but that the 2017-2018 Student Attendance Accounting Handbook does not use these two terms consistently when referencing the 75,600 minutes requirement. TCSA recommended that the handbook be amended to consistently reference 75,600 "minutes of operation."

Agency Response: The agency disagrees. The terminology change from "minutes of instruction" to "minutes of operation" is not effective until the 2018-2019 school year. As TEA plans to fully implement the requirements from the 85th Texas Legislature, the 2018-2019 Student Attendance Accounting Handbook will be modified to reflect the legislative changes that take effect in the 2018-2019 school year.

Comment: TCSA commented that although charter schools are required to provide 75,600 minutes of operation for funding purposes, they are not required to provide 75,600 minutes of operation for calendar purposes. TCSA requested that language be added to the definition of School Day in Section 13, Appendix: Average Daily Attendance (ADA) and Funding to clarify that to receive full ADA funding, charter schools are required to have 75,600 minutes in the school year minus the number of minutes that are approved for waivers.

Agency Response: The agency agrees that clarification is needed and has modified the definition of School Day in Section 13 at adoption.

Comment: TCSA commented that while the handbook indicates that a school operating an alternative education program (AEP) is eligible to receive full ADA if the district or charter school provides at least 43,200 minutes of instruction, it does not address minute requirements or waivers for other unique programs. TCSA stated that the June 27, 2017, To The Administrator Addressed (TAA) letter indicates that schools operating programs such as a dropout recovery campus, a day treatment facility, a residential treatment facility, a psychiatric hospital, a school program offered at a correctional facility, an AEP, a disciplinary alternative education program (DAEP), and a school operating under TEC, §29.259, will receive full ADA funding as long as the school complies with the "four-hour instruction rule." TCSA stated that the TAA letter goes on to say schools offering these programs do not need to submit a waiver and a school will automatically receive a waiver from the 75,600 minutes of operation requirement. TCSA requested that for clarity and consistency, the TEA include language in the 2017-2018 Student Attendance Accounting Handbook addressing the automatic waiver for school district and charter school programs serving students in all AEPs as well as hospitals, treatment centers, correctional facilities, and adult education programs under the TEC, §29.259.

Agency Response: The agency disagrees. For the 2017-2018 school year, waivers for dropout recovery campuses, day treatment facilities, residential treatment facilities, psychiatric hospitals, school programs offered at correctional facilities, AEPs, DAEPs, and schools operating under the TEC, §29.259, are one-time, automatic waivers, and since there is not an application or approval process, the information does not need to be included in the 2017-2018 Student Attendance Accounting Handbook. The TAA letter dated June 27, 2017, is the official guidance for granting the one-time, automatic waivers.

Comment: TCSA commented that the handbook does not address automatic waivers for charter schools operating prior to January 1, 2015. TCSA stated that HB 2442, 85th Texas Legislature, Regular Session, 2017, allows charter schools operating prior to January 1, 2015, and campus or site expansions approved by the commissioner after January 1, 2015, to receive full ADA funding as calculated prior to January 1, 2015. TCSA recognized that HB 2442 will not be effective until the 2018-2019 school year but stated that according to the TAA letter regarding Minutes of Operation-Updates to HB 2442, charter schools will receive full funding if "they report 180 days of attendance and comply with the four-hour instruction rule." TCSA requested that the TEA include the automatic waiver language, as well as the option to provide 180 days with the four-hour instructional rule, in the 2017-2018 Student Attendance Accounting Handbook for charter schools operating prior to January 1, 2015, including any expansions approved after January 1, 2015.

Agency Response: The agency disagrees. The waivers for the 2017-2018 school year are one-time, automatic waivers granted to districts and charter schools, and since there is not an application or approval process, the information does not need to be included in the 2017-2018 Student Attendance Accounting Handbook. Since the waiver will be applicable in the 2018-2019 school year, the 2018-2019 Student Attendance Accounting Handbook will reflect that legislative change.

Comment: TCSA recognized the efforts of TEA in addressing the disruptive impact that Hurricane Harvey had on over 1.4 million schoolchildren in Texas. TCSA recommended that an additional section specifically dedicated to attendance, bad weather days, and funding as it relates to Hurricane Harvey be added to the handbook.

Agency Response: The agency disagrees. Guidance for unforeseen calamities will be addressed as those situations occur and will not be included in the 2017-2018 Student Attendance Accounting Handbook. The TAA letters related to Hurricane Harvey are the official guidance for districts and charter schools impacted by the hurricane.

Comment: A school district employee requested clarification regarding whether the 2-through-4-hour rule includes "in-class meals" as referenced throughout the 2017-2018 Student Attendance Accounting Handbook or "in-class breakfast" as referenced in previously published handbooks.

Agency Response: The agency provides the following clarification. The terminology should be "in-class breakfast" as published in previous versions of the handbook. The terminology in Section 3 was modified at adoption to include "in-class breakfast" as part of the 2-through-4-hour rule.

STATUTORY AUTHORITY. The amendment is adopted under the Texas Education Code (TEC), §7.055(b)(35), which states that the commissioner shall perform duties in connection with the Foundation School Program (FSP) as prescribed by the TEC, Chapter 42; TEC, §25.081, as amended by House Bill (HB) 441 and HB 2442, 85th Texas Legislature, Regular Session, 2017, which states that for each school year, each school district must operate so that the district provides for at least 75,600 minutes, including time allocated for instruction, intermissions, and recesses, for students. TEC, §25.081(d), authorizes the commissioner to adopt rules to implement the section. TEC, §25.081(f), states that a school district may not provide student instruction on Memorial Day but that if a school district would be required to provide student instruction on Memorial Day to compensate for minutes of instruction lost because of school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity, the commissioner shall approve the instruction of students for fewer than the number of minutes required under TEC, §25.081(a); TEC, §25.0812, which states that school districts may not schedule the last day of school for students before May 15; TEC, §25.087, as amended by Senate Bill (SB) 1152, 85th Texas Legislature, Regular Session, 2017, which requires that a school district excuse a student who is 17 years of age or older from attending school to pursue enlistment in a branch of the armed services of the United States or the Texas National Guard, provided that (1) the district may not excuse for this purpose more than four days of school during the period the student is enrolled in high school; and (2) the district verifies the student's activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard. The statute requires each school district to adopt procedures to verify a student's activities as described by TEC, §25.087(b-5); TEC, §30A.153, which states that, subject to the limitation imposed under the TEC, §30A.153(a-1), a school district or open-enrollment charter school in which a student is enrolled is entitled to funding under the TEC, Chapter 42, or in accordance with the terms of a charter granted under the TEC, §12.101, for the student's enrollment in an electronic course offered through the state virtual school network in the same manner that the district or school is entitled to funding for the student's enrollment in courses provided in a traditional classroom setting, provided that the student successfully completes the electronic course; TEC, §42.004, which states that the commissioner, in accordance with the rules of the State Board of Education, shall take such action and require such reports consistent with the TEC, Chapter 42, as may be necessary to implement and administer the FSP; TEC, §42.005, as amended by SB 2084 and HB 2442, 85th Texas Legislature, Regular Session, 2017, which states that average daily attendance is the quotient of the sum of attendance for each day of the minimum number of days of instruction as described under the TEC, §25.081(a), divided by the minimum number of days of instruction; TEC, §42.151, which states that for each student in average daily attendance in a special education program under the TEC, Chapter 29, Subchapter A, in a mainstream instructional arrangement, a school district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by 1.1. For each full-time equivalent student in average daily attendance in a special education program under the TEC, Chapter 29, Subchapter A, in an instructional arrangement other than a mainstream instructional arrangement, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by a weight determined according to its instructional arrangement; TEC, §42.152, which states that for each student who is educationally disadvantaged or who is a student who does not have a disability and resides in a residential placement facility in a district in which the student's parent or legal guardian does not reside, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by 0.2, and by 2.41 for each full-time equivalent student who is in a remedial and support program under the TEC, §29.081, because the student is pregnant; TEC, §42.153, which states that for each student in average daily attendance in a bilingual education or special language program under the TEC, Chapter 29, Subchapter B, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by 0.1; and TEC, §42.154, as amended by SB 22 and HB 3593, 85th Texas Legislature, Regular Session, 2017, which states that for each full-time equivalent student in average daily attendance in an approved career and technology education program in Grades 9-12 or in career and technology education programs for students with disabilities in Grades 7-12, a district is entitled to weighted funding.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code (TEC), §§7.055(b)(35); 25.081, as amended by House Bill (HB) 441 and HB 2442, 85th Texas Legislature, Regular Session, 2017; 25.0812; 25.087, as amended by Senate Bill (SB) 1152, 85th Texas Legislature, Regular Session, 2017; 30A.153; 42.004; 42.005, as amended by Senate Bill (SB) 2084 and HB 2442, 85th Texas Legislature, Regular Session, 2017; 42.151-42.153; and 42.154, as amended by SB 22 and HB 3593, 85th Texas Legislature, Regular Session, 2017.

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 October 23, 2017.

TRD-201704262

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: November 12, 2017

Proposal publication date: August 25, 2017

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