April 2014 Committee on School Initiatives Item 9

Discussion of Proposed Revisions to 19 TAC Chapter 100, Charters, Subchapter A,
Open-Enrollment Charter Schools

April 10, 2014

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

SUMMARY:
This item provides the opportunity for the Committee on School Initiatives to discuss proposed revisions to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools. The proposed revisions would add new 19 TAC §100.1, Selection Process, and repeal 19 TAC §100.1, Application and Selection Procedures and Criteria; 19 TAC §100.101, Annual Report on Open-Enrollment Charter Governance; 19 TAC §100.103, Optional Open-Enrollment Charter Provisions for Contracting and Purchasing; and 19 TAC §100.105, Application to Public Senior College or University Charters and Public Junior College Charters. The proposed revisions would align State Board of Education (SBOE) rules with the Texas Education Code (TEC), Chapter 12, Subchapters D and E, as amended by Senate Bill (SB) 2, 83rd Texas Legislature, Regular Session, 2013.

STATUTORY AUTHORITY: TEC, §7.102(c)(9), and §§12.101, 12.1053, 12.110, 12.111, 12.112, 12.119, 12.152, and 12.154, as amended by SB 2, 83rd Texas Legislature, Regular Session, 2013.

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

PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §100.1 effective December 5, 1999; 19 TAC §100.101 and 19 TAC §100.103 were adopted effective April 18, 2002; and 19 TAC §100.105 was adopted effective October 13, 2002. Sections 100.1, 100.101, and 100.105 were last amended effective December 26, 2012.

FUTURE ACTION EXPECTED: Proposed revisions to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, will be presented for first reading and filing authorization at the July 2014 SBOE meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: From 1995 until September 1, 2013, the SBOE had the authority to adopt the charter guidelines and application documents and to grant open-enrollment charters, public senior college or university charters, and public junior college charters. Additionally, the SBOE had the authority to approve the annual charter school governance reporting form and optional charter provisions for purchasing and contracting.

SB 2, 83rd Texas Legislature, Regular Session, 2013, granted the commissioner of education the authority to approve the annual charter school governance reporting form and optional charter provisions for purchasing and contracting, as well as to establish and approve the contents of the request for application and the criteria by which charter schools would be awarded. Additionally, SB 2 gave the commissioner the authority to award up to 305 open-enrollment charters on a graduated basis by the year 2019 to eligible entities that are considered capable of carrying out the responsibilities of the charter, are likely to operate a school of high quality, have been nominated by the commissioner, and are not rejected by a majority of members of the SBOE present and voting. SB 2 specifies that a member of the SBOE will work in coordination with the commissioner to investigate and evaluate charter applicant(s). The TEC, §12.101, gives the SBOE the authority to veto or take no action on the charter(s) the commissioner of education has recommended for award.

The proposed revisions to 19 TAC Chapter 100, Subchapter A, shown as Attachment II, would align SBOE rules for open-enrollment charter schools, including the selection process, with the requirements of SB 2.

FISCAL IMPACT: Fiscal implications of the proposed revisions will be assessed at first reading and filing authorization.

PUBLIC AND STUDENT BENEFIT: Open-enrollment charter schools provide avenues for local restructuring, flexibility, innovation, and choice for parents and students. The proposed revisions would align SBOE rules relating to open-enrollment charter schools with the TEC.

PROCEDURAL AND REPORTING IMPLICATIONS: Procedural and reporting implications will be assessed at first reading and filing authorization.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Locally maintained paperwork requirements will be assessed at first reading and filing authorization.

PUBLIC COMMENTS: The official public comment period will begin when the proposal, approved for first reading and filing authorization by the SBOE, is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

Staff Members Responsible:
Sally Partridge, Associate Commissioner
Accreditation and School Improvement

Heather Mauzé, Director
Charter School Administration

Attachments:
I. Statutory Citations (PDF, 36KB)
II. Text of Proposed Revisions to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools (PDF, 40KB)