September 2015 Committee on Instruction Item 4
Proposed Repeal of 19 TAC Chapter 102, Educational Programs, Subchapter A, Grants, §102.1, State Engineering and Science Recruitment Fund (SENSR) Grant Program
(Second Reading and Final Adoption)
September 11, 2015
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 102, Educational Programs, Subchapter A, Grants, §102.1, State Engineering and Science Recruitment Fund (SENSR) Grant Program. The proposed repeal would remove language related to the SENSR Grant Program adopted to be effective in 2006. The rule's authorizing statute was repealed by Senate Bill (SB) 215, 83rd Texas Legislature, Regular Session, 2013.
STATUTORY AUTHORITY: Texas Education Code (TEC), §51.603 and §51.605, as repealed by SB 215, 83rd Texas Legislature, Regular Session, 2013.
TEC, §51.603, created a special fund in the State Treasury for engineering and science recruitment. TEC, §51.605, required the State Board of Education (SBOE) to adopt guidelines for the allocation of this fund. TEC, §51.603 and §51.605, were repealed by SB 215, 83rd Texas Legislature, Regular Session, 2013.
EFFECTIVE DATE: The proposed effective date of the proposed repeal is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the 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 2016-2017 school year. The earlier effective date will immediately repeal a rule that no longer has statutory authority to avoid confusion.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC Chapter 102, Subchapter A, effective May 28, 2006. The SBOE adopted the review of 19 TAC Chapter 102, Subchapter A, at the July 2011 SBOE meeting. At the July 2015 meeting, the SBOE approved the proposed repeal of 19 TAC §102.1 for first reading and filing authorization.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SENSR Fund was created by the 70th Texas Legislature, 1987, through the TEC, Chapter 51, Provisions Generally Applicable to Higher Education, Subchapter M, Engineering and Science Recruitment Fund. The SENSR grant was administered by the Texas Education Agency (TEA), in collaboration with the Texas Higher Education Coordinating Board, through a request for applications for several years. Statute required the SBOE to adopt rules for administration of the grant. In 2013, SB 215, 83rd Texas Legislature, repealed the statute authorizing the SENSR grant program. As a result, the proposed repeal would remove the rule related to the eliminated program.
At the July 2015 SBOE meeting, the board approved the proposed repeal of 19 TAC §102.1 for first reading and filing authorization. No changes are recommended since approved for first reading. Attachment II reflects the text of the proposed repeal of 19 TAC Chapter 102, Subchapter A, Grants, §102.1, State Engineering and Science Recruitment Fund (SENSR) Grant Program, for consideration by the SBOE for second reading and final adoption.
FISCAL IMPACT: The TEA 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 eliminate language related to the SENSR program to align with statute and avoid confusion.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed repeal would have no procedural and reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed repeal would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the July 2015 SBOE meeting, notice of the proposed repeal of 19 TAC §102.1 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 at the September 2015 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 proposed repeal of 19 TAC Chapter 102, Educational Programs, Subchapter A, Grants, §102.1, State Engineering and Science Recruitment Fund (SENSR) Grant Program, 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
Shelly Ramos, Division Director
Curriculum
Attachments:
I. Statutory Citations (PDF, 21KB)
II. Text of Proposed Repeal of 19 TAC Chapter 102, Educational Programs, Subchapter A, Grants, §102.1, State Engineering and Science Recruitment Fund (SENSR) Grant Program (PDF, 24KB)