April 4, 2019 Committee on School Initiatives

April 4, 2019

9 a.m.

COMMITTEE ON SCHOOL INITIATIVES – ROOM 1-111
Members: Barbara Cargill, chair; Marisa B. Perez-Diaz, vice chair; Ruben Cortez, Jr; Keven Ellis;
Matt Robinson. A quorum of the State Board of Education may attend the committee meeting and discuss items on the committee agenda.


Public testimony – Individual testimony will be taken at the time the related item comes up for
Committee discussion or action.
The procedures for registering and taking public testimony at State Board of Education committee meetings and general board meetings are provided online.

1. Adoption of Review of 19 TAC Chapter 157, Hearings and Appeals, Subchapter A, General Provisions for Hearings Before the State Board of Education, and Subchapter D, Independent Hearing Examiners
(Adoption of Review)


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 TAC Chapter 157, Hearings and Appeals, Subchapter A, General Provisions for Hearings Before the State Board of Education, and Subchapter D, Independent Hearing Examiners. Subchapter A establishes the procedures for appeals heard by the SBOE regarding administrative penalties for violations of textbook requirements. Subchapter D sets forth the certification criteria for independent hearing examiners who conduct due process termination, nonrenewal, and suspension without pay hearings at the school district level. The statutory authority for the rule review is the Texas Government Code (TGC), §2001.039. The statutory authority for 19 TAC Chapter 157, Subchapter A, is Texas Education Code (TEC), §31.151, and TGC, §2001.004. The statutory authority for Subchapter D is TEC, §21.252(a).
 
COMMITTEE – ACTION
SBOE – ACTION


2. Discussion of Proposed Amendment 19 TAC Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners

This item provides an opportunity for the committee to discuss a proposed amendment to 19 TAC Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners. The proposed amendment would allow the commissioner of education to take action against the certificate of independent hearing examiner if it is determined that the law firm with which the independent hearing examiner is associated, during the time the independent hearing examiner has been certified, meets specified criteria. Statutory authority for this item is the Texas Education Code (TEC), §21.252.

COMMITTEE – DISCUSSION
SBOE – NO ACTION


3. Open-Enrollment Charter School Generation 24 Application Updates

The director of the Division of Charter School Administration will discuss updates regarding the Generation Twenty-Four Open-Enrollment Charter Application cycle. Statutory authority for this item is the Texas Education Code (TEC), §12.110.

COMMITTEE – DISCUSSION
SBOE – NO ACTION


4. Recommendation for Appointments to the Boys Ranch School Independent School District (ISD) Board of Trustees

This item provides an opportunity for board consideration of two appointments to the board of trustees of the Boys Ranch Independent School District. The appointments are necessary due to the expiration of the term of office for two board members. Statutory authority for this action item is the Texas Education Code (TEC), §11.352 and Texas Administrative Code (TAC) §61.2.

COMMITTEE – ACTION
SBOE - CONSENT