19 TAC §53.1002
The Texas Education Agency (TEA) proposes new §53.1002,
concerning charter school representation on board of directors. The new section
is proposed to incorporate new provisions to conform to changes enacted by
House Bill (HB) 6, 77th Texas Legislature, 2001.
HB 6, 77th Texas Legislature, 2001, directed the commissioner to adopt
rules for a wide range of issues related to open-enrollment charter schools.
HB 6 included an amendment to Texas Education Code (TEC), §12.104, to
provide for representation of open-enrollment charter schools on the boards
of directors of regional educational service centers.
The proposed new section would establish provisions relating to a representative
of the open-enrollment charters schools in a region to serve as a non-voting
member of the board of directors of that regional education service center.
The proposed new rule specifies details regarding the charter school member,
term of office, and appointment process.
Susan Barnes, assistant commissioner for charter schools, has determined
that for the first five-year period the new section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the new section.
Ms. Barnes has determined that for each year of the first five years the
new section is in effect the public benefit anticipated as a result of enforcing
the new section will be that open-enrollment charter schools provide the public
with choices among public schools and innovation in education programs throughout
the state. The proposed new section would help charter schools gather information
and build relationships in order to better serve students. There will not
be an effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the new section.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Accountability Reporting and Research, 1701 North Congress Avenue, Austin,
Texas 78701, (512) 463-9701. Comments may also be submitted electronically
to
rules@tea.state.tx.us
or faxed to (512)
475- 3499. All requests for a public hearing on the proposed new section submitted
under the Administrative Procedure Act must be received by the commissioner
of education not more than 15 calendar days after notice of the proposal has
been published in the
Texas Register
.
The new section is proposed under the Texas Education Code (TEC), §12.104,
which authorizes the commissioner of education to adopt rules that provide
for the representation of open-enrollment charter schools on the boards of
directors of regional education service centers.
The new sections implement the TEC, §12.104.
§53.1002.Charter School Representation on Board of Directors.
(a)
Charter school member. Notwithstanding the provisions of §53.1001
of the title (relating to Board of Directors), where a regional education
service center (RESC) has at least one open-enrollment charter school located
within its boundaries, the commissioner of education shall appoint a representative
of the open-enrollment charter schools in the region to serve as a non-voting
member of the board of directors of that RESC.
(b)
Term of office.
(1)
A charter school member of an RESC board of directors shall
be appointed for a one-year term. The term of office shall begin June 1, and
may be extended for up to three years by the commissioner.
(2)
If a vacancy occurs due to death or resignation of a charter
school member of an RESC board of directors, a 30-day period shall elapse,
after notice has been given to the board chair, before the vacancy is filled.
(3)
At the beginning of the 30-day period, notice of any vacancy
shall be given to the president of the governing body and the chief executive
officer of each open-enrollment charter school in the education service center
region and shall be posted in appropriate locations.
(4)
A vacancy for the unexpired term of a charter school member
of an RESC board of directors shall be filled by appointment by the commissioner
of education.
(c)
Appointment process.
(1)
A charter school member of an RESC board of directors must
be a United States citizen and a resident of the State of Texas, and must
be at least 18 years of age. A person may be appointed to serve as a charter
school member of more than one RESC board of directors.
(2)
Any eligible person wishing to seek appointment as a charter
school member of an RESC board of directors shall file an application between
February 1 and February 20. The application shall be in the form of a letter
seeking appointment to a specific RESC board of directors. The letter must:
(A)
include a description of the applicant's qualifications
to serve as a charter member of the RESC board of directors;
(B)
enclose letters of support signed by representatives from
at least one open-enrollment charter school in the education service center
region; and
(C)
supply contact information for the persons signing the
letters of support.
(3)
The application for appointment as a charter school member
of an RESC board of directors may be filed by mail if sent by certified United
States mail, return receipt requested, or by an overnight courier service.
The envelope must be addressed to the Charter School Division, Texas Education
Agency, 1701 N. Congress Avenue, Austin, Texas 78701-1494.
(4)
Not later than May 31, the commissioner of education shall
notify the board of directors of each qualifying RESC of the commissioner's
appointee to serve as the charter school member of that RESC board of directors
effective June 1.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 4, 2002.
TRD-200201317
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Earliest possible date of adoption: April 21, 2002
For further information, please call: (512) 463-9701