Proposed Amendments to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools
(Second Reading and Final Adoption)
November 16, 2012
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed amendments to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.1, Application and Selection Procedures and Criteria, §100.101, Annual Report on Open-Enrollment Charter Governance, and §100.105, Application to Public Senior College or University Charters and Public Junior College Charters. The proposed amendments would align State Board of Education (SBOE) rules pertaining to the charter application process with commissioner of education rules, clarify the signatories on the original contract for charter, codify practices adopted through the annual governance report pertaining to which family members of board members and school officers must be disclosed, and expand the provisions that would apply to public senior college or university charters and public junior college charters. No additional changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(9), 12.101, 12.110, 12.119, 12.152, and 12.154.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 100, 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 2013-2014 school year.
PREVIOUS BOARD ACTION: The SBOE last amended 19 TAC §100.1 and §100.101 effective December 21, 2008, and §100.105 effective December 13, 2009. The proposed amendments to 19 TAC Chapter 100, Subchapter A, were approved for first reading and filing authorization at the July 2012 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 100.1 addresses the open-enrollment charter application and selection procedures and criteria. The proposed amendment would align with commissioner rules, specify that the chair of a charter holder must sign the written contract, and make technical edits.
Section 100.101 addresses the collection of information for the annual report on open-enrollment charter school governance. The proposed amendment would specify which family members must be reported and require that information regarding compensation be provided for family members. Technical edits would also be made.
Section 100.105 addresses the applicability of open-enrollment charter rules to public senior college or university charters and public junior college charters. The proposed amendment would expand the provisions that would apply to public senior college or university charters and public junior college charters and make a technical edit.
No additional changes are recommended since approved for first reading.
FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed rule actions. 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 proposed amendments would align SBOE rules with proposed commissioner rules, clarify the signatories on the original contract for charter, and codify practices adopted through the annual governance report pertaining to which family members of board members and school officers must be disclosed.
PROCEDURAL AND REPORTING IMPLICATIONS: The annual governance reporting form will require additional information, and the method of reporting will be web-based rather than paper submission.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Each charter holder will be required to maintain signed and dated copies of annual governance reporting forms for five years.
PUBLIC COMMENTS: Following the July 2012 SBOE meeting, notice of the proposed amendments to 19 TAC Chapter 100, Subchapter A, was filed with the Texas Register initiating the official public comment period. No comments had been received at the time this item was prepared. A summary of any public comments received regarding the proposal will be provided to the SBOE at the November 2012 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption proposed amendments to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.1, Application and Selection Procedures and Criteria, §100.101, Annual Report on Open-Enrollment Charter Governance, and §100.105, Application to Public Senior College or University Charters and Public Junior College Charters.
Respectfully submitted,
Michael L. Williams
Commissioner of Education
Staff Members Responsible:
Laura Taylor, Associate Commissioner
Accreditation and School Improvement
Sally Partridge, Director
School Improvement and Support
Attachments:
I. Statutory Citations (PDF, 314KB)
II. Text of Proposed Amendments to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.1, Application and Selection Procedures and Criteria, §100.101, Annual Report on Open-Enrollment Charter Governance, and §100.105, Application to Public Senior College or University Charters and Public Junior College Charters (PDF, 30KB)