November 2016 Committee on School Initiatives Item 12
Review of 19 TAC Chapter 30, Administration,
Subchapter A, State Board of Education: General Provisions
November 17, 2016
COMMITTEE ON SCHOOL INITIATIVES: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions. The rule being reviewed establishes the SBOE process for petitioning the adoption of changes to SBOE rules, as required by Texas Government Code, §2001.021.
STATUTORY AUTHORITY: Statutory authority for the rule review is Texas Government Code, §2001.039. Statutory authority for 19 TAC Chapter 30, Subchapter A, is Texas Government Code, §2001.021.
Texas Government Code, §2001.039, requires a state agency to review and consider for readoption each of its rules.
Texas Government Code, §2001.021, authorizes a state agency to prescribe by rule the form for a petition and the procedure for the submission, consideration, and disposition.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC §30.1, Petition for Adoption of Rule Changes, in January 2013, finding that the reason for initially adopting the rule continued to exist.
FUTURE ACTION EXPECTED: The review of 19 TAC Chapter 30, Subchapter A, will be presented to the SBOE for adoption at the January/February 2017 board meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Texas Government Code, §2001.021, requires that procedures to petition for the adoption of rule changes be adopted by rule. To comply with statute, the SBOE adopted 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes, effective December 5, 2004. Prior to the adoption of 19 TAC §30.1, procedures to petition for the adoption of changes to SBOE rules were included as part of the SBOE's operating rules. Effective April 26, 2009, an amendment adopted in rule the form used to submit a petition.
Since 19 TAC §30.1 was last reviewed in 2012, two petitions have been presented to the SBOE. In 2013, a petitioner requested that a student who is 16 years of age be eligible to take the GED if the student is pregnant or a parent. The petition was denied based on the fact that the TEC, §7.111, establishes eligibility requirements for taking a Texas high school equivalency examination and does not grant the SBOE rulemaking authority to adopt additional bases of eligibility.
The second petition requested that the SBOE modify the amount of credit awarded for the Cosmetology I and II courses that are scheduled to be implemented in the 2017-2018 school year. Consideration of the petition is presented as a separate action item in this agenda.
ANTICIPATED REVISIONS TO RULES: House Bill 763, 84th Texas Legislature, 2015, amended the Texas Government Code, §2001.021, to define the term interested person for the purposes of petitioning a rule change. Texas Education Agency (TEA) staff plans to present an amendment to 19 TAC Chapter 30, Subchapter A, §30.1, Petition for Adoption of Rule Changes, that would update the petition form adopted in rule to require the petitioner to indicate that the petitioner meets one of the four definitions of an interested person specified in statute. The proposed amendment would be presented for first reading and filing authorization at the January/February 2017 board meeting.
RULE REVIEW: The TEA plans to file the notice of proposed review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, with the Texas Register following the November 2016 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 30, Subchapter A, continue to exist. The official comment period will begin with publication of the notice of proposed review of 19 TAC Chapter 30, Subchapter A, in the Texas Register.
The filing of the notice of proposed review soliciting comments as to whether the reason for adoption continues to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: The rule in 19 TAC Chapter 30, Subchapter A, codifies into the Texas Administrative Code the SBOE's procedure for interested persons to petition to adopt SBOE rule changes as required in statute.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: The review of 19 TAC Chapter 30, Administration, Subchapter B, State Board of Education: Purchasing and Contracts, is presented as a separate item in this agenda for discussion by the Committee on School Finance/Permanent School Fund.
Staff Member Responsible:
Cristina De La Fuente-Valadez, Director
Rulemaking
Attachments:
I. Statutory Citations (PDF, 21KB)
II. Text of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions (PDF, 32KB)