November 20, 2024 Committee of the Full Board Item 2

Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members
(Second Reading and Final Adoption)

November 22, 2024

COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: This item presents for second reading and final adoption proposed amendment to 19 Texas Administrative Code (TAC) Chapter Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members. The proposed amendment would establish new eligibility requirements for trainers of school boards to include a background check, establish that only individuals (not organizations) are eligible to provide training to school board trustees, and prohibit trainers of school boards from engaging in political advocacy during training. Technical edits are recommended since published as proposed.

STATUTORY AUTHORITY: Texas Education Code (TEC), §11.159.

TEC, §11.159, requires the State Board of Education (SBOE) to provide a training course for school board trustees.

The full text of statutory citations can be found in the statutory authority section of this agenda.

EFFECTIVE DATE: The proposed effective date of the proposed amendment is 20 days after filing as adopted with the Texas Register. Under TEC, §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 2025-2026 school year. The earlier effective date would protect the health, safety, and welfare of the residents of this state by updating the application requirements for school board member training providers as soon as possible.

PREVIOUS BOARD ACTION: Discussion items regarding possible amendments were presented at the January and November 2023 and June 2024 SBOE meetings. ''At its September 2024 meeting, the SBOE approved for first reading and filing authorization a proposed amendment to §61.1.

BACKGROUND INFORMATION AND JUSTIFICATION: TEC, §11.159, Member Training and Orientation, requires the SBOE to provide a training course for school board trustees. Section 61.1 addresses this statutory requirement. School board trustee training under current SBOE rule includes a local school district orientation session; a basic orientation to the TEC; an annual team-building session with the local school board and the superintendent; specified hours of continuing education based on identified needs; training on evaluating student academic performance; training on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children; and training on school safety. In addition to establishing the conditions for the training courses required for school district trustees, §61.1 establishes the criteria for both registered providers of school board training and authorized providers of school board training.

The proposed amendment would update the application requirements to be a provider of school board member training. Specifically, amended subsection (c) would limit eligible providers to individuals, removing organizations from eligibility. Amended subsection (c)(1) would require the rejection of applications that do not demonstrate the requisite training, experience, educational background, or expertise. New subsection (c)(2) would require applications to include a background check and would establish additional conditions under which an application would be rejected. New subsection (c)(3) would describe conditions under which a provider's status would be revoked. New subsection (c)(5) would describe conditions under which a non-registered provider may be involved in training school board trustees.

New subsection (d) would prohibit training providers from engaging in political advocacy while providing training. New subsection (d)(1) would define political advocacy for the purpose of this section, and new subsection (d)(2) would establish what political advocacy does not include. New subsection (d)(3) would require trainers to provide a written acknowledgement that he or she would not engage in political advocacy. New subsection (d)(4) would establish steps TEA would take if it determined that a provider engaged in political advocacy. New subsection (d)(5) would permit the SBOE to revoke a provider's eligibility if it determines that the provider engaged in political advocacy. New subsection (d)(6) would establish that the revocation of a provider's status would be for one year, unless determined otherwise by the SBOE. New subsection (d)(7) would establish that a provider is presumed to have engaged in political advocacy if the advocacy occurs during the training session. In addition, obsolete language related to implementation of the section would be removed.

Since published as proposed, technical edits are recommended in subsections (c) and (d) to align with administrative rule form and style guidelines and update cross references.

The SBOE approved the proposed amendment for first reading and filing authorization at its September 13, 2024, meeting.

FISCAL IMPACT: No changes have been made to this section since published as proposed.

The Texas Education Agency (TEA) has determined that there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed.

The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: No changes have been made to this section since published as proposed.

The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed.

The proposal would impose a cost on regulated persons. A prospective provider of school board trustee training would be required to submit a background check from one of at least five providers approved by TEA. If the background check indicates the prospective provider has been convicted of a felony or crime of moral turpitude, the applicant would be rejected. At the time of filing as proposed, background checks can cost between $50 and $100 according to several national background check providers. A provider of school board trustee training would be required to submit a new application (and new background check) every three years.

The rule is necessary to protect the health, safety, and welfare of the residents of this state.

TAKINGS IMPACT ASSESSMENT: No changes have been made to this section since published as proposed.

The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: No changes have been made to this section since published as proposed.

TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would expand an existing regulation by requiring a prospective provider of school board trustee training to submit a background check from one of at least five providers approved by TEA. If the background check indicates the prospective provider has been convicted of a felony or crime of moral turpitude, the applicant would be rejected.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not limit or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed.

TEA has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be updating the application requirements to be a provider of school board member training to protect the health, safety, and welfare of the residents of this state. There is an anticipated economic cost to persons who are required to comply with the proposal. A prospective provider of school board trustee training would be required to submit a a background check from one of at least five providers approved by TEA. If the background check indicates the prospective provider has been convicted of a felony or crime of moral turpitude, the applicant would be rejected. At the time of filing as proposed, background checks can cost between $50 and $100 according to several national background check providers.

DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed.

The proposal would have no data or reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed.

TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: Following the September 2024 SBOE meeting, notice of the proposed amendment was filed with the Texas Register, initiating the public comment period. The public comment period on the proposal began October 11, 2024, and ended at 5:00 p.m. on November 12, 2024. No comments had been received at the time this item was prepared. A summary of any public comments received regarding the proposal will be provided to the SBOE prior to and during the November 2024 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in November 2024 in accordance with the SBOE board operating policies and procedures.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for second reading and final adoption proposed amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members; and

Make an affirmative finding that immediate adoption of the proposed amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members, is necessary and shall have an effective date of 20 days after filing as adopted with the Texas Register. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)

Staff Members Responsible:
Steve Lecholop, Deputy Commissioner, Governance
Christopher Lucas, Director, Policy, Planning, and Operations, Governance

Attachment:
Text of Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members