April 2024 Committee on School Initiatives Item 2
Adoption of Rule Review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters
April 12, 2024
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: Texas Government Code (TGC), §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 review of 19 Texas Administrative Code (TAC) Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters. Subchapter A establishes a provision for an SBOE member to be designated as the liaison for charter selection for charters proposed under Texas Education Code (TEC) Chapter 12, Subchapter D; charter selection procedures for charters granted under TEC, Chapter 12, Subchapter D; and provisions for a no-contact requirement. Subchapter B sets forth provisions for adverse action on a home-rule school district charter.
STATUTORY AUTHORITY: The statutory authority for the rule review is TGC, §2001.039. The statutory authority for 19 TAC Chapter 100, Subchapter A, is TEC, §12.101. The statutory authority for 19 TAC Chapter 100, Subchapter B, is TEC, §§7.102(c)(8), 12.028, 12.101(b), and 12.101(b-0).
TGC, §2001.039, requires all state agencies to review their rules at least once every four years.
TEC, §7.102(c)(8), requires the SBOE to adopt a procedure to be used for placing on probation or revoking a home-rule school district charter as required by the TEC, Chapter 12.
TEC, §12.028, requires the SBOE to adopt by rule a procedure to be used for placing on probation or revoking a home-rule school district charter.
TEC, §12.101(b), requires the SBOE chair to designate a board member to liaise with the commissioner of education for the purpose of coordinating granting of open-enrollment charter schools under this section.
TEC, §12.101(b-0), requires a majority of the board members present and voting to vote against the commissioner's charter proposals within 90 days of notice, otherwise the charter proposals take effect.
PREVIOUS BOARD ACTION: The rule review of 19 TAC Chapter 100, Subchapters A and B, was presented to the SBOE for discussion at the January-February 2024 board meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: The rule in 19 TAC Chapter 100, Subchapter A, addresses the open-enrollment charter selection process outlining the SBOE's coordination, deliberating process, and the no-contact provision required of applicants.
The rule in 19 TAC Chapter 100, Subchapter B, governs adverse action on a home-rule charter district. No home-rule charter districts currently exist, but such a district could be created.
ANTICIPATED REVISIONS TO RULES: No changes to rules in 19 TAC Chapter 100, Subchapters A and B, are anticipated at this time.
PUBLIC COMMENTS: The Texas Education Agency filed the notice of proposed review of 19 TAC Chapter 100, Subchapters A and B, with the Texas Register following the January-February 2024 SBOE meeting. The public comment period on the proposed rule review began March 1, 2024, and ended at 5:00 p.m. on April 1, 2024. 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 April 2024 meeting. The SBOE will take registered oral and written comments on this item at the appropriate committee meeting in April 2024 in accordance with the SBOE board operating policies and procedures.
The filing of the notice of proposed review soliciting comments as to whether the reasons for adoption continue to exist would not preclude any amendments that may be proposed at the same time or at different times through a separate rulemaking process.
MOTION TO BE CONSIDERED: The State Board of Education:
Adopt the review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters
Staff Members Responsible:
Kelvey Oeser, Deputy Commissioner, Educator and Systems Support
Marian Schutte, Deputy Associate Commissioner, Authorizing and Policy
Attachment:
Text of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters