January 2016 Committee on School Initiatives Item 5
Review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters
January 28, 2016
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 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters. Subchapter A establishes charter application and selection procedures and criteria for charters granted under the Texas Education Code (TEC), Chapter 12, Subchapters D and E; the procedure and content of the annual report on open-enrollment charter governance; and optional provisions for contracting and purchasing. Subchapter B sets forth provisions for adverse action on a home-rule school district charter.
STATUTORY AUTHORITY: The statutory authority for the rule review is the Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 100, Subchapter A, is the TEC, §12.101(b-0). The statutory authority for 19 TAC Chapter 100, Subchapter B, is the TEC, §7.102(c)(8) and §12.028.
The Texas Government Code, §2001.039, requires all state agencies to review their rules at least once every four years.
The TEC, §12.101(b-0), gives the SBOE the authority to veto or take no action on the charter(s) the commissioner of education has recommended for award.
The TEC, §7.102(c)(8), requires the SBOE to adopt a procedure to be used for placing on probation or revoking a home-rule school district charter as required by the TEC, Chapter 12, Subchapter B.
The TEC, §12.028, requires the SBOE to adopt by rule a procedure to be used for placing on probation or revoking a home-rule school district charter.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 100, Subchapters A and B, in April 2012, finding that the reasons for initially adopting the rules continued to exist. Subsequent to the review, new §100.1, Selection Process, was added, and §100.1, Application and Selection Procedures and Criteria, §100.101, Annual Report on Open-Enrollment Charter Governance, §100.103, Optional Open-Enrollment Charter Provisions for Contracting and Purchasing, and §100.105, Application to Public Senior College or University Charters and Public Junior College Charters, were repealed effective September 19, 2014, to align SBOE rules with the TEC, Chapter 12, Subchapters D and E, as amended by Senate Bill (SB) 2, 83rd Texas Legislature, Regular Session, 2013.
FUTURE ACTION EXPECTED: The review of 19 TAC Chapter 100, Subchapters A and B, will be presented to the SBOE for adoption at the April 2016 board meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The rule in 19 TAC Chapter 100, Subchapter A, addresses the open-enrollment charter selection process.
The rule in 19 TAC Chapter 100, Subchapter B, governs adverse action on a home-rule charter district. No home-rule charter districts currently exist, but such a district could be created.
ANTICIPATED REVISIONS TO RULES: No changes to rules in 19 TAC Chapter 100, Subchapters A and B, are anticipated at this time.
RULE REVIEW: The Texas Education Agency (TEA) plans to file the review of 19 TAC Chapter 100, Subchapters A and B, with the Texas Register following the January 2016 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 100, Subchapters A and B, continue to exist. The official comment period will begin with publication of the notice of proposed review in the Texas Register.
The filing of the notice of proposed review soliciting comments as to whether the reason for adoption continues 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: The rules in 19 TAC Chapter 100, Subchapters A and B, help to define the processes by which charter schools provide new avenues for local restructuring, flexibility, innovation, and choice options for parents and students.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
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, 22KB)
II. Text of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters (PDF, 23KB)