Part 2.
TEXAS EDUCATION AGENCY
Chapter 100.
CHARTERS
Subchapter AA. COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS
The Texas Education Agency (TEA) adopts an amendment to §100.1011
and new §§100.1102- 100.1108, concerning open-enrollment charter
schools, without changes to the proposed text as published in the March 28,
2003, issue of the
Texas Register
(28 TexReg
2690) and will not be republished. Section 100.1011 specifies provisions relating
to definitions. The adopted amendment and new sections relate to charter school
board and officer training mandated by House Bill (HB) 6, 77th Texas Legislature,
2001.
Texas Education Code (TEC), §12.123, added by HB 6, 77th Texas Legislature,
2001, requires that the commissioner adopt rules prescribing training for
members of charter holder governing bodies, members of charter school governing
bodies, and charter school officers. Prior to the passage of HB 6, no training
was required for these entities.
The following comments were received regarding adoption of the proposed
rule action.
Comment. A member of the governing body of a charter school stated that
the requirement that members of the governing body of a charter holder submit
to training regarding charter schools is onerous. He asked if the commissioner
would reduce the training requirement for the charter holder board to one
hour per year. He also requested that trainer qualification requirements be
relaxed so that a member of the governing body of a charter school would qualify
to train the members of the governing body of a charter holder. Additionally,
he proposed that online or self-training be allowed.
Agency Response. The agency disagrees with the comment. The Texas Legislature
determined in TEC, §12.123, that governing body members should receive
appropriate training in certain subjects listed in statute. These subjects
can not be taught meaningfully in one hour. The rules as proposed do not prohibit
any person from satisfying the requirements to become an approved course provider.
The rules as proposed do not preclude the offering of a training course through
multiple media, including computer-based training materials delivered via
the Internet, so long as the requirements for documenting successful completion
of the course are met. This issue can be addressed via the course provider
approval process. Self-training is not appropriate.
Comment. A chief operating officer of a charter holder stated that the
training requirements were burdensome to parent members of the governing body
of a charter school. In addition, he asked the commissioner to allow online
training.
Agency Response. The agency disagrees with the comment. The rules as proposed
do not preclude the offering of a training course through multiple media,
including computer-based training materials delivered via the Internet, so
long as the requirements for documenting successful completion of the course
are met. This issue can be addressed via the course provider approval process.
Parents, in their capacity as parents, have no training requirements. Should
a person who happens to be the parent of a student in a charter school undertake
to serve in the capacity of a member of the governing body of the charter
holder or charter school, then in that capacity the person must complete the
training associated with that position.
1.
GENERAL PROVISIONS
19 TAC §100.1011
The amendment is adopted under Texas Education Code, §12.123,
which authorizes the commissioner to adopt rules prescribing training for
members of charter holder governing bodies, members of charter school governing
bodies, and officers of charter schools.
The amendment implements Texas Education Code, §12.123.
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 May 19, 2003.
TRD-200303092
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Effective date: June 8, 2003
Proposal publication date: March 28, 2003
For further information, please call: (512) 463-9701
5.
CHARTER SCHOOL GOVERNANCE