Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.105, Application to Public Senior College or University Charters (Second Reading and Final Adoption)
November 20, 2009
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed amendment to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.105, Application to Public Senior College or University Charters. The proposed amendment would include public junior colleges as potential charter holders, granted under Texas Education Code (TEC), Chapter 12, Subchapter E, as amended by House Bill (HB) 1423, 81st Texas Legislature, 2009. No additional changes are recommended since approved for first reading.
STATUTORY AUTHORITY: TEC, §12.152 and §12.154.
EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §100.105 is 20 days after filing as adopted with the Texas Register. Under the TEC, §7.102(f), the State Board of Education (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 2010-2011 school year. The earlier effective date is necessary to provide opportunity for public junior colleges to apply for charters as soon as possible and begin operating as early as the 2010-2011 school year.
PREVIOUS BOARD ACTION: Section 100.105 was adopted to be effective October 13, 2002, and last amended to be effective June 6, 2004. The proposed amendment to 19 TAC §100.105 was approved for first reading and filing authorization at the September 2009 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The TEC, Chapter 12, Charters, Subchapter E, College or University Charter School, was added by HB 6, 77th Texas Legislature, 2001, authorizing the SBOE to grant open-enrollment charters to public senior colleges or universities as defined in the TEC, §61.003. HB 6 required that at-risk charters be combined into one category with open-enrollment charters and limited the total number of charters to 215. In addition, HB 6 gave the SBOE authority to grant charters, outside the 215 limit, to public senior colleges or universities that met additional requirements. The SBOE has granted the following three Subchapter E charters under the TEC, §12.152: The University of Texas Elementary Charter School on November 15, 2002; The University of Texas University Charter School on February 27, 2004; and the Stephen F. Austin State University Charter School on January 18, 2008.
HB 1423, 81st Texas Legislature, 2009, amended the TEC, Chapter 12, Subchapter E, to allow public junior colleges to be awarded charters. The proposed amendment to 19 TAC §100.105 would update the rule, including the section title, to incorporate the statutory change.
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 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: Open-enrollment charter schools provide avenues for local restructuring, flexibility, innovation, and choice for parents and students. The open-enrollment charter school system is strengthened by including public junior colleges as active sponsors of charter schools.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: Following the September 2009 SBOE meeting, notice of the proposed amendment 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 and corresponding agency responses regarding the proposal will be provided to the SBOE during the November 2009 meeting.
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 the proposed amendment to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.105, Application to Public Senior College or University Charters, with an effective date of 20 days after filing as adopted with the Texas Register.
Commissioner of Education
Staff Members Responsible: Raymond F. Glynn, Deputy Commissioner
School District Leadership and Educator Quality
Laura Taylor, Associate Commissioner
Mary Perry, Director
Charter School Administration
Attachments: I. Statutory Citations
II. Text of Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, §100.105, Application to Public Senior College or University Charters