Proposed New 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.3, School Safety Training for School Board Members
(Second Reading and Final Adoption)

April 8, 2022

COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: CONSENT

SUMMARY: This item presents for second reading and final adoption proposed new 19 Texas Administrative Code (TAC) Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.3, School Safety Training for School Board Members. The proposed new rule would reflect changes made by House Bill (HB) 690, 87th Texas Legislature, Regular Session, 2021, to the State Board of Education's (SBOE's) duty to provide training courses for independent school district trustees. No changes are recommended since approved for first reading.

STATUTORY AUTHORITY: Texas Education Code (TEC), §11.159(b-1), as added by HB 690, 87th Texas Legislature, Regular Session, 2021.

TEC, §11.159(b-1), as added by HB 690, 87th Texas Legislature, Regular Session, 2021, obligates the SBOE to require trustees to complete training on school safety. The SBOE, in coordination with the Texas School Safety Center, was required to develop the curriculum and materials for the training by January 1, 2022.

The full text of statutory citations can be found in the statutory authority section of this agenda.

EFFECTIVE DATE: The proposed effective date of the proposed new section is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2022-2023 school year. The earlier effective date is necessary to allow school districts to begin preparing for implementation of the new section.

PREVIOUS BOARD ACTION: The SBOE approved the school safety training curriculum and materials developed by the Texas School Safety Center at its November 2021 meeting. A discussion item regarding a new rule related to the school safety training was presented to the Committee on School Initiatives at its November 2021 meeting. At its January 2022 meeting, the SBOE approved proposed new 19 TAC §61.3 for first reading and filing authorization.

BACKGROUND INFORMATION AND JUSTIFICATION: TEC, §11.159, Member Training and Orientation, requires the SBOE to provide a training course for school board trustees. Chapter 61, Subchapter A, addresses this statutory requirement. School board trustee training under current SBOE rule includes a local school district orientation session, a basic orientation to the TEC, an annual team-building session with the local school board and the superintendent, specified hours of continuing education based on identified needs, training on evaluating student academic performance, and training on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children.

HB 690, 87th Texas Legislature, Regular Session, 2021, added new TEC, §11.159(b-1), which required that the SBOE, in coordination with the Texas School Safety Center, develop the curriculum and materials for school safety training by January 1, 2022. At the September 2021 SBOE meeting, the board discussed an outline of the school safety training curriculum proposed by the Texas School Safety Center and provided feedback on the outline. The SBOE approved the school safety training curriculum and materials developed by the Texas School Safety Center at its November 2021 meeting.

New TEC, §11.159(b-1), also obligates the SBOE to require trustees to complete training on school safety. Proposed new §61.3 would codify the school safety training requirement in rule.

No changes are recommended since approved for first reading.

FISCAL IMPACT: No changes have been made to this section since published as proposed.

The Texas Education Agency (TEA) has determined that there are no additional costs to state or local government required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed.

The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: No changes have been made to this section since published as proposed.

The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed.

The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: No changes have been made to this section since published as proposed.

The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: No changes have been made to this section since published as proposed.

TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create a new regulation by adding training on school safety to the existing required trustee training. The school safety training is required by TEC, §11.159(b-1), as added by HB 690, 87th Texas Legislature, Regular Session, 2021.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed.

The proposal would implement legislation by describing the requirements for a new school safety training for school district trustees established by TEC, §11.159(b-1), as added by HB 690, 87th Texas Legislature, Regular Session, 2021. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed.

The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed.

The TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: Following the January 2022 SBOE meeting, notice of proposed new 19 TAC §61.3 was filed with the Texas Register, initiating the public comment period. The public comment period began February 25, 2022, and ended at 5:00 p.m. on April 1, 2022. No comments had been received at the time this item was prepared. A summary of public comments received will be provided to the SBOE during the April 2022 meeting. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in April 2022 in accordance with the SBOE board operating policies and procedures.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for second reading and final adoption proposed new 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.3, School Safety Training for School Board Members; and

Make an affirmative finding that immediate adoption of proposed new 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.3, School Safety Training for School Board Members, is necessary and shall have an effective date of 20 days after filing as adopted with the Texas Register. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)

Staff Members Responsible:
Jeffrey Cottrill, Deputy Commissioner, Governance and Accountability
Christopher Lucas, Director, Policy, Planning, and Operations, Governance and Accountability

Attachment:
Text of Proposed New 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.3, School Safety Training for School Board Members