April 2016 Committee on School Initiatives Item 6

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 8, 2016

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 the review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters. Subchapter A establishes charter application and selection procedures and criteria for charters granted under the Texas Education Code (TEC), Chapter 12, Subchapter D. 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, §2001.039. The statutory authority for 19 TAC Chapter 100, Subchapter A, is the TEC, §12.101(b-0). The statutory authority for 19 TAC Chapter 100, Subchapter B, is the TEC, §7.102(c)(8) and §12.028.

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

The TEC, §12.101(b-0), gives the SBOE the authority to veto or take no action on the charter(s) the commissioner of education has recommended for award.

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, Subchapter B.

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.

PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 100, Subchapters A and B, in April 2012, finding that the reasons for initially adopting the rules continued to exist. Subsequent to the review, new §100.1, Selection Process, was added, and §100.1, Application and Selection Procedures and Criteria, §100.101, Annual Report on Open-Enrollment Charter Governance, §100.103, Optional Open-Enrollment Charter Provisions for Contracting and Purchasing, and §100.105, Application to Public Senior College or University Charters and Public Junior College Charters, were repealed effective September 19, 2014, to align SBOE rules with the TEC, Chapter 12, Subchapters D and E, as amended by Senate Bill (SB) 2, 83rd Texas Legislature, Regular Session, 2013.

The review of 19 TAC Chapter 100, Subchapters A and B, was presented to the Committee on School Initiatives for discussion in January 2016.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
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 Subchapters A or B are recommended as a result of the review.

RULE REVIEW: The Texas Education Agency (TEA) filed the review of 19 TAC Chapter 100, Subchapters A and B, with the Texas Register following the January 2016 SBOE meeting. If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the April 2016 SBOE meeting. The notice of adopted review will state that the SBOE finds the reasons for adopting 19 TAC Chapter 100, Subchapters A and B, continue to exist. Any public comments received during the review of 19 TAC Chapter 100, Subchapters A and B, will also be filed.

The filing of the notice of 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.

FISCAL IMPACT: None.

PUBLIC AND STUDENT BENEFIT: The rules in 19 TAC Chapter 100, Subchapters A and B, help to define the processes by which charter schools provide new avenues for local restructuring, flexibility, innovation, and choice options for parents and students.

PROCEDURAL AND REPORTING IMPLICATIONS: None.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
None.

PUBLIC COMMENTS: Following the January 2016 SBOE meeting, notice of the proposed review of 19 TAC Chapter 100, Subchapters A and B, was filed with the Texas Register, initiating the official public comment period for the review. At the time this item was prepared, no public comments had been received. A summary of any public comments received regarding the proposed review will be provided to the SBOE during the April 2016 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

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:
Sally Partridge, Associate Commissioner
Accreditation and School Improvement

Heather Mauzé, Director
Charter School Administration

Attachments:
I. Statutory Citations (PDF, 21KB)
II. Text of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters (PDF, 23KB)