September 11, 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
(First Reading and Filing Authorization)
September 13, 2024
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members. The proposed amendment would amend the requirements for school board member training.
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.
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, new subsection (c)(2) would be added to require that the registration application include a notarized affidavit stating that the prospective provider has not been convicted of a felony or a crime of moral turpitude within the preceding ten years and has never been convicted of a crime that involved harming children.
In addition, obsolete language related to implementation of the section would be removed.
FISCAL IMPACT: 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: 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: 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: The proposal would impose a cost on regulated persons. A prospective provider of school board trustee training would be required to submit a notarized affidavit stating that he or she has not been convicted of a felony or a crime of moral turpitude within the preceding ten years. According to the American Association of Notaries, the cost of such a notarization is $10. A provider of school board trustee training would be required to submit a new application (and new notarized affidavit) every three years.
The rule is necessary to protect the health, safety, and welfare of the residents of this state.
TAKINGS IMPACT ASSESSMENT: 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: 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 that a prospective provider of school board trustee training would be required to submit a notarized affidavit stating that he or she has not been convicted of a felony or a crime of moral turpitude within the preceding ten years.
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: The proposal would update 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 notarized affidavit stating that he or she has not been convicted of a felony or a crime of moral turpitude within the preceding ten years. According to the American Association of Notaries, the cost of such a notarization is $10. A provider of school board trustee training would be required to submit a new application (and new notarized affidavit) every three years.
DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: 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: The public comment period on the proposal begins October 11, 2024, and ends at 5:00 p.m. on November 12, 2024. 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. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on October 11, 2024.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for first reading and filing authorization the proposed amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Board of Trustees Relationship.
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