Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members
(First Reading and Filing Authorization)

February 2, 2018

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

SUMMARY: This item presents for first reading and filing authorization the proposed amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members. The proposed amendment would reflect changes made by Senate Bill (SB) 1566, 85th Texas Legislature, Regular Session, 2017, to the State Board of Education's (SBOE's) duty to provide training courses for independent school district trustees.

STATUTORY AUTHORITY: Texas Education Code (TEC), §11.159, as amended by SB 1566, 85th Texas Legislature, Regular Session, 2017.

TEC, §11.159, as amended by SB 1566, 85th Texas Legislature, Regular Session, 2017, requires the SBOE to provide a training course for school board trustees, including three hours of training every two years on evaluating student academic performance.

EFFECTIVE DATE: The proposed effective date of the proposed amendment 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 2018-2019 school year. The earlier effective date will align the rule with SB 1566, which took effective September 1, 2017.

PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §61.1 effective March 1, 1996. Section 61.1 was last amended effective August 25, 2014. The SBOE adopted the Framework for School Board Development in January 1996 and revised the framework in July 2012. The proposed amendment to 19 TAC §61.1 was presented to the Committee on Initiatives for discussion at the November 2017 SBOE meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The TEC, §11.159, Member Training and Orientation, requires the SBOE to provide a training course for school board trustees. Section 61.1 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, and specified hours of continuing education based on identified needs.

SB 1566, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §11.159, to specify that the SBOE shall require board members to complete at least three hours of training every two years on evaluating student academic performance. The bill also outlines when a board member must complete this training.

The proposed amendment to §61.1 would implement SB 1566 as follows.

In subsection (b), proposed new paragraph (4) would be added to require the entire board to receive continuing education on evaluating student academic performance. The purpose of the proposed training would be to provide research-based information to board members designed to support the oversight role of the board of trustees outlined in the TEC, §11.1515. Proposed new paragraph (4) would specify when board members must take the training, who may provide the training, and the required length of the training.

Subsection (j) would be amended to require the school board president to announce board member continuing education training outcomes at either the last regular meeting of the board of trustees before an election of trustees or, for years in which an election will not be held, at the regular meeting preceding the uniform election date at which board members are regularly elected for the school district. If the minutes from that meeting reflect that a trustee is deficient in training, the minutes would be required to be posted on the district's Internet website within 10 business days of the meeting and remain on the website until any trustee training deficits have been corrected.

In addition, the following changes would be made.

Subsection (b)(1)(A) would be amended to allow a new board member to participate in a local district orientation session within one year before the board member's election or appointment.

Subsection (b)(2) would be amended to specify that the required team-building session must be three hours in length.

Subsection (d) would be amended to specify that a district is not responsible for any costs to train an individual who is not a current board member.

Subsection (f)(4) would be added to clarify that an ESC is not required to register as a provider.

New subsection (l) would be added to provide for an annual commendation for local board-superintendent teams that earn a Lone Star Governance certificate.

FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the proposed amendment. In addition, there is 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. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT: TEA staff has determined that the proposed amendment does have a government growth impact pursuant to Texas Government Code, §2001.0221.

The proposed amendment would create a new regulation. The proposal would require a trustee to complete at least three hours of training every two years on evaluating student academic performance. A new trustee must complete the training with an authorized provider within 120 days after the date of the trustee's election or appointment and a returning trustee to complete the training by the second anniversary of the completion of the trustee's previous training.

The proposed amendment would repeal the board president's requirement to have the minutes of the last regular meeting held during a calendar year reflect whether any trustees are delinquent in meeting training required as of the date of the meeting. The board president was also required to make that information available to the local media. The proposed amendment, in place of the deleted regulation, would create a new regulation.

The proposed amendment would require that the minutes of the last regular meeting of the board of trustees held before an election of trustees reflect whether each trustee has met or is deficient in meeting the training required by the SBOE for the trustee as of the first anniversary of the date of the trustee's election or appointment. The proposed amendment would require the district, if the minutes reflect that a trustee is deficient, to post the minutes on the district's Internet website within 10 business days of the meeting and maintain the posting until the trustee meets the requirements.

PUBLIC AND STUDENT BENEFIT: The proposed amendment would align the rule with statute and support school boards in providing oversight regarding student academic achievement and strategic leadership for maximizing student performance.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no impact on current procedural and reporting requirements. Board training updates must continue to be disseminated, noted in the minutes, and announced at a regular meeting of the board of trustees.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would impact locally maintained paperwork requirements. In accordance with current 19 TAC §61.1, verification of completion of board member continuing education must be maintained by the participant and participant's school district. Minutes of the board meeting in which continuing education hours obtained by each board member are announced must also be maintained locally. Previously, statute required this meeting to take place at the last board meeting held during a calendar year. SB 1566, 85th Texas Legislature, Regular Session, 2017, updated this requirement such that this board meeting is to take place before the election of trustees. In addition, SB 1566 also requires the minutes of this board meeting to be posted to the district website if those minutes reflect that a trustee is deficient in any SBOE-required continuing education.

PUBLIC COMMENTS: The public comment period will begin when the proposal, approved for first reading and filing authorization by the SBOE, is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization the proposed amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members.

Staff Members Responsible:
A.J. Crabill, Deputy Commissioner
Governance

Jeff Cottrill, Director
School Governance

Attachments:
I. Statutory Citation (PDF, 18KB)
II. Text of Proposed Amendment to 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, §61.1, Continuing Education for School Board Members (PDF, 35KB)