TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 97. PLANNING AND ACCOUNTABILITY

SUBCHAPTER EE. ACCREDITATION STATUS, STANDARDS, AND SANCTIONS

DIVISION 1. STATUS, STANDARDS, AND SANCTIONS

19 TAC §97.1073

The Texas Education Agency (TEA) adopts an amendment to §97.1073, concerning appointment of monitor, conservator, or board of managers. The amendment is adopted without changes to the proposed text as published in the November 9, 2018 issue of the Texas Register (43 TexReg 7431) and will not be republished. The adopted amendment clarifies who must complete the training in effective leadership strategies required under Texas Education Code (TEC), §39A.205, and specifies a timeframe for completion.

REASONED JUSTIFICATION. Section 97.1073 implements TEC, §39A.205, by establishing criteria and procedures for the appointment of monitor, conservator, or board of managers.

The adopted amendment clarifies in subsection (h) that elected board of trustees members who are appointed to a board of managers under subsection (g)(4) must complete the training in effective leadership strategies required under TEC, §39A.205. This change is necessary to make clear that board of trustees members who are appointed to serve on a board of managers are expected to be trained in effective leadership strategies. The adopted amendment additionally clarifies in subsection (h) that the training in effective leadership strategies required under TEC, §39A.205, must be provided by TEA-approved authorized providers, which were not in existence at the time the rule was initially adopted. Finally, the adopted amendment requires in subsection (i) that the training be completed by board of trustees members appointed under subsection (g)(4) prior to or within 10 days of the appointment and that failure to do so may result in the removal of the trustee from the board of managers. This will ensure that new members receive the required training in a timely manner during the period of the board of managers appointment.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began November 9, 2018, and ended December 10, 2018. No public comments were received.

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code, §39A.205, which requires the commissioner of education to provide individuals appointed to a board of managers with training in effective leadership strategies.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §39A.205.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 15, 2019.

TRD-201900120

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: February 4, 2019

Proposal publication date: November 9, 2018

For further information, please call: (512) 475-1497