July 2014 Committee on Instruction Item 2

Proposed Repeal of 19 TAC Chapter 89, Adaptations for Special Populations,
Subchapter B, Adult Basic and Secondary Education
(Second Reading and Final Adoption)

July 18, 2014

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item presents for second reading and final adoption 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. No changes
are recommended since approved for first reading.

STATUTORY AUTHORITY: Senate Bill (SB) 307, Section 2.06, 83rd Texas Legislature, Regular Session, 2013, which repealed Texas Education Code (TEC), §§7.102(c)(16), 29.253, 29.2531, 29.2535, and 29.254.

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.

At the April 2014 meeting, the SBOE approved the proposed repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education, for first reading and filing authorization.

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, Regular Session 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.

No changes are recommended since approved for first reading.

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: Following the April 2014 SBOE meeting, notice of the proposed repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education, was filed with the Texas Register, initiating the official public comment period. No comments had been received at the time this item was prepared. A summary of any public comments received regarding the proposal will be provided to the SBOE during the July 2014 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

MOTION TO BE CONSIDERED: The State Board of Education:

By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption the proposed repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education, with an effective date of 20 days after filing as adopted with the Texas Register.

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

Jan Lindsey, Assistant Director
Federal and State Education Policy

Stacy Avery, Manager
Federal and State Education Policy

Attachments:
I. Statutory Citations (PDF, 18KB)
II. Text of Proposed Repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education (PDF, 55KB)