Adoption of the Review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, and Proposed Amendment to 19 TAC §30.1, Petition for Adoption of Rule Changes
(Adoption of Review)
(First Reading and Filing Authorization of Amendment)
January 23, 2009
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: 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 adoption of 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. This item also presents the proposed amendment to 19 TAC §30.1, Petition for Adoption of Rule Changes, that would adopt the petition form in rule.
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.
EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §30.1 would be 20 days after filing as adopted with the Texas Register in order to implement the latest policy in a timely manner. Under Texas Education Code, §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 2009-2010 school year.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC Chapter 30, Subchapter A, to be effective December 5, 2004. No amendments have been made to the rule. The review of
19 TAC Chapter 30, Subchapter A, was presented for discussion at the November 2008 SBOE 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.
Since the procedures for petitioning for the adoption of rule changes were codified in the Texas Administrative Code, five petitions have been presented to the SBOE, four of which were denied. The denied petitions related to adding computer science as an option for the fourth year of mathematics, adding computer science as an option for the fourth year of science, changing the qualifications for a chief examiner of the General Educational Development test, and including the teaching of personal finance in select high school courses. One petition, which requested that athletics for one to four credits be added to the list of allowable elective credits for graduation, was approved by the SBOE in March 2008, initiating the rulemaking process.
At the advice of Texas Education Agency (TEA) legal counsel, the proposed amendment 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes, is presented for first reading and filing authorization. The proposed amendment would adopt in rule as a figure the form used to petition for the adoption of rule changes to ensure compliance with statute and increase public awareness. The form has been posted on the TEA rules website since initial adoption of 19 TAC §30.1 in December 2004. Technical updates would also be incorporated throughout the rule, including adding new subsection (d) to clarify that the SBOE may propose language that differs from the petition.
RULE REVIEW: The TEA filed 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 2008 SBOE meeting. If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the January 2009 SBOE meeting. The notice of adopted review will state that the SBOE finds the reason for adopting
19 TAC Chapter 30, Subchapter A, continues to exist. Any public comments received during the review of 19 TAC Chapter 30, Subchapter A, will also be filed.
The filing of the notice of adopted review stating that 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: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. 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 amendment to 19 TAC §30.1, would help increase public awareness of the SBOE's procedures for petitioning rule changes by adopting in rule the petition form.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would establish in rule the form to be used when an individual elects to petition adoption of SBOE rule changes in the Texas Administrative Code.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: Following the November 2008 SBOE meeting, notice of the proposed review of 19 TAC Chapter 30, Subchapter A, 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 January 2009 meeting.
The official public comment period on the proposed amendment to 19 TAC §30.1 will begin when the amendment is published as proposed in the Texas Register.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Adopt the review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions; and
Approved the proposed amendment to 19 TAC §30.1, Petition for Adoption of Rule Changes, for first reading and filing authorization.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Criss Cloudt, Associate Commissioner
Assessment, Accountability, and Data Quality
Cristina De La Fuente-Valadez, Director
Policy Coordination
Attachments:
I. Statutory Citations
II. Text of Proposed Amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes