April 2025 Committee on School Initiatives Item 2
Approval of 2025-2029 Rule Review Plan for State Board of Education
April 11, 2025
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: This item presents for approval the Proposed 2025-2029 Rule Review Plan for State Board of Education (SBOE) Rules. Texas Government Code, §2001.039, requires an ongoing four-year rule review of existing state agency rules, including SBOE rules. The rule review requirement is designed to ensure that the reason for initially adopting or readopting a rule continues to exist.
STATUTORY AUTHORITY: Texas Government Code (TGC), §2001.039.
Texas Government Code, §2001.039, requires a state agency to review and consider for readoption each of its rules.
PREVIOUS BOARD ACTION: The SBOE is in the process of completing the 2021-2025 rule review cycle, which was approved in April 2021.
BACKGROUND INFORMATION AND JUSTIFICATION: Texas Government Code, §2001.039, requires the review of existing state agency rules to ensure that the reason for initially adopting or readopting a rule continues to exist. In order to implement and comply with the statutory rule review requirements, the SBOE has adopted rule review plans since 1997.
The proposed 2025-2029 SBOE rule review plan reflected in Attachment I repeats the cycle of review that was conducted during the 2021-2025 SBOE rule review plan with the addition of new rules that took effect subsequent to the adoption of that plan and the deletion of repealed rules. In accordance with Texas Education Code, §28.002(m), the Texas Essential Knowledge and Skills (TEKS) are exempt from the rule review requirement and are not included in the proposed 2025-2029 plan. The SBOE conducts a review of the curriculum content on a schedule determined by the SBOE designed to align with the approval of instructional materials.
Once approved by the SBOE, the rule review plan is included in the information pages of the SBOE agenda and is updated as necessary. The rule review plan will also be posted on the agency's website.
Attachment II includes a status report on the 2021-2025 SBOE rule review plan, including changes generated as a result of the reviews. The current review cycle concludes in August 2025. Chapter 101, Assessment, and Chapter 109, Budgeting, Accounting, and Auditing, are the last chapters to be reviewed in this cycle, and they are presented for adoption as separate items in this agenda.
Secretary of State rules specify a two-step review process to implement the rule review requirement in Texas Government Code, §2001.039. First, a notice of proposed review announces a public comment period. Last, a notice of adopted review summarizes and responds to any public comments received and states whether changes are anticipated as a result of the review.
The SBOE rule review process may identify that changes need to be made to existing rules. If changes are identified, the adoption will complete the rule review process and staff will present the rule changes under a separate item at a subsequent SBOE meeting. If no changes are identified, the adoption will complete the rule review process, and no further action is necessary.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve the Proposed 2025-2029 Rule Review Plan for State Board of Education Rules.
Staff Member Responsible:
Cristina De La Fuente-Valadez, Director, Rulemaking
Attachment I:
Proposed 2025-2029 Rule Review Plan for State Board of Education
Attachment II:
Status Report on the 2021-2025 SBOE Rule Review Plan