Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education
(Second Reading and Final Adoption)
May 21, 2010
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education. The proposed revisions would reflect changes resulting from the General Appropriations Act, Senate Bill (SB) 1, Article III, Rider 46, 81st Texas Legislature, 2009. No additional changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(16) and §29.253, and General Appropriations Act, SB 1, Article III, Rider 46, 81st Texas Legislature, 2009.
EFFECTIVE DATE: The proposed effective date of the proposed revisions to 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 2010-2011 school year. The earlier effective date is necessary to coincide with the start of the federal program year, July 1, 2010.
PREVIOUS BOARD ACTION: The SBOE adopted rules in 19 TAC Chapter 89, Subchapter B, to be effective September 1, 1996. Sections 89.21, 89.29, 89.30, 89.32, and 89.33 were amended to be effective December 25, 2006. Section 89.24 was amended to be effective September 1, 1999. A discussion item regarding the proposed revisions to 19 TAC Chapter 89, Subchapter B, was presented to the Committee on Instruction during the January 2010 meeting. The proposed revisions to 19 TAC Chapter 89, Subchapter B, were approved for first reading and filing authorization at the March 2010 SBOE meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: On June 19, 2009, the Governor signed the General Appropriations Act (SB 1), which then became effective on September 1, 2009. SB 1 requires that a new funding formula be allocated based on need for persons beyond the age of compulsory attendance who have not received a high school diploma and paid based on student performance and contact hours. Statutory authority for rule action relating to adult education remains with the SBOE.
As a result of the changes set forth under SB 1, Article III, Education, Rider 46, Adult Education, 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education, must be revised to reflect these changes and to ensure that adult education providers are in compliance with new funding requirements. The proposed revisions to 19 TAC Chapter 89, Subchapter B, shown in Attachment II, would amend or repeal existing rules and add new rules to reflect changes resulting from the General Appropriations Act, including the following.
Rules relating to definitions, use of funds, essential program components, and the advisory committee would be amended to incorporate updates, clarifications, and additional specifications.
Rules relating to tuition and fees, allowable and nonallowable expenditures, staff development and special projects, and evaluation of programs would be repealed and proposed as new rules, with no changes, in order to reorganize the subchapter to accommodate the new funding rules.
New rules would be added to address the new funding structure to be implemented beginning with school year 2010-2011, including allocation of funds, payment of funds, and match requirements.
New rules would also be added to establish provisions relating to potential grantees, revocation, and recovery of funds.
The proposed revisions were developed in consultation with adult education stakeholders. Two conference calls occurred between the Texas Education Agency (TEA) staff and adult education stakeholders in October 2009.
No additional changes are recommended since approved for first reading.
FISCAL IMPACT: The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed rule actions. 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 revisions to 19 TAC Chapter 89, Subchapter B, Adult Basic and Secondary Education, would provide adult education service providers a new funding formula to be allocated based on need for persons beyond the age of compulsory attendance who have not received a high school diploma and paid on student performance and contact hours. The benefits realized would be the provision of services to persons in greater need as well as encouraging increased performance from service providers.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed revisions would have no new procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed revisions would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the March 2010 SBOE meeting, notice of the proposed revisions to 19 TAC Chapter 89, Subchapter B, 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 and corresponding agency responses regarding the proposal will be provided to the SBOE during the May 2010 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that 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 revisions to 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.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Barbara Knaggs, Associate Commissioner
State Initiatives
Jan Lindsey, Senior Director
Dropout Prevention and College and
Career Readiness Initiatives
Attachments:
I. Statutory Citations
II. Text of Proposed Revisions to 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education