2025-2029 Rule Review Plan for State Board of Education Rules

STATE BOARD OF EDUCATION: INFORMATION

SUMMARY: This item outlines the rule review plan for State Board of Education (SBOE) rules during the period of September 2025 through August 2029. Texas Government Code, §2001.039, requires an ongoing four-year rule review of existing state agency rules. The rule review requirement is designed to ensure that the reason for initially adopting or readopting a rule continues to exist. The process for rule review is separate and distinct from the standard rulemaking process.

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 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review plan with the addition of new rules that took effect subsequent to the adoption of that plan and the deletion of repealed rules.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 are exempt from the rule review requirement and are not included in the 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.

The rule review plan is included in the information pages of the SBOE agenda and is updated as necessary. The rule review plan is also posted on the agency's website.

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 using the standard rulemaking process. If no changes are identified, the adoption will complete the rule review process, and no further action is necessary. Attachment II illustrates this by process.

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

Attachment I:
2025-2029 Rule Review Plan for State Board of Education Rules

Attachment II:
Process to Adopt Rule Changes Identified During Rule Review