Review of Proposed Repeal of 19 TAC Chapter 241, Principal Certificate,
§241.35, Assessment Process Definition and Approval of Individual Assessments
May 21, 2010
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action that would repeal 19 TAC Chapter 241, Principal Certificate, §241.35, Assessment Process Definition and Approval of Individual Assessments. The proposed repeal would be necessary as a result of House Bill (HB) 200, 81st Texas Legislature, 2009, which repealed the statutory authority for the principal assessment.
STATUTORY AUTHORITY: The statutory authority for the proposed repeal of 19 TAC §241.35 is the Texas Education Code (TEC), §21.054, as amended by HB 200, 81st Texas Legislature, 2009.
EFFECTIVE DATE: The proposed effective date of the repeal of 19 TAC §241.35 would be June 27, 2010.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 241.35 establishes guidelines for the principal assessment process and the approval of individual assessments currently required.
The SBEC took action at its August 2009 meeting to approve revisions to 19 TAC Chapter 241 for adoption, subject to SBOE review. The revisions included the repeal of 19 TAC §241.35, since the statutory authority for the principal assessment was repealed by HB 200. However, to comply with Texas Register filing requirements, the repeal of §241.35 must be handled through a separate rulemaking process. As a result, the SBEC approved the repeal of §241.35 for filing as proposed at the February 2010 meeting and for adoption, subject to SBOE review, at the April 2010 meeting. This item presents the proposed repeal of §241.35 for SBOE review. Text of the proposed repeal of 19 TAC §241.35 is shown in Attachment II.
SBOE Review of Proposed SBEC Rules
Under TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the proposed rules by a vote of at least two-thirds of the members of the SBOE present and voting.
FISCAL IMPACT: The Texas Education Agency (TEA) staff have determined that there are no additional costs to persons or entities required to comply with the proposed repeal. 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 repeal reflects statutory changes and removes obsolete provisions from rule.
PROCEDURAL AND REPORTING IMPLICATIONS: The TEA staff have determined that there are no procedural and reporting implications to school districts and educators.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The TEA staff have determined that there are no locally maintained paperwork requirements to school districts and educators.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Take no action on the proposed repeal of 19 TAC Chapter 241, Principal Certificate, §241.35, Assessment Process Definition and Approval of Individual Assessments.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Raymond F. Glynn, Deputy Commissioner
School District Leadership and Educator Quality
Jerel Booker, Associate Commissioner
Educator and Student Policy Initiatives
Karen Loonam, Deputy Associate Commissioner
Educator Certification and Standards
Tabita Gutierrez, Acting Director
Educator Credentialing
Attachments:
I. Statutory Citation
II. Text of Proposed Repeal of 19 TAC Chapter 241, Principal Certificate, §241.35, Assessment Process Definition and Approval of Individual Assessments