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January 2025 Committee on School Initiatives Item 7

Adoption of Review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions
(Adoption of Review)

January 31, 2025

COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: CONSENT

SUMMARY: Texas Government Code, §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 the review of 19 Texas Administrative Code (TAC) Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions. Subchapter A establishes the SBOE process for petitioning the adoption of changes to SBOE rules, as required by Texas Government Code, §2001.021.

STATUTORY AUTHORITY: The statutory authority for the rule review is Texas Government Code, (TGC), §2001.039. The statutory authority for 19 TAC Chapter 30, Subchapter A, is Texas Government Code (TGC), §2001.021.

Texas Government Code, §2001.039, requires all state agencies to review their rules at least once every four years.

Texas Government Code, §2001.021, authorizes a state agency to prescribe by rule the form for a petition and the procedure for the submission, consideration, and disposition.

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

PREVIOUS BOARD ACTION: The review of 19 TAC Chapter 30, Subchapter A, was presented to the Committee on School Initiatives for discussion at the November 2024 meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: Texas Government Code, §2001.021, requires that procedures to petition for the adoption of rule changes be adopted by rule. To comply with statute, the SBOE adopted 19 TAC Chapter 30, Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes, effective December 5, 2004. Prior to the adoption of 19 TAC §30.1, procedures to petition for the adoption of changes to SBOE rules were included as part of the SBOE's operating rules. Effective April 26, 2009, an amendment adopted in rule the form used to submit a petition.

Since 19 TAC §30.1 was last reviewed in 2020, three petitions have been presented to the SBOE.

In 2020, a petitioner requested that the SBOE adopt United States History Studies Before 1877 and offer the course to all high school students. The SBOE denied the petition because all Grade 8 students are required to receive instruction in United States History through 1877.

In 2022, a petitioner requested that 19 TAC §74.12 be amended to allow Oral Interpretation I-III to satisfy a fine arts graduation requirement. The SBOE denied the petition because Oral Interpretation I, II, and III are not aligned with fine arts courses.

In 2023, a petitioner requested that 19 TAC §100.1 be amended to remove the no-contact period between open-enrollment charter applicants and any person or entity acting on their behalf with the commissioner, the commissioner's designee, a member of the SBOE, or a member of an external application review panel. The SBOE directed Texas Education Agency (TEA) staff to initiate rulemaking proceedings, and §100.1 was amended to modify the no-contact period for open-enrollment charter applicants or any person or entity acting on their behalf, effective October 31, 2023.

If authorized by the SBOE, TEA will file the adopted review with the Texas Register stating that the SBOE finds the reasons for adopting 19 TAC Chapter 30, Subchapter A, continue to exist. The filing of the adopted review stating that the reasons for adoption continue to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.

No changes to 19 TAC Chapter 30, Subchapter A, are recommended as a result of the review

PUBLIC COMMENTS:  TEA filed the proposed review of 19 TAC Chapter 30, Subchapter A, with the Texas Register following the November 2024 SBOE meeting. The public comment period on the proposed review began December 20, 2024, and ended at 5:00 p.m. on January 21, 2025. 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 January 2025 meeting. The SBOE will take registered oral and written comments on the proposed review at the committee meeting in January 2025 in accordance with the SBOE board operating policies and procedures.

MOTION TO BE CONSIDERED: The State Board of Education:

Adopt the review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions.

Staff Member Responsible:
Cristina De La Fuente-Valadez, Director, Rulemaking

Attachment:
Text of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, including Figure: 19 TAC §30.1(a), State Board of Education Petition for Adoption of a Rule