14_07_Proposed Revisions to 19 TAC Chapter 157, Subchapter EE

 

Commissioner's Rules

Proposed Revisions to 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, Review by State Office of Administrative Hearings: Certain Accreditation Sanctions


Attachments:
I. Statutory Citations
II. Text of Proposed Revisions to 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, Review by State Office of Administrative Hearings: Certain Accreditation Sanctions (PDF)


SUMMARY: The rule action presented in this item was filed as proposed with the Texas Register under the commissioner's rulemaking authority. This item proposes revisions to 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, Review by State Office of Administrative Hearings: Certain Accreditation Sanctions. The proposed revisions would modify these rules to increase the efficiency of the processes and to reflect changes in law made by Senate Bill (SB) 2, 83rd Texas Legislature, Regular Session, 2013. The proposed revisions would also transfer and consolidate certain review processes currently found under 19 TAC Chapter 97, Planning and Accountability, Subchapter DD, Investigative Reports, Sanctions, and Record Reviews, and modify these rules to increase the efficiency of the processes and to reflect changes in law made by SB 2, 83rd Texas Legislature, Regular Session, 2013.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§12.104, 12.1141, 12.115, 12.116, 12.1162, 39.058, 39.102, 39.103, 39.104, 39.107, 39.152, and 42.258.

EARLIEST POSSIBLE DATE OF ADOPTION: August 18, 2014.

PROPOSED EFFECTIVE DATE: September 18, 2014.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The rules in 19 TAC Chapter 157, Subchapter EE, adopted effective January 6, 2008, and last amended effective December 22, 2010, implement requirements that an opportunity for challenging the record review of accreditation sanctions be available in specified circumstances and provided by the State Office of Administrative Hearings (SOAH).

The 83rd Texas Legislature, Regular Session, 2013, passed SB 2, effective September 1, 2013. SB 2 made several significant changes to the regulation of charter schools. The proposed revisions to 19 TAC Chapter 157, Subchapter EE, would clarify the procedures to be used when taking action set forth in SB 2.

In addition, the proposed revisions would modify the processes found under the current rules to increase efficiency and effectiveness. The proposed revisions would also transfer and consolidate certain review processes currently found under 19 TAC Chapter 97, Planning and Accountability, Subchapter DD, Investigative Reports, Sanctions, and Record Reviews. The provisions transferred from 19 TAC Chapter 97, Subchapter DD, to 19 TAC Chapter 157, Subchapter EE, would be modified to increase the efficiency of the processes and to reflect changes in law made by SB 2.

The proposed revisions to 19 TAC Chapter 157, Subchapter EE, shown as Attachment II, would organize the rules into separate divisions relating to informal review, formal review, SOAH substantial evidence de novo review, SOAH arbitrary and capricious or clearly erroneous review, and conflicts. In addition, the subchapter title would be revised to read, "Informal Review, Formal Review, and Review by State Office of Administrative Hearings."

FISCAL IMPACT: The Texas Education Agency (TEA) 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 revisions would ensure that school districts and charter schools are provided notice and opportunity to obtain a review of certain reports, assignments, determinations, and decisions. The proposed revisions would also ensure students are provided educational opportunities through public schools that meet minimum standards of academic performance. The proposed revisions would also ensure public funds are protected and used for their designated purpose by school districts and charter schools that meet minimum standards of financial performance.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed revisions would have no procedural or reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed revisions would have no locally maintained paperwork requirements.

PUBLIC COMMENTS: The public comment period on the proposal begins July 18, 2014, and ends August 18, 2014.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A public hearing on the proposed revisions has been scheduled for 9 a.m. to 3 p.m. on Friday, July 25, 2014, in Room 1-111, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Questions about the scheduled public hearing on the proposed revisions to 19 TAC Chapter 157, Hearings and Appeals, Subchapter EE, Review by State Office of Administrative Hearings: Certain Accreditation Sanctions, should be directed to the TEA Division of Legal Services at (512) 463-9720. Public comments on the proposed revisions to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, will also be heard at the July 25, 2014, public hearing.

Staff Member Responsible:
Michael Rigby, Associate Deputy Counsel, Legal Services

 

 

 

Page last modified on 10/29/2014 11:42:18 AM.