Committee adopts substitute clarifying State Board rulemaking authority

Feb 17, 2026

The committee adopted the first substitute to HB129 to clarify that the State Board of Education's rulemaking authority is delegated by statute and not inherent; the substitute was adopted and the bill was favorably recommended but a motion to place it on the consent calendar failed.

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A sponsor explained that current statute is unclear about the extent of the State Board of Education’s rulemaking authority and sometimes allows the board to take on what the sponsor described as legislative roles. The first substitute to HB129 was presented to clarify that the State Board may make rules only when required by statute or when necessary to implement statutory requirements, emphasizing that rulemaking is a delegated legislative authority rather than inherent to the board.

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