January 2021 Committee on School Initiatives Item 3
Adoption of Review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions
(Adoption of Review)
January 29, 2021
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: 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 adoption of 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 TGC, §2001.039. The statutory authority for 19 TAC Chapter 30, Subchapter A, is 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.
PREVIOUS BOARD ACTION: The review of 19 TAC Chapter 30, Subchapter A, was presented to the Committee on School Initiatives for discussion at the November 2020 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 §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.
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 30, Subchapter A, 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.
Changes to the rule in 19 TAC Chapter 30, Subchapter A, are recommended as a result of the review. A proposed amendment to 19 TAC §30.1, including the petition form, is presented for first reading and filing authorization as a separate item in this agenda. The proposed amendment would update the SBOE's petition procedures to allow for electronic submission of a petition.
PUBLIC COMMENTS: The TEA filed the proposed review of 19 TAC Chapter 30, Subchapter A, with the Texas Register following the November 2020 SBOE meeting. The public comment period on the proposed review began December 18, 2020, and ended January 22, 2021. 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 January 2021 meeting. The SBOE will take registered oral and written comments on the proposed review at the committee meeting in January 2021 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 30, Administration, Subchapter A, State Board of Education: General Provisions.
Staff Members Responsible:
Cristina De La Fuente-Valadez, Director, Rulemaking
Lynette Smith, Program Specialist, Rulemaking
Text of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions
Figure: 19 TAC §30.1(a)