2009-2013 Rule Review Plan for State Board of Education Rules
September 24, 2010
STATE BOARD OF EDUCATION: INFORMATION
SUMMARY: This item outlines the rule review plan for State Board of Education (SBOE) rules during the period of September 2009 through August 2013. Texas Government Code, §2001.039, requires the rule review of existing state agency rules, including SBOE rules. The rule review requirement is designed to ensure that the reason for initially adopting a rule continues to exist.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Senate Bill (SB) 178, 76th Texas Legislature, 1999, amended the Texas Government Code by adding §2001.039, which requires 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."
The 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 with the addition of new rules that took effect subsequent to the adoption of that plan. The 2009-2013 plan is the fourth rule review cycle of SBOE rules.
In accordance with SB 467, 77th Texas Legislature, 2001, the Texas Essential Knowledge and Skills (TEKS) are exempt from the rule review requirement and are not included in the 2009-2013 rule review plan. The TEKS were also exempt from previous rule review plans. 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 the amendments to the TEKS.
The 2009-2013 SBOE rule review plan was approved at the January 2009 SBOE meeting and will appear on an ongoing basis in the information pages of each SBOE agenda. Any necessary modifications to the plan will appear in the information pages of the SBOE agenda along with the ongoing report. In November 2009, the plan was updated to change the dates to begin the review of Chapter 74, Curriculum Requirements; Chapter 89, Adaptations for Special Populations; and Chapter 109, Budgeting, Accounting, and Auditing, to coincide with the 2010 SBOE meeting schedule.
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 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, if any, 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 rule 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 adopts repeal of rule. SBOE authorizes filing of adopted repeal. |
| Texas Register | After the SBOE meeting, staff files adopted repeal (no Notice of Adopted Review required for repeals). |
END OF REPEAL PROCESS |
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Staff Members Responsible:Criss Cloudt, Associate Commissioner
Assessment, Accountability, and Data Quality
Cristina De La Fuente-Valadez, Director
Policy Coordination
Attachments:
I.
2009-2013 Rule Review Plan for State Board of Education RulesII.
Sample Notices of Proposed and Adopted Review