Approval of 2009-2013 Rule Review Plan for State Board of Education Rules
January 23, 2009
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: This item provides an opportunity for the State Board of Education (SBOE) to approve a rule review plan for SBOE rules during the period of September 2009 through August 2013. Texas Government Code, §2001.039, codifies a rule review of existing state agency rules, including SBOE rules. The rule review requirement in §2001.039 is designed to ensure that the reason for initially adopting a rule continues to exist. There are no changes to the proposed rule review plan since it was presented for discussion in November 2008.
STATUTORY AUTHORITY: Texas Government Code, §2001.039.
PREVIOUS BOARD ACTION: In response to statute, the SBOE conducted reviews of its rules in 1991-1993, 1995-1996, 1997-2001, and 2001-2005 and is in the process of completing the 2005-2009 review of its rules. The proposed 2009-2013 rule review plan for SBOE rules was presented for discussion at the November 2008 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Senate Bill (SB) 178, 76th Texas Legislature, 1999, amended the Texas Government Code by adding §2001.039, which codifies the review of existing state agency rules. The rule review requirement in Texas Government Code, §2001.039, is designed to ensure that "the reason for adopting or readopting the rule continues to exist." In order to implement and comply with the statutory rule review requirements, the SBOE adopted rule review plans for the 2001-2005 cycle and the 2005-2009 cycle.
The proposed 2009-2013 SBOE rule review plan reflected in Attachment I repeats the cycle of review that was conducted during the 2005-2009 SBOE rule review plan with the addition of new rules that took effect subsequent to the adoption of that plan. In accordance with SB 467, 77th Texas Legislature, 2001, and as was the case with previous rule review plans, the Texas Essential Knowledge and Skills (TEKS) are exempt from the rule review requirement and are not included in the proposed 2009-2013 plan. Although the TEKS will not be reviewed as part of the rule review process, the SBOE has begun conducting a comprehensive review of the curriculum content designed to align the adoption of textbook proclamations with amendments to the TEKS.
Status of the 2005-2009 SBOE Rule Review Plan. An ongoing report on the 2005-2009 SBOE rule review plan has been presented in the information pages of each agenda since its approval in 2004. The 2005-2009 reviews generally resulted in changes to some SBOE rules to update and clarify provisions and align the rules with current statute. Chapter 30, Administration, and Chapter 101, Assessment, are the remaining chapters to be reviewed under the current review cycle, which ends August 2009. Separate items in this agenda present the proposed review of Chapter 30 for action and the proposed review of Chapter 101 for discussion. A status report on the 2005-2009 SBOE rule review plan can be found in the information pages of this agenda.
Rule Review Procedures. Secretary of State rules specify the following two-step review process to implement the rule review requirement in the Texas Government Code, §2001.039:
1. a Notice of Proposed Review (Intention to review) that announces a 30-day public comment period for comments on whether the reason for adopting or readopting the rules continues to exist (see example in Attachment II); and
2. a Notice of Adopted Review (Readoption) that summarizes the public comments received in response to the notice of proposed review and provides an agency response to each comment (see examples in Attachment II).
The rule review process for SBOE rules is illustrated in this item using three examples. These examples also present the following points: (1) If no amendments are proposed at first reading to a rule under review, there will be no second reading of the rule; and (2) If amendments are proposed at first reading, only those sections with amendments will be brought back for adoption at second reading. Additional amendments at second reading to sections that were not proposed to be amended at first reading will require a separate amendment process for those sections.
Example 1. Rule Review with No Changes
July
SBOE
Meeting | SBOE Committee
(discussion) | Discussion item that briefly describes the rule, outlines issues to be considered, and specifies that no changes are being recommended. |
| Texas
Register | After the SBOE meeting, staff files Notice of Proposed Review (see Attachment II). |
September SBOE
Meeting | SBOE Committee and
Full SBOE | Action item that presents comments received from Notice of Proposed Review and provides the SBOE the opportunity to propose any amendments to the rule. The SBOE authorizes filing of a Notice of Adopted Review, noting that no changes are being proposed to the rules as a result of the review. |
| Texas Register | After the SBOE meeting, staff files Notice of Adopted Review that states the rule will continue to exist without changes (see Attachment II). |
END OF REVIEW PROCESS
(no item at November SBOE Meeting) |
Example 2. Rule Review with Changes
July
SBOE
Meeting | SBOE Committee
(discussion) | Discussion item that briefly describes the rule, outlines issues to be considered, and specifies the changes being recommended. |
| Texas
Register | After the SBOE meeting, staff files Notice of Proposed Review (see Attachment II). |
September SBOE
Meeting | SBOE Committee and
Full SBOE(first reading) | Action item that presents comments received from notice of proposed review and provides the SBOE the opportunity to propose amendments. SBOE authorizes filing of a Notice of Adopted Review and approves filing of proposed amendments. |
| Texas Register | After the SBOE meeting, staff files proposed amendments and a Notice of Adopted Review that states the rule will continue to exist with changes (see Attachment II). |
END OF REVIEW PROCESS |
November SBOE
Meeting | SBOE Committee and
Full SBOE(second reading) | Action item that presents the proposed amendments for final adoption. (NOTE: Additional amendments at second reading to sections that were not proposed to be amended at first reading will require a separate amendment process for those sections.) |
| Texas Register | After the SBOE meeting, staff files adopted amendments. |
| END OF AMENDMENT PROCESS |
Example 3. Repeal of Rule under Review
July
SBOE
Meeting | SBOE Committee
(first reading) | Action item that proposes repeal of rule. SBOE authorizes filing of proposed repeal. |
| Texas
Register | After the SBOE meeting, staff files proposed repeal
(no Notice of Proposed Review required for repeals). |
September SBOE
Meeting | SBOE Committee
and Full SBOE(second reading) | Action item that presents comments received from Notice of Proposed Review and provides the SBOE the opportunity to propose any amendments to the rule. The SBOE authorizes filing of a Notice of Adopted Review, noting that no changes are being proposed to the rules as a result of the review. |
| Texas Register | Action item that adopts repeal of rule. SBOE authorizes filing of adopted repeal. |
END OF REPEAL PROCESS |
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: The ongoing rule review process will ensure that SBOE rules remain current and valid and that the reasons for adopting or readopting the rules continue to exist. This process also provides an opportunity for the public to comment on the SBOE rules under review.
PROCEDURAL AND REPORTING IMPLICATIONS: Once approved by the SBOE and filed with the Secretary of State, the rule review plan for SBOE rules will appear on an ongoing basis in the information pages of the SBOE agenda. Any necessary modifications to the plan will appear in the information pages of the SBOE agenda along with the ongoing report. The rule review plan will also be posted on the agency's website.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Approve the proposed 2009-2013 Rule Review Plan for State Board of Education Rules as shown in Attachment I.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Criss Cloudt, Associate Commissioner
Assessment, Accountability, and Data Quality
Cristina De La Fuente-Valadez, Director
Policy Coordination
Attachments:
I. Proposed 2009-2013 Rule Review Plan for State Board of Education Rules
II. Sample Notices of Proposed and Adopted Review