18_03 Proposed Amendment to 19 TAC §129.1029
Commissioner's Rules
Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1029, Optional Flexible Year Program
Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1029, Optional Flexible Year Program (PDF)
SUMMARY: The rule action presented in this item was filed as proposed with the Texas Register under the commissioner's rulemaking authority. This item proposes an amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1029, Optional Flexible Year Program. The proposed amendment would update the current rule to reflect statutory changes resulting from House Bill (HB) 1842, 84th Texas Legislature, 2015.
STATUTORY AUTHORITY: Texas Education Code (TEC), §12A.004 and §29.0821.
TEC, §12A.004, no longer lists TEC, §21.401(b), which requires an educator employed under a 10-month contract to provide a minimum of 187 days of service, as an impermissible exemption.
TEC, §29.0821(c), requires that an educator employed under a 10-month contract must provide the minimum days of service required under TEC, §21.401.
TEC, §29.0821(d), allows a school district to require educational support personnel to provide service as necessary for an optional flexible year program.
TEC, §29.0821(e), allows the commissioner to adopt rules for the administration of the optional flexible year program.
EARLIEST POSSIBLE DATE OF ADOPTION: April 30, 2018.
PROPOSED EFFECTIVE DATE: July 9, 2018.
BACKGROUND INFORMATION AND JUSTIFICATION: HB 1842, 84th Texas Legislature, 2015, established districts of innovation. The proposed amendment to 19 TAC §129.1029, Optional Flexible Year Program, would address a conflict with statute for districts of innovation in TEC, §12A.004, and the Optional Flexible Year Program (OFYP) in TEC, §29.0821(c). Educators employed at school districts operating an OFYP are required to provide a minimum of 187 days of service under TEC, §21.401(b), even though districts of innovation are exempt from this requirement.
To address the conflict, the proposed amendment to 19 TAC §129.1029(c)(6) would delete language referencing TEC, §21.401(b), and include language that would more accurately reflect the legislative intent to ensure that additional educator resources are available on OFYP days and provided to students who need help.
FISCAL IMPACT: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed amendment. The TEA has determined that there is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT: TEA staff has determined that the proposed amendment would not have a government growth impact pursuant to Texas Government Code, §2001.0221.
PUBLIC AND STUDENT BENEFIT: The proposed amendment would allow districts of innovation to participate in the OFYP without imposing minimum educator service requirements that are not applicable to those districts.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no new procedural and reporting implications. School districts and open-enrollment charter schools would continue to follow current reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would require no new locally maintained paperwork requirements. School districts and open-enrollment charter schools would continue to maintain existing local records.
PUBLIC COMMENTS: The public comment period on the proposal begins March 30, 2018, and ends April 30, 2018.
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 on March 30, 2018.
Staff Members Responsible:
Leo Lopez, Associate Commissioner, School Finance / Chief School Finance Officer
Al McKenzie, Director, State Funding
Nora Rainey, Manager, State Funding