Adoption of the Review of and Proposed Amendments to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship
(Adoption of Review)
(First Reading and Filing Authorization of Amendments)
September 24, 2010
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: 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 adoption of 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). This item also presents proposed amendments to 19 TAC §61.1, Continuing Education for School Board Members, and §61.2, Nomination of Trustees for Military Reservation School Districts.
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.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 61, Subchapter A, 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 TEC, §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 2011-2012 school year.
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. The review of 19 TAC Chapter 61, Subchapter A, was presented for discussion at the July 2010 SBOE 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.
The proposed amendments would revise the rules to better align with statute and current agency practice regarding the dissemination of information to boards of trustees and the public and the appointment of trustees to the Boys Ranch ISD. Specifically, the following changes would be made.
Section 61.1(a) would be revised to reflect that the framework for governance leadership used in structuring continuing education for board members will be posted to the Texas Education Agency (TEA) website rather than mailed to board presidents annually. The requirement of the board president to share the information with other board members and the superintendent would not change. Section 61.1(j) would be revised to align with statute regarding the board meeting at which board training updates must be disseminated and noted in the minutes. In accordance with the TEC, §11.159(b), the amendment would specify that the announcement must be made at the last regular meeting of the board of trustees held during the calendar year. Additionally, technical edits would be made to update a cross reference to statute and correct word usage.
Section 61.2 would be revised to add a new subsection (b) to reflect the process used to nominate for SBOE approval members of the board of trustees for Boys Ranch ISD, a special-purpose district. Subsection (b) would be relettered as subsection (c). The section title would also be amended to reflect the addition of information relating to Boys Ranch ISD. In addition, technical edits would be made to correct word usage.
RULE REVIEW: The TEA filed the notice of proposed review of 19 TAC Chapter 61, Subchapter A, with the Texas Register following the July 2010 SBOE meeting. If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the September 2010 SBOE meeting. The notice of adopted review will state that the SBOE finds the reasons for adopting 19 TAC Chapter 61, Subchapter A, continue to exist. Any comments received during the review of 19 TAC Chapter 61, Subchapter A, will also be filed.
The filing of the notice of adopted review stating that 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: 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 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: The proposed amendment to 19 TAC §61.1 would revise the procedures for dissemination of the framework to be used in structuring continuing education for school board members and the annual public reporting of continuing education completion information for all board members. The proposed amendment to 19 TAC §61.2 would establish the process for nominating trustee candidates for Boys Ranch ISD, including information that must be provided to the TEA for each nominee.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Verification of completion of board member continuing education must continue to be maintained by the participant and participant's school district. Minutes of the board meeting in which continuing education hours obtained by each board member for the past calendar year are announced must also continue to be maintained locally and made available to local media.
PUBLIC COMMENTS: Following the July 2010 SBOE meeting, notice of the proposed review of 19 TAC Chapter 61, Subchapter A, was filed with the Texas Register, initiating the official public comment period for the review. At the time this item was prepared, no comments had been received regarding this review. Any public comments received will be provided to the SBOE during the September 2010 meeting.
The official public comment period on the proposed amendments to 19 TAC Chapter 61, Subchapter A, will begin when the amendments are published as proposed in the Texas Register.
OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Adopt the review of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship; and
Approve the proposed amendments to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, for first reading and filing authorization.
Commissioner of Education
Staff Members Responsible:
Raymond F. Glynn, Deputy Commissioner
School District Leadership and Educator Quality
Laura Taylor, Associate Commissioner
Karen Batchelor, Deputy Associate Commissioner
Program Monitoring and Interventions
I. Statutory Citations
II. Text of Proposed Amendments to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship