Review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions
November 14, 2012
COMMITTEE ON SCHOOL INITIATIVES: DISCUSSION
STATE BOARD OF EDUCATION: NO 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 review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions. The rule being reviewed establishes the SBOE process for petitioning the adoption of changes to SBOE rules, as required by Texas Government Code, §2001.021.
STATUTORY AUTHORITY: Statutory authority for the rule review is Texas Government Code, §2001.039. Statutory authority for 19 TAC Chapter 30, Subchapter A, is Texas Government Code, §2001.021.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC §30.1, Petition for Adoption of Rule Changes, in January 2009, finding that the reason for initially adopting the rule continued to exist. In response to the review, 19 TAC §30.1 was amended effective April 26, 2009.
FUTURE ACTION EXPECTED: The review of 19 TAC Chapter 30, Subchapter A, will be presented to the SBOE for adoption at the January 2013 board meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Texas Government Code, §2001.021, requires that procedures to petition for the adoption of rule changes be adopted by rule. To comply with statute, the SBOE adopted 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes, effective December 5, 2004. Prior to the adoption of 19 TAC §30.1, procedures to petition for the adoption of changes to SBOE rules were included as part of the SBOE's operating rules. The April 26, 2009, amendment incorporated technical updates and adopted in rule the form used to submit a petition.
Since 19 TAC §30.1 was last reviewed in 2008, four petitions have been presented to the SBOE, two of which were denied. The first denied petition requested a change in passing requirements for a student to be accelerated or earn credit by examination. The second denied petition requested that the agency establish an office to administer the Texas Education Code, §31.151, regarding factual accuracy in textbooks.
The two petitions approved by the SBOE were incorporated into amendments adopted for 19 TAC Chapter 74, Curriculum Requirements, in May 2010. One petition requested physical education credits for graduation/substitution of career and technical education credits. The second petition related to physical education credits for students with disabilities.
ANTICIPATED REVISIONS TO RULES: No changes to the rule in 19 TAC Chapter 30, Subchapter A, are anticipated.
RULE REVIEW: The Texas Education Agency (TEA) plans to file the notice of proposed review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, with the Texas Register following the November 2012 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 30, Subchapter A, continue to exist. The official comment period will begin with publication of the notice of proposed review of 19 TAC Chapter 30, Subchapter A, in the Texas Register.
The filing of the notice of proposed review soliciting comments as to whether the reason for adoption continues 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 rule in 19 TAC Chapter 30, Subchapter A, codifies into the Texas Administrative Code the SBOE's procedure for interested persons to petition to adopt SBOE rule changes as required in statute.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: The review of 19 TAC Chapter 30, Administration, Subchapter B, State Board of Education: Purchasing and Contracts, is presented as a separate item in this agenda for discussion by the Committee on School Finance/Permanent School Fund.
Respectfully submitted,
Michael L. Williams
Commissioner of Education
Staff Member Responsible:
Cristina De La Fuente-Valadez, Director Rulemaking
Attachments:
I. Statutory Citations (PDF, 171KB)
II. Text of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions (PDF, 21KB)
Form: Figure 19 TAC §30.1(a), Petition for Adoption of a Rule (PDF, 18KB)