January-February 2023 Committee on School Initiatives Item 3
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
February 2, 2023
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 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 Texas Government Code (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.
FUTURE ACTION EXPECTED: The review of 19 TAC Chapter 157, Subchapter A and Subchapter D, will be presented to the SBOE for adoption at the April 2023 board 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.
ANTICIPATED REVISIONS TO RULES: There are no anticipated revisions to the rules in 19 TAC Chapter 157, Subchapter A or Subchapter D.
PUBLIC COMMENTS: The Texas Education Agency (TEA) plans to file the review of 19 TAC Chapter 157, Subchapter A and Subchapter D, with the Texas Register following the February 2023 SBOE meeting. TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 157, Subchapter A and Subchapter D, continue to exist. The public comment period on the proposed rule review begins March 3, 2023, and ends at 5:00 p.m. on April 7, 2023. The SBOE will take registered oral and written comments on this item at the appropriate committee meeting in April 2023 in accordance with the SBOE operating policies and procedures.
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.
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