Adoption of Review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters
(Adoption of Review)
April 20, 2012
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: CONSENT
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 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters. Subchapter A establishes charter application and selection procedures and criteria for charters granted under the Texas Education Code (TEC), Chapter 12, Subchapters D and E; the procedure and content of the annual report on open-enrollment charter governance; and optional provisions for contracting and purchasing. Subchapter B sets forth provisions for adverse action on a home-rule school district charter.
STATUTORY AUTHORITY: The statutory authority for the rule review is Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 100, Subchapter A, is the TEC, §§7.102(c)(9), 12.101, 12.1053, 12.110, 12.111, 12.119, 12.152, and 12.154. The statutory authority for 19 TAC Chapter 100, Subchapter B, is the TEC, §7.102(c)(8) and (9) and §12.028.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 100, Subchapters A and B, in May 2008, finding that the reasons for initially adopting the rules continued to exist. In response to the review, §100.1, Application and Selection Procedures and Criteria, and §100.101, Annual Report on Open-Enrollment Charter Governance, were amended effective December 21, 2008. Subsequent to the review, §100.105, Application to Public Senior College or University Charters and Public Junior College Charters, was amended effective December 13, 2009. The review of 19 TAC Chapter 100, Subchapters A and B, was presented to the Committee on School Initiatives for discussion in January 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The rules in 19 TAC Chapter 100, Subchapter A, address the open-enrollment charter application and selection procedures and criteria, collection of information for the annual report on open-enrollment charter school governance, options for contracting and purchasing, and applicability of open-enrollment charter rules to public senior college or university charters and public junior college charters.
The rule in 19 TAC Chapter 100, Subchapter B, governs adverse action on a home-rule charter district. No home-rule charter districts currently exist, but such a district could be created.
Proposed amendments to 19 TAC §§100.1, 100.101, and 100.105 are presented to the committee for first reading and filing authorization in a separate item on this agenda.
RULE REVIEW: The Texas Education Agency (TEA) filed the notice of proposed review of 19 TAC Chapter 100, Subchapters A and B, with the Texas Register following the January 2012 SBOE meeting. If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the April 2012 SBOE meeting. The notice of adopted review will state that the SBOE finds the reasons for adopting 19 TAC Chapter 100, Subchapters A and B, continue to exist. Any public comments received during the review of 19 TAC Chapter 100, Subchapters A and B, 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: None.
PUBLIC AND STUDENT BENEFIT: The rules in 19 TAC Chapter 100, Subchapters A and B, help to define the processes by which charter schools provide new avenues for local restructuring, flexibility, innovation, and choice options for parents and students.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: Following the January 2012 SBOE meeting, notice of the proposed review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters, 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 April 2012 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: In a separate item on this agenda, the proposed amendments to 19 TAC §§100.1, 100.101, and 100.105 are presented for first reading and filing authorization.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Adopt the review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Lizzette Reynolds, Deputy Commissioner
Policy and Programs
Laura Taylor, Associate Commissioner
Accreditation and School Improvement
Mary Perry, Director
Charter School Administration
Attachments:
I. Statutory Citations
II. Text of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters