Proposed Amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes
(Second Reading and Final Adoption)
March 27, 2009
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption the proposed amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes. The proposed amendment would adopt the petition form in rule as part of the State Board of Education (SBOE) process for petitioning the adoption of changes to SBOE rules. No additional changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Government Code, §2001.021.
EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §30.1 would be 20 days after filing as adopted with the Texas Register in order to implement the latest policy in a timely manner. Under the Texas Education Code, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2009-2010 school year.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC Chapter 30, Subchapter A, to be effective December 5, 2004. The SBOE approved the proposed amendment to 19 TAC §30.1 for first reading and filing authorization at the January 2009 meeting. The SBOE also adopted the review of 19 TAC Chapter 30, Subchapter A, in January 2009.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Texas Government Code, §2001.021, requires that procedures to petition for the adoption of rule changes be adopted by rule. To comply with statute, the SBOE adopted 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes, effective December 5, 2004. Prior to the adoption of 19 TAC §30.1, procedures to petition for the adoption of changes to SBOE rules were included as part of the SBOE's operating rules.
Since the procedures for petitioning for the adoption of rule changes were codified in the Texas Administrative Code, five petitions have been presented to the SBOE, four of which were denied. The denied petitions related to adding computer science as an option for the fourth year of mathematics, adding computer science as an option for the fourth year of science, changing the qualifications for a chief examiner of the General Educational Development test, and including the teaching of personal finance in select high school courses. One petition, which requested that athletics for one to four credits be added to the list of allowable elective credits for graduation, was approved by the SBOE in March 2008, initiating the rulemaking process.
At the advice of Texas Education Agency (TEA) legal counsel, the proposed amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes, would adopt in rule as a figure the form used to petition for the adoption of rule changes to ensure compliance with statute and increase public awareness. The form has been posted on the TEA rules website since initial adoption of 19 TAC §30.1 in December 2004. Technical updates would also be incorporated throughout the rule, including adding new subsection (d) to clarify that the SBOE may propose language that differs from the rule text proposed by the petitioner.
No additional changes are recommended since approved for first reading.
FISCAL IMPACT: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, 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 amendment to 19 TAC §30.1 would help increase public awareness of the SBOE's procedures for petitioning rule changes by adopting in rule the petition form.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would establish in rule the form to be used when an individual elects to petition adoption of SBOE rule changes in the Texas Administrative Code.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: Following the January 2009 SBOE meeting, notice of the proposed amendment to 19 TAC §30.1 was filed with the Texas Register, initiating the official public comment period. No comments had been received at the time this item was prepared. Any public comments received and corresponding agency responses regarding the proposal will be provided to the SBOE during the March 2009 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption the proposed amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes, with an effective date of 20 days after filing as adopted with the Texas Register.
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. Statutory Citations
II. Text of Proposed Amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes