April 2020 Committee on School Initiatives Item 4

Adoption of Review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters
(Adoption of Review)

April 17, 2020

COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: 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 adoption of review of 19 Texas Administrative Code (TAC) Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters.  Subchapter A establishes a provision for an SBOE member to be designated as the liaison for charter selection for charters proposed under Texas Education Code (TEC), Chapter 12, Subchapter D; charter selection procedures for charters granted under the TEC, Chapter 12, Subchapter D; and provisions for a 90-day no-contact requirement. 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 (TGC), §2001.039. The statutory authority for 19 TAC Chapter 100, Subchapter A, is the Texas Education Code (TEC), §12.101. The statutory authority for 19 TAC Chapter 100, Subchapter B, is TEC, §§7.102(c)(8), 12.028, 12.101(b), and 12.101(b-0).

The Texas Government Code, §2001.039, requires all state agencies to review their rules at least once every four years. 

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.

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. 

The TEC, §12.101(b), requires the SBOE chair to designate a board member to liaise with the commissioner of education for the purpose of coordinating granting of open-enrollment charter schools under this section.

The TEC, §12.101(b-0), requires a majority of the board members present and voting to vote against the commissioner's charter proposals within 90 days of notice, otherwise the charter proposals take effect.

The full text of statutory citations can be found in the statutory authority section of this agenda.

PREVIOUS BOARD ACTION: The review of 19 TAC Chapter 100, Subchapters A and B, was presented to the Committee on School Initiatives for discussion at the January 2020 board meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: 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. 

No changes to the rules in 19 TAC Chapter 100, Subchapters A and B, are recommended as a result of the review.

If authorized by the SBOE, the Texas Education Agency (TEA) will file the adopted review with the Texas Register stating that the SBOE finds the reasons for adopting 19 TAC Chapter 100, Subchapters A and B, continue to exist. The filing of the adopted review stating that the reasons for adoption continue to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.

PUBLIC COMMENTS:  The TEA filed the proposed review of 19 TAC Chapter 100, Subchapters A and B, with the Texas Register following the January 2020 SBOE meeting. The public comment period on the proposed review began March 6, 2020, and ended April 10, 2020. At the time this item was prepared, no comments had been received regarding this review. Any public comments received will be provided to the SBOE during the April 2020 meeting. The SBOE will take registered oral and written comments on the proposed review at the committee meeting in April 2020 in accordance with the SBOE board operating policies and procedures.

MOTION TO BE CONSIDERED: The State Board of Education:

Adopt the review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters.

Staff Members Responsible:
Kelvey Oeser, Deputy Commissioner, Educator and Systems Support
Joe Siedlecki, Associate Commissioner, Charters and Innovations
Heather Mauzé, Director, Charter School Authorizing and Administration

Attachment:     

Text of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters