Chapter 250. Administration
Subchapter B. Rulemaking Procedures
(a) Any interested person, as defined in Texas Government Code, §2001.021, may petition for the adoption, amendment, or repeal of a rule of the State Board for Educator Certification (SBEC) by filing a petition on a form provided in this subsection. The petition shall be signed and submitted to the designated Texas Education Agency (TEA) office. The TEA staff shall evaluate the merits of the proposal to determine whether to recommend that rulemaking proceedings be initiated or that the petition be denied.
(b) In accordance with the Texas Government Code, §2001.021, the TEA staff must respond to the petitioner within 60 calendar days of receipt of the petition.
(1) Where possible, the recommendation concerning the petition shall be placed on the SBEC agenda, and the SBEC shall act on the petition within the 60-calendar-day time limit.
(2) Where the time required to review the petition or the scheduling of SBEC meetings will not permit the SBEC 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 SBEC meeting at which the recommendation will be presented to the SBEC for action.
(c) The SBEC will review the petition and the recommendation and will either direct the TEA staff to begin the rulemaking process or deny the petition, giving reasons for the denial. The TEA staff will notify the petitioner of the SBEC's action related to the petition.
(d) Without limitation to the reasons for denial in this subsection, the SBEC may deny a petition on the following grounds:
(1) the SBEC does not have jurisdiction or authority to propose or to adopt the petitioned rule;
(2) the petitioned rule conflicts with a statute, court decision, another rule proposed or adopted by the SBEC, or other law;
(3) the SBEC determines that a different proceeding, procedure, or act more appropriately addresses the subject matter of the petition than initiating a rulemaking proceeding; or
(4) the petitioner is inappropriately using the opportunity to file a rulemaking petition under this section, as evidenced by filing a petition:
(A) before the fourth anniversary of the SBEC's having previously considered and rejected a similar rule on the same subject matter; or
(B) to amend a rule proposed or adopted by the SBEC that has not yet become effective.
(e) If the SBEC initiates rulemaking procedures in response to a petition, the rule text which the SBEC proposes may differ from the rule text proposed by the petitioner.
Statutory Authority: The provisions of this §250.20 issued under the Texas Education Code, §21.035(b) and §21.041(a) and (b)(1), and the Texas Government Code, §2001.021.
Source: The provisions of this §250.20 adopted to be effective August 19, 2010, 35 TexReg 7067; amended to be effective October 27, 2014, 39 TexReg 8403; amended to be effective October 21, 2018, 43 TexReg 6843.
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