November 2020 Committee on School Initiatives Item 2
Rule Review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions
November 19, 2020
COMMITTEE ON SCHOOL INITIATIVES: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: Texas Government Code (TGC), §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 30, Administration, Subchapter A, State Board of Education: General Provisions. Subchapter A establishes the SBOE process for petitioning the adoption of changes to SBOE rules, as required by TGC, §2001.021.
STATUTORY AUTHORITY: The statutory authority for the rule review is the (TGC), §2001.039. The statutory authority for 19 TAC Chapter 30, Subchapter A, is the (TGC), §2001.021.
TGC, §2001.039, requires a state agency to review and consider for readoption each of its rules.
TGC, §2001.021, authorizes a state agency to prescribe by rule the form for a petition and the procedure for the submission, consideration, and disposition.
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 30, Subchapter A, will be presented to the SBOE for adoption at the January 2021 meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: TGC, §2001.021, requires that procedures to petition for the adoption of rule changes be adopted by rule. To comply with statute, the SBOE adopted 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes, effective December 5, 2004. Prior to the adoption of 19 TAC §30.1, procedures to petition for the adoption of changes to SBOE rules were included as part of the SBOE's operating rules. Effective April 26, 2009, an amendment adopted in rule the petition form to be used to submit a petition. Effective May 23, 2017, an amendment updated the petition form adopted in rule to require the petitioner to indicate that the petitioner meets one of the four definitions of an interested person specified in statute and added language to specify the reasons the SBOE may deny a petition for rulemaking.
Since 19 TAC §30.1 was last reviewed in 2016, six petitions were presented to the SBOE. In 2017, four petitioners requested that the amount of credit for Cosmetology I and II courses be modified. The SBOE denied the petitions because the Texas Essential Knowledge and Skills (TEKS) for cosmetology could not be revised until they became effective on August 28, 2017, and the SBOE had already taken action to address the issue presented by the petitioners at its November 2016 meeting.
In 2018, one petition was presented to the SBOE. The SBOE denied the petition for rulemaking requesting the adoption of a rule requiring all Texas students to wear uniforms because the SBOE does not have jurisdiction or authority to propose or adopt the petitioned rule.
In 2019, one petition was presented to the SBOE for an amendment to 19 TAC §74.12 that would allow debate, public speaking, and oral interpretation to satisfy fine arts graduation requirements. The SBOE denied the petition because the courses were not aligned with TEKS in fine arts courses.
ANTICIPATED REVISIONS TO RULES: Texas Education Agency (TEA) staff plans to present an amendment to 19 TAC Chapter 30, Subchapter A, §30.1, Petition for Adoption of Rule Changes, that would provide for electronic submission of a petition. This amendment would include any necessary changes to the procedures specified in §30.1 as well as updates to the petition form adopted in rule. The proposed amendment would be presented for first reading and filing authorization at the January 2021 SBOE meeting.
PUBLIC COMMENTS: The TEA will file the notice of proposed review of 19 TAC Chapter 30, Subchapter A, with the Texas Register following the November 2020 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 30, Subchapter A, continue to exist. The public comment period on the proposed rule review begins December 18, 2020, and ends January 22, 2021. The SBOE will take registered oral and written comments on this item at the appropriate committee meeting in January 2021 in accordance with the SBOE 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:
Cristina De La Fuente-Valadez, Director, Rulemaking
Lynette Smith, Program Specialist, Rulemaking
Attachment I:
Text of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions
Attachment II:
Figure: 19 TAC §30.1(a)