Review of Proposed Revisions to 19 TAC Chapter 250, Agency Administration
July 23, 2010
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 250, Agency Administration. The proposed revisions would update the rules to reflect current law and the fact that, pursuant to the Texas Education Code (TEC), §21.035, the Texas Education Agency (TEA) provides the SBEC's administrative functions and services, which include purchasing, rulemaking, and contracts.
STATUTORY AUTHORITY: The statutory authority for the proposed revisions to 19 TAC Chapter 250 is the TEC, §§21.035, 21.040(5) and (6), and 21.041(a) and (b)(1), and Texas Government Code, §§572.051, 2155.076, and 2161.003, for Subchapter A; the TEC, §21.041(b)(1), and Texas Government Code, §2001.021, for Subchapter B; the TEC, §21.040(5), and Texas Government Code, §656.048 and §656.102, for Subchapter C; and the TEC, §21.041(b)(1), and Texas Government Code, §2260.052(c), for Subchapter D.
EFFECTIVE DATE: The proposed effective date of the revisions to 19 TAC Chapter 250 would be August 29, 2010.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBEC rules in 19 TAC Chapter 250 are currently organized as follows: Subchapter A, Purchasing; Subchapter B, Rulemaking Procedures; Subchapter C, Training and Education for Employees; and Subchapter D, Negotiation and Mediation Procedures Relating to Certain Contract Disputes. These subchapters provide for rules that establish procedures for various administration functions and services. In addition, §250.20, Petition for Adoption of Rules, provides procedures for interested persons to file a petition seeking to propose an SBEC rule change, as authorized by the Texas Government Code, §2001.021.
The proposed revisions to 19 TAC Chapter 250, shown in Attachment II, would update the rules to reflect current law and applicable administrative rules. The following is a description of the proposed changes.
Subchapter A. Purchasing
In accordance with the TEC, §21.035, the TEA provides SBEC's administrative functions, including purchasing and contracting. The SBEC will rarely, if ever, have a need to engage in purchasing or enter into contracts; however, if circumstances require the SBEC to do so, the proposed revisions to the purchasing and contracting provisions in this subchapter would provide standards and procedures.
Language in 19 TAC §250.1, Historically Underutilized Business (HUB) Program, would be amended to reference applicable current law and the administrative rules of the Comptroller of Public Accounts.
Section 250.2, Ethical Standards, would be repealed since ethical standards for SBEC purchasing are no longer necessary because purchasing is now administered by the TEA. The TEA is subject to the ethical standards contained in the Texas Government Code and the administrative rules of the Comptroller of Public Accounts, the Texas Ethics Commission, and the Texas Facilities Commission.
Current 19 TAC §250.3, Vendor Protest Procedures, would be repealed and replaced by proposed new 19 TAC §250.3, Procedures for Protests, Dispute Resolution, and Appeals Relating to Purchasing and Contract Issues. The current vendor protest procedures would be replaced with the procedures used by the TEA in its own purchasing and contracts and in the purchasing and contracts it provides to the SBOE, which incorporate the Texas Government Code's requirements for purchasing and contract dispute resolution procedures.
Subchapter B. Rulemaking Procedures
Current 19 TAC §250.20, Petition for Adoption of Rules, would be repealed and replaced by proposed new 19 TAC §250.20, Petition for Adoption of Rules or Rule Changes, to update the process for petitioning the SBEC for the adoption, amendment, or repeal of an SBEC rule in the Texas Administrative Code. The TEC, §2001.021, requires that a state agency by rule prescribe the form for a petition and the procedures for its submission, consideration, and disposition. Proposed new §250.20 would provide that a petition be submitted to the TEA. Such petitions were previously to be submitted to the executive director of the SBEC, a position that is no longer authorized by the TEC. The figure in proposed new §250.20(a) would adopt in rule the form to be submitted for such a petition.
Under the new procedure, the TEA would review the petition and make a recommendation within 60 calendar days that rulemaking proceedings be initiated or that the petition be denied. The recommendation would be presented to the SBEC for action on the petition within this time limit if possible, and if not, the TEA would respond to the petitioner within the required 60 calendar days, notifying the petitioner of the date of the SBEC meeting at which the recommendation would be presented to the SBEC for action.
Subchapter C. Training and Education for Employees
Pursuant to the TEC, §21.035, the TEA shall provide the SBEC's administrative functions and services. Since the SBEC no longer has employees, current 19 TAC §§250.30-250.34 would be repealed. Texas Government Code, Chapter 656, Subchapters C and D, provide for training of state employees such as the TEA employees who carry out SBEC's administrative functions. The TEA's operating procedures further provide for TEA employee training standards and procedures.
Subchapter D. Negotiation and Mediation Procedures Relating to Certain Contract Disputes
Pursuant to the TEC, §21.035, the TEA shall provide the SBEC's administrative functions and services. As a result, current 19 TAC §§250.40-250.49 would be repealed and replaced by proposed new §250.3, Procedures for Protests, Dispute Resolution, and Appeals Relating to Purchasing and Contract Issues, since the proposed new rule would apply to purchasing functions. Proposed new §250.3 would incorporate the Texas Government Code's requirements for purchasing and contract dispute resolution procedures.
The chapter title for 19 TAC Chapter 250 would be amended to remove the word "agency" since the SBEC no longer is a separate state agency and the TEA provides the SBEC's administrative functions and services.
SBOE Review of Proposed SBEC Rules
Under TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the proposed rules by a vote of at least two-thirds of the members of the SBOE present and voting.
FISCAL IMPACT: The TEA staff have determined that there are no additional costs to persons or entities required to comply with the rule actions. 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 public and student benefit anticipated as a result of the proposed rule actions would be updated rules reflecting current law and the transfer of all SBEC administrative functions and services to the TEA.
PROCEDURAL AND REPORTING IMPLICATIONS: Proposed new 19 TAC §250.20 would establish in rule the form to be used when an individual elects to petition adoption of SBEC rule changes in the Texas Administrative Code.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The TEA staff have determined that there are no locally maintained paperwork requirements to school districts and educators.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Take no action on the proposed revisions to 19 TAC Chapter 250, Agency Administration.
Commissioner of Education
Staff Members Responsible:
Raymond F. Glynn, Deputy Commissioner
School District Leadership and Educator Quality
Jerel Booker, Associate Commissioner
Educator and Student Policy Initiatives
Karen Loonam, Deputy Associate Commissioner
Educator Certification, Standards, and Investigations
Andrew Allen, Assistant Counsel
Legal Services for Educator Certification, Standards, and Investigations
I. Statutory Citations
II. Text of Proposed Revisions to 19 TAC Chapter 250, Agency Administration