September 2014 Committee on School Initiatives Item 5
Review of Proposed Amendment to 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes
September 19, 2014
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 amend 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment to 19 TAC §250.20 would clarify references to the Texas Education Agency (TEA) and update the petition form to reflect the name of the office to which the form should be mailed.
STATUTORY AUTHORITY: The statutory authority for 19 TAC §250.20 is the Texas Education Code (TEC), §21.035 and §21.041(b)(1), and the Texas Government Code, §2001.021.
EFFECTIVE DATE: The proposed effective date of proposed new 19 TAC §250.20 would be October 26, 2014.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 250.20, Petition for Adoption of Rules or Rule Changes, provides the process for petitioning the SBEC for the adoption, amendment, or repeal of an SBEC rule in the Texas Administrative Code. The Texas Government Code, §2001.021, requires that a state agency by rule prescribe the form for a petition and the procedures for its submission, consideration, and disposition.
The proposed amendment to 19 TAC §250.20, shown in Attachment II, would update the rule to clarify the TEA as TEA staff. In addition, Figure: 19 TAC §250.20(a) would be updated to reflect the name of the office to which the form should be mailed.
SBOE Review of Proposed SBEC Rules
Under the 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 rule by a vote of at least two-thirds of the members of the SBOE present and voting, but may not modify a rule. The rule takes effect as a rule of the SBEC if the SBOE fails to review the rule contained in this item by September 25, 2014, which is the 90th day after the date the SBOE first received this proposed rule.
FISCAL IMPACT: The TEA staff has determined that there is no fiscal impact on state and local governments and there are no additional costs to persons or entities required to comply with the proposed amendment. 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 public and student benefit anticipated as a result of the proposed amendment to 19 TAC §250.20 would be a concise procedure to petition for adoption of SBEC rules or rule changes.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no additional procedural or reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Take no action on the proposed amendment to 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes.
Staff Members Responsible:
Ryan Franklin, Interim Associate Commissioner
Educator Leadership and Quality
Von Byer, General Counsel
Legal Services
Attachments:
I. Statutory Citations (PDF, 12KB)
II. Text of Proposed Amendment to 19 TAC Chapter 250, Administration, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes (PDF, 19KB)