| (a) Any interested person as defined in Texas Government
Code (TGC), §2001.021(d), may petition for the adoption, amendment,
or repeal of a rule of the State Board of Education (SBOE) by filing
a petition on the form provided in this subsection. The petition shall
be signed and submitted to the Texas Education Agency (TEA). The TEA
staff responsible for the area with which the rule is concerned shall
evaluate the merits of the petition to determine whether to recommend
that rulemaking proceedings be initiated or that the petition be denied.
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(b) In accordance with TGC, §2001.021, the TEA
staff must respond to the petitioner within 60 calendar days of receipt
of the petition.
(1) Where possible, the TEA staff recommendation concerning
the petition shall be placed on the next SBOE agenda, and the SBOE
shall act on the petition within 60 calendar days.
(2) Where the time required to review the petition
or the scheduling of SBOE meetings will not permit the SBOE to act
on the petition within the required 60 calendar days, the TEA staff
shall respond to the petitioner within the required 60 calendar days,
notifying the petitioner of the date of the SBOE meeting at which
the TEA staff recommendation will be presented to the SBOE for action.
(c) The SBOE will review the petition and the TEA staff
recommendation and will either deny the petition, giving reasons for
the denial, or direct the TEA staff to begin the rulemaking process.
The TEA staff will notify the petitioner of the SBOE's action related
to the petition.
(d) The SBOE may deny a petition on the following grounds:
(1) the SBOE does not have jurisdiction or authority
to propose or adopt the petitioned rule;
(2) the petitioned rule conflicts with a statute, court
decision, another rule proposed or adopted by the SBOE, or other law;
(3) the SBOE determines that a different proceeding,
procedure, or act more appropriately addresses the subject matter
of the petition than initiating a rulemaking proceeding;
(4) the petitioner files a petition:
(A) within one year of the SBOE denying a petition
on a similar rule or the same subject matter; or
(B) to amend a rule proposed or adopted by the SBOE
that has not yet become effective; or
(5) any other reason the SBOE determines is grounds
for denial.
(e) If the SBOE initiates rulemaking procedures in
response to a petition, the rule text which the SBOE proposes may
differ from the rule text proposed by the petitioner.
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| Source Note: The provisions of this §30.1 adopted to be effective December 5, 2004, 29 TexReg 11339; amended to be effective April 26, 2009, 34 TexReg 2531; amended to be effective May 23, 2017, 42 TexReg 2722; amended to be effective June 13, 2021, 46 TexReg 3518 |
