Part 2.
TEXAS EDUCATION AGENCY
Chapter 61.
SCHOOL DISTRICTS
Subchapter A. BOARD OF TRUSTEES RELATIONSHIP
19 TAC §61.1
The State Board of Education (SBOE) adopts an amendment to §61.1,
concerning continuing education for school board members, with changes to
the proposed text as published in the December 6, 2002, issue of the
The adopted revision in subsection (b)(1)(B) and (b)(1)(C) removes reference
to January 1, 1997.
The adopted revision in subsection (b)(1)(B) also provides that two topics,
in particular, be included in the basic orientation. These two topics, parental
rights and responsibilities and health education, are currently included in
the training manual.
The adopted revision in subsection (b)(1)(D) clarifies that the update
to the basic orientation to the TEC can be provided by education service centers
or any registered provider. A technical edit was adopted in subsection (b)(2)
for consistency when referencing registered providers.
The adopted revision in subsection (b)(3)(B) specifies that following their
first year of service, board members may, under certain provisions, use online
training to fulfill the annual five hours of continuing education in fulfillment
of assessed needs. The revision also specifies that the provider of the online
training shall determine the clock hours to be awarded for successful completion
of the online course and provide verification of completion.
In response to public comments, language was added to subsection (b)(3)(A),
permitting first-year board members to fulfill up to five hours of the ten-hour
requirement for need-specific continuing education through online instruction
by a registered provider. This revision specifies that the online training
must include interactive activities that assess learning. The provider of
the online training shall determine the clock hours to be awarded for successful
completion of the online course and provide verification of completion.
In addition, a technical edit was made to subsection (f) to accommodate
the revision made in subsection (b)(1)(D) by including a cross reference addressing
registered course providers.
The following comments were received regarding adoption of the amendment.
Comment. Relating to 19 TAC §61.1(b)(1)(B), the American Cancer Society
(ACS) stated that it supports the inclusion of information on school health
advisory councils and health instruction in the required orientation for school
board members. ACS further stated that this inclusion helps ensure that students
receive daily physical activities, have a school health advisory council,
and implement the required health program.
Agency response. The Agency agrees with this comment and supports the practice
of continuing to include the topic of health education in the training manual
for board members.
Comment. Relating to 19 TAC §61.1(b)(3)(A), both the Texas Association
of School Boards (TASB) and the Texas Association of School Business Officials
(TASBO) stated that they recommend that first-year local board members be
allowed to fulfill up to five hours of the required ten hours of need- specific
continuing education through online course work. They further stated that,
with timing sometimes a critical factor, online courses can make continuing
education on specific topics available when needed without requiring extraordinary
expense for the board member. They further emphasized that such instruction
must include opportunities for interaction with the instructor, discussion
sections that incorporate feedback from the instructor, and frequent opportunities
to contact the instructor by e-mail.
Agency response. The Agency agrees with this comment and the section has
been modified to incorporate this revision.
The amendment is adopted under Texas Education Code, §11.159,
which authorizes the State Board of Education to provide a training course
for independent school district trustees.
The amendment implements the TEC, §11.159.
§61.1.Continuing Education for School Board Members.
(a)
Under the Texas Education Code, §11.159, the State
Board of Education (SBOE) shall adopt a framework for governance leadership
to be used in structuring continuing education for school board members. Copies
of the framework shall be sent annually to the president of each board of
trustees to be distributed to all current board members and the superintendent.
(b)
The continuing education required under the Texas Education
Code, §11.159, applies to each member of an independent school district
board of trustees. The continuing education requirement consists of orientation
sessions, an annual team building session with the local board and the superintendent,
and specified hours of continuing education based on identified needs. The
superintendent's participation in team building sessions as part of the continuing
education for board members shall represent one component of the superintendent's
ongoing professional development.
(1)
Each school board member of an independent school district
shall receive a local district orientation and an orientation to the Texas
Education Code.
(A)
Each new board member shall participate in a local district
orientation session within 60 days before or after the board member's election
or appointment. The purpose of the local orientation is to familiarize new
board members with local board policies and procedures and district goals
and priorities.
(B)
A sitting board member shall receive a basic orientation
to the Texas Education Code and relevant legal obligations. The orientation
shall have special but not exclusive emphasis on statutory provisions related
to governing Texas school districts. The orientation shall be delivered by
regional education service centers (ESCs) and shall be three hours in length.
Topics shall include, but not be limited to, Texas Education Code, Chapter
26 (Parental Rights and Responsibilities), and Texas Education Code, §28.004
(Local School Health Education Advisory Council and Health Education Instruction).
(C)
A newly elected board member of an independent school district
shall receive the orientation to the Texas Education Code within the first
year of service. The orientation shall be delivered by ESCs and shall be three
hours in length.
(D)
After each session of the Texas Legislature, including
each regular session and called session related to education, each school
board member shall receive an update from an ESC or any registered provider
to the basic orientation to the Texas Education Code. The update session shall
be of sufficient length to familiarize board members with major changes in
the code and other relevant legal developments related to school governance.
A board member who has attended an ESC basic orientation session that incorporates
the most recent legislative changes is not required to attend an update.
(2)
The entire board, including all board members, shall annually
participate with their superintendent in a team building session facilitated
by the ESC or any registered provider. The team building session shall be
of a length deemed appropriate by the board, but generally at least three
hours. The purpose of the team building session is to enhance the effectiveness
of the board-superintendent team and to assess the continuing education needs
of the board-superintendent team. The assessment of needs shall be based on
the framework for governance leadership and shall be used to plan continuing
education activities for the year for the governance leadership team.
(3)
In addition to the continuing education requirements in
paragraph (1) and paragraph (2) of this subsection, each board member shall
receive additional continuing education on an annual basis in fulfillment
of assessed needs and based on the framework for governance leadership. The
continuing education sessions may be provided by ESCs or other registered
providers.
(A)
In a board member's first year of service, he or she shall
receive at least ten hours of continuing education in fulfillment of assessed
needs. Up to five of the required ten hours may be fulfilled through online
instruction, provided that the training is designed and offered by a registered
provider, incorporates interactive activities that assess learning and provide
feedback to the learner, and offers an opportunity for interaction with the
instructor. The registered provider shall determine the clock hours of training
credit to be awarded for successful completion of an online course and shall
provide verification of completion as required in subsection (g) of this section.
(B)
Following a board member's first year of service, he or
she shall receive at least five hours of continuing education annually in
fulfillment of assessed needs. A board member may fulfill the five hours of
continuing education through online instruction, provided that the training
is designed and offered by a registered provider, incorporates interactive
activities that assess learning and provide feedback to the learner, and offers
an opportunity for interaction with the instructor. The registered provider
shall determine the clock hours of training credit to be awarded for successful
completion of an online course and shall provide verification of completion
as required in subsection (g) of this section.
(C)
A board president shall receive continuing education related
to leadership duties of a board president as some portion of the annual requirement.
(c)
No continuing education shall take place during a school
board meeting unless that meeting is called expressly for the delivery of
board member continuing education. However, continuing education may take
place prior to or after a legally called board meeting in accordance with
the provisions of the Government Code, §551.001(4).
(d)
An ESC board member continuing education program shall
be open to any interested person, including a current or prospective board
member.
(e)
A registration fee shall be determined by ESCs to cover
the costs of providing continuing education programs offered by ESCs.
(f)
A private or professional organization, school district,
government agency, college/university, or private consultant shall register
with the Texas Education Agency (TEA) to provide the board member continuing
education required in subsections (b)(1)(D), (b)(2), and (b)(3) of this section.
(1)
The registration process shall include documentation of
the provider's training and/or expertise in the activities and areas covered
in the framework for governance leadership.
(2)
An updated registration shall be required of a provider
of continuing education every three years.
(3)
A school district that provides continuing education exclusively
for its own board members is not required to register.
(g)
The provider of continuing education shall provide verification
of completion of board member continuing education to the individual participant
and to the participant's school district. The verification must include the
provider's registration number.
(h)
At least 50% of the continuing education required in subsection
(b)(3) of this section shall be designed and delivered by persons not employed
or affiliated with the board member's local school district. No more than
one hour of the required continuing education that is delivered by the local
district may utilize self-instructional materials.
(i)
To the extent possible, the entire board shall participate
in continuing education programs together.
(j)
Annually, at the meeting at which the call for election
of board members is normally scheduled, the current president of each local
board of trustees shall announce the name of each board member who has completed
the required continuing education, who has exceeded the required hours of
continuing education, and who is deficient in the required continuing education.
The president shall cause the minutes of the local board to reflect the information
and shall make this information available to the local media.
(k)
Annually, SBOE shall commend those local board-superintendent
teams that receive at least eight hours of the continuing education specified
in subsection (b)(2) and subsection (b)(3) of this section as an entire board-superintendent
team.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 17, 2003.
TRD-200302517
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Effective date: May 7, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 463-9701
19 TAC §§62.1001, 62.1011, 62.1031, 62.1041, 62.1051, 62.1061
The Texas Education Agency (TEA) adopts amendments to §§62.1001,
62.1011, 62.1031, 62.1041, 62.1051, and 62.1061, concerning the equalized
wealth level, without changes to the proposed text as published in the February
7, 2003, issue of the
Texas Register
(28 TexReg
1035) and will not be republished. These sections establish provisions relating
to authority of trustees and durations of agreements; election duties of board
of trustees; date of agreement for purposes of determining election date;
weighted students in average daily attendance for purposes of tax rate rollback;
definition of parcel detached and annexed by the commissioner of education;
and election of trustees of district consolidated by the commissioner. The
adopted amendments update statutory references to current provisions of the
Texas Education Code (TEC).
In 1993, the 73rd Texas Legislature created the current wealth equalization
system in TEC, Chapter 36. Subsequently in 1995, the 74th Texas Legislature
moved the wealth equalization provisions in the TEC from Chapter 36 to Chapter
41. At that same time, TEC, Chapter 16, pertaining to the Foundation School
Program was recodifed as Chapter 42. The changes adopted in 19 TAC §§62.1001,
62.1011, 62.1031, 62.1041, 62.1051, and 62.1061 modify statutory references
to correspond to current codification.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Education Code, §41.006,
which authorizes the commissioner to adopt rules necessary for the implementation
of TEC, Chapter 41, Equalized Wealth Level.
The amendments implement Texas Education Code, §41.006.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 17, 2003.
TRD-200302518
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Effective date: May 7, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 463-9701
Subchapter AA. COMMISSIONER'S RULES CONCERNING FINANCIAL ACCOUNTABILITY RATING SYSTEM
Chapter 62.
COMMISSIONER'S RULES CONCERNING THE EQUALIZED WEALTH LEVEL
Chapter 109.
BUDGETING, ACCOUNTING, AND AUDITING