June 2018 Committee on School Initiatives Item 1
Adoption of Review of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship
(Adoption of Review)
June 15, 2018
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: CONSENT
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 61, School Districts, Subchapter A, Board of Trustees Relationship. The rules being reviewed specify requirements for continuing education for school board trustees and nominating trustees for military reservation school districts and Boys Ranch Independent School District (ISD).
STATUTORY AUTHORITY: The statutory authority for the rule review is Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 61, Subchapter A, is Texas Education Code (TEC), §11.159 and §11.352.
Texas Government Code, §2001.039, requires all state agencies to review their rules at least once every four years.
TEC, §11.159, requires the SBOE to provide a training course for school board trustees, including three hours of training every two years on evaluating student academic performance.
TEC, §11.352, authorizes the SBOE to appoint a board of three, five, or seven trustees, as determined by the SBOE, for each district established under the TEC, §11.351. Additionally, it authorizes the SBOE to appoint a board of three or five trustees for each military reservation school district.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 61, Subchapter A, in July 2014, finding that the reasons for initially adopting the rules continued to exist. Following the review, §61.1 was amended effective August 25, 2014, to require coverage of specific topics during local school district orientation and continuing education and clarify the requirements of certain trainings. In addition, the SBOE approved an amendment to §61.1 for second reading and final adoption at its April 2018 meeting. The review of 19 TAC Chapter 61, Subchapter A, was presented for discussion to the Committee on School Initiatives at the April 2018 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The TEC, §11.159, Member Training and Orientation, requires the SBOE to provide a training course for school board trustees. Section 61.1, Continuing Education for School Board Members, addresses this statutory requirement. School board trustee training under current SBOE rule includes a local school district orientation session, a basic orientation to the TEC, an annual team-building session with the local school board and the superintendent, and specified hours of continuing education based on identified needs. At the April 2018 meeting, the SBOE approved for second reading and final adoption an amendment to §61.1 that implements the requirements of Senate Bill 1566, 85th Texas Legislature, Regular Session, 2017.
The TEC, §11.352, Governance of Special-Purpose District, authorizes the SBOE to appoint a board of three, five, or seven trustees, as determined by the SBOE, for each district established under the TEC, §11.351. Additionally, it authorizes the SBOE to appoint a board of three or five trustees for each military reservation school district. Section 61.2, Nomination of Trustees for Military Reservation School Districts and Boys Ranch Independent School District, addresses this statutory requirement. Trustees of the boards of the Fort Sam Houston ISD, Lackland ISD, Randolph Field ISD, and Boys Ranch ISD are appointed by the SBOE in accordance with this rule and statute. Changes are anticipated to §61.2. At a future meeting, staff anticipates presenting a proposed amendment that would reduce the number of nominees required for submission when the commanding officer recommends either the appointment of new or reappointment of existing board members for vacancies that occur.
RULE REVIEW: The Texas Education Agency (TEA) filed the notice of proposed review of 19 TAC Chapter 61, Subchapter A, with the Texas Register following the April 2018 SBOE meeting. If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the June 2018 SBOE meeting. The notice of adopted review will state that the SBOE finds the reasons for adopting 19 TAC Chapter 61, Subchapter A, continue to exist. Any public comments received during the review of 19 TAC Chapter 61, Subchapter A, will also be filed.
The filing of the notice of adopted review stating that the reasons for adoption continue 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: These rules ensure the continued provision of professional development by requiring continuing education activities for school board trustees based on local needs. The rules also ensure the continued provision of a means for nomination of trustees for military reservation school districts and Boys Ranch ISD. The review of 19 TAC Chapter 61, Subchapter A, ensures the rules' necessity and alignment with statute.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: Following the April 2018 SBOE meeting, notice of the proposed review 19 TAC Chapter 61, Subchapter A, was filed with the Texas Register, initiating the public comment period for the review. At the time this item was prepared, no comments had been received. Any public comments received will be provided to the SBOE during the June 2018 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Adopt the review of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship.
Staff Members Responsible:
A.J. Crabill, Deputy Commissioner
Governance
Jeff Cottrill, Director
School Governance
Attachments:
I. Statutory Citations (PDF, 22 KB)
II. Text of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship (PDF, 43 KB)