April 2014 Committee on Instruction Item 4

Proposed Repeal of 19 TAC Chapter 89, Adaptations for Special Populations,
Subchapter B, Adult Basic and Secondary Education
(First Reading and Filing Authorization)

April 11, 2014

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item presents for first reading and filing authorization the proposed repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education. The proposed repeal would eliminate rules that are no longer necessary as a result of statutory changes passed by the 83rd Texas Legislature, Regular Session, 2013. Authority to administer this program has been transferred to another state agency.

STATUTORY AUTHORITY: Senate Bill (SB) 307, Section 2.06, 83rd Texas Legislature, Regular Session, 2013, which repealed Texas Education Code (TEC), §§7.102(c)(16), 29.253, and 29.2535.

EFFECTIVE DATE: The proposed effective date of the proposed repeal of 19 TAC Chapter 89, Subchapter B, is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the State Board of Education (SBOE) must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2014-2015 school year. The earlier effective date will immediately repeal rules to reflect the transfer of authority.

PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 89, Subchapter B, effective September 1, 1996. Additional rules were adopted effective July 1, 2010. Rules in 19 TAC Chapter 89, Subchapter B, were last amended effective February 28, 2013.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: In September 1996, the SBOE adopted 19 TAC Chapter 89, Subchapter B, to establish rules for Adult Basic and Secondary Education. In July 2010 additional rules were adopted in 19 TAC Chapter 89, Subchapter B, to reflect state statute at that time.  In September 1999, December 2006, July 2010, and February 2013, the SBOE adopted amendments to 19 TAC Chapter 89, Subchapter B, to incorporate minor edits necessary to bring the rules into alignment with state statute at that time.

In June 2013, the 83rd Texas Legislature enacted SB 307, which transferred adult education and literacy programs from the Texas Education Agency to the Texas Workforce Commission. This change in statute requires the repeal of administrative rules in 19 TAC Chapter 89, Subchapter B.

FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT: The proposed repeal would update the Texas Administrative Code to reflect the transfer of authority to administer the program.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed repeal would have no procedural and reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed repeal would have no locally maintained paperwork requirements.

PUBLIC COMMENTS: The official public comment period will begin when the repeal is published as proposed in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization the proposed repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education.

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs

Jan Lindsey, Associate Director
Federal and State Education Policy

Stacy Avery, Manager
Federal and State Education Policy

Attachments:
I. Statutory Citations (PDF, 13KB)
II. Text of Proposed Repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education (PDF, 52KB)