SUMMARY: The rule action presented in this item will be filed as proposed with the Texas Register under the commissioner's rulemaking authority. This item proposes amendments to 19 TAC Chapter 97, Planning and Accountability, Subchapter DD, Investigative Reports, Sanctions, and Record Reviews. The proposed amendments would update and clarify procedures for on-site investigations and reports and for accreditation sanctions resulting from such reports. The proposed amendments reflect changes in the Texas Education Code (TEC), Chapter 39, as reflected in House Bill (HB) 3, 81st Texas Legislature, Regular Session, 2009.

STATUTORY AUTHORITY: TEC, §12.104 and §12.1162, and TEC, §§39.058, 39.102, 39.103, 39.104, and 39.152, as amended and renumbered by HB 3, 81st Texas Legislature, 2009.

EARLIEST POSSIBLE DATE OF ADOPTION: November 8, 2010.

PROPOSED EFFECTIVE DATE: December 26, 2010.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: HB 3, 81st Texas Legislature, Regular Session, 2009, enacted numerous changes to the TEC, Chapter 39, and renumbered the chapter, requiring that existing rules be revised and updated.

The rules in 19 TAC Chapter 97, Planning and Accountability, Subchapter DD, Investigative Reports, Sanctions, and Record Reviews, define the procedures for on-site investigations and reports as required by TEC, §39.058, and procedures for accreditation sanctions under TEC, Chapter 39, Subchapter E, resulting from such reports. The rules provide for notice to any person whom the report finds to have committed a violation of law, rule, or policy and provide for an informal review of such findings before they may become final.

The proposed amendments to 19 TAC Chapter 97, Subchapter DD, would update and clarify existing rules in light of HB 3. Specifically, the proposed amendments would establish the following.

Section 97.1031, Preliminary Investigative Report, would be amended to update statutory references in alignment with HB 3. Additionally, language in subsection (b)(3), establishing a specific deadline for requesting an informal review of preliminary investigative findings, would be deleted to provide for individual consideration of an appropriate timeline in alignment with the nature of the findings.

Section 97.1033, Informal Review of Preliminary Investigative Report; Final Investigative Report, would be amended in subsection (b) to provide a minor technical update in alignment with the change made to §97.1031(b)(3).

Section 97.1035, Procedures for Accreditation Sanctions, would be amended to add a reference in subsection (a) to interventions for charter violations under §100.1023. In addition, subsection (d) would be revised to update statutory references in alignment with HB 3.

Section 97.1037, Record Review of Certain Decisions, would be amended to update statutory references in alignment with HB 3. Additionally, subsection (a)(5) would be deleted, as HB 3 added open-enrollment charter schools to the state's financial accountability rating system, which has a statutorily required appeals process.

FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the proposed rule actions. The proposed rule actions would make minor procedural updates and update statutory references in alignment with HB 3, 81st Texas Legislature, Regular Session, 2009. The rule actions would assign no additional fiscal burden beyond what already is imposed by law.

In addition, the TEA has determined that there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT: The proposed amendments to 19 TAC §§97.1031, 97.1033, and 97.1035 would update references and clarify procedures for on-site investigations and reports and for accreditation sanctions resulting from such reports in light of HB 3. The proposed amendment to 19 TAC §97.1037 would continue to ensure that entities are afforded appropriate administrative review of certain accreditation sanctions and would continue to provide agency procedures for the conduct of such reviews.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendments would have no new reporting implications. Changes to current procedures include the removal of a specified timeframe in 19 TAC §97.1031(b)(3) for requesting an informal review of findings to provide for individual consideration of an appropriate timeline. In addition, deletion of 19 TAC §97.1037(a)(5) would remove applicability of the record review requirement to an open-enrollment charter school financial finding in lieu of a financial accountability rating in accordance with HB 3 changes that made the financial accountability rating system, and its specified appeals process, applicable to open-enrollment charter schools.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no new locally maintained paperwork requirements.

PUBLIC COMMENTS: The public comment period on the proposal begins on October 8, 2010, and ends November 8, 2010.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on October 8, 2010.

Staff Members Responsible:

Laura Taylor, Associate Commissioner, Accreditation
Jim Thompson, Senior Counsel, Legal Services

For additional information, email rules@tea.state.tx.us.

Page last modified on 8/26/2011.