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18_04 Proposed New 19 TAC §103.1207

Commissioner's Rules

Proposed New 19 TAC Chapter 103, Health and Safety, Subchapter CC, Commissioner's Rules Concerning School Safety and Discipline, §103.1207, Unauthorized Persons: Refusal of Entry, Ejection, Identification, and Appeal

Attachments:
I. Statutory Citation (PDF)
II. Text of Proposed New 19 TAC Chapter 103, Health and Safety, Subchapter CC, Commissioner's Rules Concerning School Safety and Discipline, §103.1207, Unauthorized Persons: Refusal of Entry, Ejection, Identification, and Appeal (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 new 19 TAC Chapter 103, Health and Safety, Subchapter CC, Commissioner's Rules Concerning School Safety and Discipline, §103.1207, Unauthorized Persons: Refusal of Entry, Ejection, Identification, and Appeal. The proposed new rule would provide for the implementation of provisions regarding unauthorized persons on property subject to the control of school districts under Texas Education Code (TEC), Chapter 37, Subchapter D, as amended by Senate Bill (SB) 1553, 85th Texas Legislature, Regular Session, 2017.

STATUTORY AUTHORITY: TEC, §37.105, as amended by SB 1553, 85th Texas Legislature, Regular Session, 2017.

TEC, §37.105, as amended by SB 1553, 85th Texas Legislature, Regular Session, 2017, requires that the commissioner of education adopt rules to implement TEC, §37.105, including rules establishing a process for a person to appeal to the board of trustees of the school district a decision to refuse the person's entry to or eject the person from the district's property.

EARLIEST POSSIBLE DATE OF ADOPTION: June 4, 2018.

PROPOSED EFFECTIVE DATE: July 31, 2018.

BACKGROUND INFORMATION AND JUSTIFICATION: SB 1553, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §37.105, to require that the commissioner of education adopt rules to implement provisions regarding unauthorized persons on property subject to the control of school districts, as well as to establish procedures for persons to appeal to school districts' boards of trustees any decisions to refuse persons entry to or eject persons from property subject to the control of school districts. Proposed new 19 TAC §103.1207, Unauthorized Persons: Refusal of Entry, Ejection, Identification, and Appeal, would set forth the provisions of the statute and establish an appeal process for school districts to adopt as local policies.

FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the proposed new rule beyond what the authorizing statute requires. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, or 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 new rule 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 new rule would have a government growth impact pursuant to Texas Government Code, §2001.0221, by creating a new regulation. The proposed new rule would establish a process for a person to appeal to the board of trustees of a school district a decision to refuse a person's entry to or eject a person from the district's property. SB 1553, 85th Texas Legislature, Regular Session, 2017, requires the commissioner to set forth in rule the provisions of TEC, §37.105, and establish an appeal process for school districts to adopt as local policies.

PUBLIC AND STUDENT BENEFIT: The proposed new rule would serve to protect the safety of public school students and staff while providing for an appeal process for persons affected by the rule.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed new rule would not increase reporting requirements for school districts.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed new rule would have no impact on locally maintained records, as the appeal process is another form of the grievance process school districts provide to members of the public.

PUBLIC COMMENTS: The public comment period on the proposal begins May 4, 2018, and ends June 4, 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 May 4, 2018.

Staff Members Responsible:
Megan Aghazadian, Deputy Commissioner of Operations
Candace Stoltz, Director, Emergency Management 

 

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