Commissioner's Rules
Adopted New 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, Review by State Office of Administrative Hearings: Certain Accreditation Sanctions
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted New 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, Review by State Office of Administrative Hearings: Certain Accreditation Sanctions (PDF)
III. Summary of Public Comments and Agency Responses
SUMMARY:
The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts new 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, Review by State Office of Administrative Hearings; Certain Accreditation Sanctions. The adopted new subchapter establishes provisions relating to the review of certain accreditation sanctions by the State Office of Administrative Hearings (SOAH). The proposal reflects changes required by House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §39.302, as added by HB 1, 79th Texas Legislature, Third Called Session, 2006.
EFFECTIVE DATE:
January 6, 2008.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
HB 1, 79th Texas Legislature, Third Called Session, 2006, requires that an opportunity for challenging the record review of accreditation sanctions be available in specified circumstances and provided by the SOAH. The new 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, Review by State Office of Administrative Hearings: Certain Accreditation Sanctions, establishes new rules to ensure compliance with HB 1, as follows.
New 19 TAC §157.1151, Applicability, establishes that the subchapter is applicable to final orders issued for alternative management, closure of a school district or an open-enrollment charter school, or closure of a campus. The new rule also specifies final orders to which the subchapter does not apply. No changes were made to this section since published as proposed.
New 19 TAC §157.1153, Applicability of Other Law, provides guidance for the applicability of other laws in relation to the conduct of hearings. No changes were made to this section since published as proposed.
New 19 TAC §157.1155, Petition for Review, details the requirements for an entity to file a petition for review. The new rule describes the timelines and required content of the petition for review, including allegations and statement of requested relief. The new rule also addresses failure to comply with petition review requirements and addresses Texas Education Agency (TEA) responsibilities related to the petition. No changes were made to this section since published as proposed.
New 19 TAC §157.1157, Standard of Review, establishes procedures for standards for review by the SOAH in relation to decisions made by the commissioner. The new rule details the reasons that the SOAH could reverse the decision by the commissioner.
In response to public comment, 19 TAC §157.1157(b) was expanded to provide further description of the types of questions that are committed by law to the commissioner's discretion. Additionally, the language of subsection (e) of this section was revised to provide a procedural mechanism for accommodating the statutory authority of the commissioner in the event an error is found in an order under this section, and subsections (f)-(h) were added to supply a process and associated criteria governing remand for further proceedings on questions committed by law to commissioner discretion.
New 19 TAC §157.1159, Scope of Review; Additional Evidence, describes the type of additional evidence that can and cannot be submitted to the administrative law judge in addition to the agency record. No changes were made to this section since published as proposed.
New 19 TAC §157.1161, Components of Agency Record, details the components of what should be included in the agency record of proceedings. These components correspond to provisions specified in new 19 TAC §97.1037, Record Review of Certain Decisions. No changes were made to this section since published as proposed.
New 19 TAC §157.1163, Proceedings Regarding Agency Record, establishes agency procedures for filing the proceedings of the agency record, including timelines and cost. No changes were made to this section since published as proposed.
New 19 TAC §157.1165, Enforcement of Decision Pending Review, provides the procedures for the timely implementation of the commissioner's decision. No changes were made to this section since published as proposed.
New 19 TAC §157.1167, Expedited Review, provides the process for conducting the review in an expedited manner, including timelines for possible pre-hearings, continuances, and dispute resolution. The new rule also requires the administrative law judge to issue a final order no later than the 30th calendar day after the date on which the record is finally closed. No changes were made to this section since published as proposed.
New 19 TAC §157.1169, Conduct of Review During a Ratings Appeal, provides procedures for the commissioner and administrative law judge for the conduct of the review during a ratings appeal under TEC, §39.301, and for submission of documents related to the ratings appeal. No changes were made to this section since published as proposed.
New 19 TAC §157.1171, Final Decision, provides for final resolution of the appeal and states that the decision of the administrative law judge is final and may not be appealed. The rule specifies that an administrative law judge may not change an accreditation status or an academic or a financial accountability rating. No changes were made to this section since published as proposed.
New 19 TAC §157.1173, Application to Charter Schools, provides for the application of new 19 TAC Chapter 157, Subchapter EE, to open-enrollment charter schools. No changes were made to this section since published as proposed.
FISCAL IMPACT:
The adopted rule action adds clarification of law related to HB 1, 79th Texas Legislature, Third Called Session, 2006, requirements. While there is no additional fiscal burden beyond what already is required by law, a district may incur costs if it elects to hire an attorney to represent them in a SOAH proceeding. The TEA may incur costs in contracting with the SOAH for these hearings.
PUBLIC AND STUDENT BENEFIT:
The adopted new rules ensure that entities are afforded appropriate review of certain accreditation sanctions and provide guidelines for the TEA and SOAH for the conduct of such reviews.
PROCEDURAL AND REPORTING IMPLICATIONS:
Districts or open-enrollment charter schools will be required to file a petition for review not later than 30 calendar days after the date the decision complained of is first communicated to the school district or charter school.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
None.
PUBLIC COMMENTS:
The public comment period on the proposal began June 15, 2007, and ended July 15, 2007. The comment period was extended through August 20, 2007. Attachment III reflects a summary of public comments received and corresponding agency responses regarding the proposed new 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, Review by State Office of Administrative Hearings: Certain Accreditation Sanctions.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
David Anderson, General Counsel, Legal Services
Jim Thompson, Senior Counsel, Legal Services
For additional information, email rules@tea.state.tx.us.