April 2014 Committee on School Initiatives Item 7

Review of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship

April 10, 2014

COMMITTEE ON SCHOOL INITIATIVES: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

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 review of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship. The rules being reviewed specify requirements for continuing education for school board trustees and nominating trustees for military reservation school districts and Boys Ranch Independent School District (ISD).

STATUTORY AUTHORITY: The statutory authority for the rule review is Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 61, Subchapter A, is the Texas Education Code (TEC), §11.159 and §11.352.

BOARD RESPONSE: This item is presented for review and comment.

PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 61, Subchapter A, in September 2010, finding that the reasons for initially adopting the rules continue to exist. In response to the review, §61.1 and §61.2 were amended effective December 20, 2010. Additionally, §61.2 was amended effective March 7, 2012.

FUTURE ACTION EXPECTED: The review of 19 TAC Chapter 61, Subchapter A, will be presented to the SBOE for adoption at the July 2014 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The TEC, §11.159, Member Training and Orientation, requires the SBOE to provide a training course for school board trustees. Section 61.1, Continuing Education for School Board Members, 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, and specified hours of continuing education based on identified needs.

The TEC, §11.352, Governance of Special-Purpose District, authorizes the SBOE to appoint a board of three, five, or seven trustees, as determined by the SBOE, for each district established under the TEC, §11.351. Additionally, it authorizes the SBOE to appoint a board of three or five trustees for each military reservation school district. Section 61.2, Nomination of Trustees for Military Reservation School Districts and Boys Ranch Independent School District, addresses this statutory requirement. Trustees of the boards of the Fort Sam Houston ISD, Lackland ISD, Randolph Field ISD, and Boys Ranch ISD are appointed by the SBOE in accordance with this rule and statute.

The review of 19 TAC Chapter 61, Subchapter A, which was scheduled to begin in July 2014, is being presented at this meeting to coordinate with the proposed amendment to §61.1.

ANTICIPATED REVISIONS TO RULES: As a separate item in this agenda, a proposed amendment to §61.1 that would require coverage of specific topics during local school district orientation and continuing education and would clarify and increase the length of certain trainings is being presented for first reading and filing authorization. No additional changes to the rules in 19 TAC Chapter 61, Subchapter A, are anticipated.

RULE REVIEW: The Texas Education Agency (TEA) plans to file the notice of proposed review of 19 TAC Chapter 61, Subchapter A, with the Texas Register following the April 2014 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 61, Subchapter A, continue to exist. The official comment period will begin with publication of the proposed review in the Texas Register.

The filing of the notice of proposed review soliciting comments as to whether the reasons for adoption continue to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.

FISCAL IMPACT: None.

PUBLIC AND STUDENT BENEFIT: These rules will continue to provide professional development by requiring continuing education activities for school board trustees based on local needs. The rules will also continue to provide assurance of a means for nomination of trustees for military reservation school districts and Boys Ranch ISD.

PROCEDURAL AND REPORTING IMPLICATIONS: None.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.

PUBLIC COMMENTS: None.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A separate item in this agenda presents a proposed amendment to §61.1 for first reading and filing authorization.

Staff Member Responsible:
Ronald Rowell, Director
School Governance

Attachments:
I. Statutory Citations (PDF, 16KB)
II. Text of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship (PDF, 26KB)