Review of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship
July 22, 2010
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 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship. The rules being reviewed specify requirements for continuing education for school board trustees and nominating trustees for military reservation school districts and Boys Ranch Independent School District (ISD).
STATUTORY AUTHORITY: The statutory authority for the rule review is Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 61, Subchapter A, is Texas Education Code (TEC), §11.159 and §11.352.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 61, Subchapter A, in September 2006, finding that the reasons for initially adopting the rules continue to exist. Section 61.1 was adopted to be effective March 1, 1996, and last amended to be effective May 7, 2003. Section 61.2 was adopted to be effective September 1, 1996.
FUTURE ACTION EXPECTED: The review of 19 TAC Chapter 61, Subchapter A, will be presented to the SBOE for adoption at the September 2010 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The TEC, §11.159, Member Training and Orientation, requires the SBOE to provide a training course for school board trustees. Section 61.1 addresses this statutory requirement. School board trustee training under current SBOE rule includes a local school district orientation session, a basic orientation to the TEC, an annual team-building session with the local school board and the superintendent, and specified hours of continuing education based on identified needs.
The TEC, §11.352, Governance of Special-Purpose District, authorizes the SBOE to appoint a board of three, five, or seven trustees, as determined by the SBOE, for each district established under the TEC, §11.351. Additionally, it authorizes the SBOE to appoint a board of three or five trustees for each military reservation school district. Section 61.2 addresses this statutory requirement. Trustees of the boards of the Fort Sam Houston ISD, Lackland ISD, Randolph Field ISD, and Boys Ranch ISD are appointed by the SBOE in accordance with this rule and statute.
ANTICIPATED REVISIONS TO RULES: Texas Education Agency (TEA) staff anticipate presenting amendments to 19 TAC Chapter 61, Subchapter A, at the September 2010 meeting. The rules would be revised to align with statute, reflect current agency practice regarding the dissemination of information to boards of trustees and the public, specify provisions related to the appointment of trustees to the Boys Ranch ISD, and update a cross reference to statute.
RULE REVIEW: The TEA plans to file the notice of proposed review of 19 TAC Chapter 61, Subchapter A, with the Texas Register following the July 2010 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 61, Subchapter A, continue to exist. The official comment period will begin with publication of the proposed review in the Texas Register.
The filing of the notice of proposed review soliciting comments as to whether the reasons for adoption continue to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: These rules will continue to provide professional development by requiring continuing education activities for school board trustees based on local needs. The rules will also continue to provide assurance of a means for nomination of trustees for military reservation school districts and Boys Ranch ISD.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Raymond F. Glynn, Deputy Commissioner
School District Leadership and Educator Quality
Laura Taylor, Associate Commissioner
Accreditation
Karen Batchelor, Deputy Associate Commissioner
Program Monitoring and Interventions
Attachments:
I. Statutory Citations
II. Text of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship