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18_10 Proposed Amendment to 19 TAC §97.1073

Commissioner's Rules

Proposed Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 1, Status, Standards, and Sanctions, §97.1073, Appointment of Monitor, Conservator, or Board of Managers

Attachments:
I. Statutory Citations (PDF)
II. Text of Proposed Amendment to 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 1, Status, Standards, and Sanctions, §97.1073, Appointment of Monitor, Conservator, or Board of Managers (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 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 1, Status, Standards, and Sanctions, §97.1073, Appointment of Monitor, Conservator, or Board of Managers. The proposed amendment would clarify who must complete the training in effective leadership strategies required under Texas Education Code (TEC), §39A.205, and specify a timeframe for completion.

STATUTORY AUTHORITY: TEC, §39A.205.

TEC, §39A.205, requires the commissioner to provide individuals appointed to a board of managers with training in effective leadership strategies.

EARLIEST POSSIBLE DATE OF ADOPTION: December 10, 2018.

PROPOSED EFFECTIVE DATE: February 10, 2019.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 97.1073 implements the TEC, §39A.205, by establishing criteria and procedures for the appointment of monitor, conservator, or board of managers.

The proposed amendment would clarify in subsection (h) that elected board of trustees members who are appointed to a board of managers under subsection (g)(4) must complete the training in effective leadership strategies required under TEC, §39A.205. This change is necessary to make clear that board of trustees members who are appointed to serve on a board of managers are expected to be trained in effective leadership strategies. The amendment additionally clarifies in subsection (h) that the training in effective leadership strategies required under TEC, §39A.205, must be provided by TEA-approved authorized providers, which were not in existence at the time the rule was initially adopted. Finally, the amendment would require in subsection (i) that the training be completed by board of trustees members appointed under subsection (g)(4) prior to or within 10 days of the appointment and that failure to do so may result in the removal of the trustee from the board of managers. This would ensure that new members receive the required training in a timely manner during the period of the board of managers appointment.

FISCAL IMPACT: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed amendment. Appointees to a board of managers and school district trustees presently attend mandatory training and continuing education seminars and are unlikely to experience any significant increase in costs or fees charged by training providers resulting from the inclusion of effective leadership strategy training within the existing training curriculum. In addition, 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, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC AND STUDENT BENEFIT: The proposed amendment benefits the public and students by ensuring that board members who are appointed to a board of managers are trained in effective leadership strategies as required by TEC, §39A.205.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment does not have any procedural or reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Currently, training records are required to be maintained at the district level. The proposed amendment does not create a new retention process.

PUBLIC COMMENTS: The public comment period on the proposal begins November 9, 2018, and ends December 10, 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 November 9, 2018.

Staff Member Responsible:
Chris Cowan, Director, Enforcement Coordination 

 

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