January 2020 Committee on School Initiatives Item 5

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

January 30, 2020

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 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 a State Board member to be designated as the liaison for charter selection for charters proposed under Chapter 12, Subchapter D; charter selection procedures for charters granted under the Texas Education Code (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), 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.

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 2020 board meeting.

BACKGROUND INFORMATION AND JUSTIFICATION:  The rule in 19 TAC Chapter 100, Subchapter A, addresses the open-enrollment charter selection process outlining the SBOE's coordination, deliberating process, and the no-contact provision required of applicants.

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.

PUBLIC COMMENTS: The TEA will file the notice of proposed review of 19 TAC Chapter 100, Subchapters A and B, with the Texas Register following the January 2020 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 public comment period on the proposed rule review begins March 6, 2020, and ends April 10, 2020. The SBOE will take registered oral and written comments on this item at the appropriate committee meeting in April 2020 in accordance with the SBOE board operating policies and procedures.

The filing of the notice of proposed review soliciting comments as to whether the reasons for adoption continue to exist would not preclude any amendments that may be proposed at the same time or at different times through a separate rulemaking process.

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

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