April 2023 Committee on School Initiatives Item 1
Adoption of Rule Review of 19 TAC Chapter 157, Hearings and Appeals, Subchapter A, General Provisions for Hearings Before the State Board of Education, and Subchapter D, Independent Hearing Examiners
April 14, 2023
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: Texas Government Code (TGC), §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 adoption of review of 19 Texas Administrative Code (TAC) Chapter 157, Hearings and Appeals, Subchapter A, General Provisions for Hearings Before the State Board of Education, and Subchapter D, Independent Hearing Examiners. Subchapter A establishes the procedures for appeals heard by the SBOE regarding administrative penalties for violations of textbook requirements. Subchapter D sets forth the certification criteria for independent hearing examiners who conduct due process termination, nonrenewal, and suspension without pay hearings at the school district level.
STATUTORY AUTHORITY: The statutory authority for the rule review is TGC, §2001.039. The statutory authority for 19 TAC Chapter 157, Subchapter A, is Texas Education Code (TEC), §31.151 and TGC, §2001.004. The statutory authority for 19 TAC Chapter 157, Subchapter D, is TEC, §21.252.
TGC, §2001.039, requires all state agencies to review their rules at least once every four years.
TEC, §31.151, and TGC, §2001.004, authorize the adoption of procedural rules to govern SBOE administrative penalty hearings involving textbook publishers.
TEC, §21.252, requires the SBOE to establish certification criteria for independent hearing examiners.
The full text of statutory citations can be found in the statutory authority section of this agenda.
PREVIOUS BOARD ACTION: The review of 19 TAC Chapter 157, Subchapter A and Subchapter D, was presented to the Committee on School Initiatives for discussion at the January-February 2023 SBOE meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: Chapter 157, Subchapter A, establishes the procedures for appeals heard by the SBOE regarding administrative penalties for violations of textbook requirements. Subchapter D addresses criteria for the certification of hearing examiners eligible to conduct hearings.
Changes to the rules in 19 TAC Chapter 157 Subchapters A and D, will be presented at the next SBOE meeting in response to the rule review and SBOE members.
If authorized by the SBOE, the Texas Education Agency (TEA) will file the adopted review with the Texas Register stating that the SBOE finds the reasons for adopting 19 TAC Chapter 157, Subchapters A and D, continue to exist. The filing of the 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.
PUBLIC COMMENTS: The TEA filed the notice of proposed review of 19 TAC Chapter 157, Subchapter A and Subchapter D, with the Texas Register following the January-February 2023 SBOE meeting. The public comment period on the proposed review began March 3, 2023, and ended at 5:00 p.m. on April 7, 2023. At the time this item was prepared, no comments had been received regarding this review. Any public comments received will be provided to the SBOE during the April 2023 meeting. The SBOE will take registered oral and written comments on the proposed review at the committee meeting in April 2023 in accordance with the SBOE board policies and procedures.
MOTION TO BE CONSIDERED: The State Board of Education:
Adopt the review of 19 TAC Chapter 157, Hearings and Appeals, Subchapter A, General Provisions for Hearings Before the State Board of Education, and Subchapter D, Independent Hearing Examiners
Staff Member Responsible:
Christopher Maska, Director, Hearing and Appeals, Legal Services
Attachment:
Text of 19 TAC Chapter 157, Hearings and Appeals, Subchapter A, General Provisions for Hearings Before the State Board of Education, and Subchapter D, Independent Hearing Examiners