July 2014 Committee on School Initiatives Item 6

Proposed Revisions to 19 TAC Chapter 100, Charters,
Subchapter A, Open-Enrollment Charter Schools
(First Reading and Filing Authorization)

July 18, 2014

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

SUMMARY:
This item presents for first reading and filing authorization 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.

EFFECTIVE DATE: The proposed effective date of the proposed revisions to 19 TAC Chapter 100, Subchapter A, is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule actions at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2015-2016 school year. The earlier effective date is necessary to align rules with the requirements of SB 2.

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.

A discussion item regarding proposed revisions to 19 TAC Chapter 100, Subchapter A, was presented to the Committee on School Initiatives during its April 2014 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:  The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed revisions. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

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: The proposed revisions would have no procedural and reporting requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed revisions would have no new locally maintained paperwork requirements.

PUBLIC COMMENTS: The official public comment period will begin when the proposal is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization proposed revisions to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools.

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

Heather Mauzé, Director
Charter School Administration


Attachments:
I. Statutory Citations (PDF, 44KB)
II. Text of Proposed Revisions to 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools (PDF, 43KB)