1. By Texas Administrative Code, all students must take General Music K-5, and demonstrate mastery of the TEKS. They can't opt out of Music 5 in fifth grade. If Band is taught in fifth grade, the TEKS for Music 5 must be included in the curriculum.
2. There are no TEKS for Band until sixth grade, which would be Band, Middle School 1.
This is tougher to do in intermediate 5-6 campuses than in K-5 and 6-8 campuses, but it is the compliant process.