Consideration of Petition for Adoption of Rule Concerning 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency, §89.43, Eligibility for a Texas Certificate of High School Equivalency
February 1, 2013
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: A petition to amend 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency, §89.43, Eligibility for a Texas Certificate of High School Equivalency, has been received from Ms. Bonnie Staples. The petition requests that a rule be changed to extend eligibility for a Texas certificate of high school equivalency to include a 16-year-old student who is pregnant or a parent. This item provides the opportunity for the State Board of Education (SBOE) to consider the petition.
STATUTORY AUTHORITY: Texas Government Code, §2001.021; 19 TAC §30.1; and TEC, §7.111.
EFFECTIVE DATE: None.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §89.43, Eligibility for a Texas Certificate of High School Equivalency, effective September 1, 1996. The rule was last amended effective December 11, 2011.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 89.43, shown in Attachment II of this item, addresses the requirements that must be met by an applicant for a certificate of high school equivalency, including residency, age, educational status, and minimum test scores. The rule sets forth specific age requirements in accordance with the TEC, §7.111.
Ms. Bonnie Staples has submitted to the SBOE a petition requesting a rule change to allow a student at the age of 16 to be able to take the Texas high school equivalency examination if the student is pregnant or is a mother or father. The petition, which provides the petitioner's rationale and justification, is presented in Attachment III of this item.
The Texas Education Agency staff recommends that the SBOE deny the petition based on the fact that the Texas Legislature has established in the TEC, §7.111, eligibility requirements for taking a Texas high school equivalency examination and has not given the SBOE rulemaking authority to adopt additional bases of eligibility.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: None.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Deny the petition for adoption of a rule concerning 19 TAC §89.43, Eligibility for a Texas Certificate of High School Equivalency, because the age and eligibility requirements are established in state law and may not be changed by SBOE rulemaking.
Staff Members Responsible:
Anita Givens, Associate Commissioner
Standards and Programs
Gene Lenz, Director
Federal and State Education Policy
Jan Lindsey, Assistant Director
Federal and State Education Policy
Stacy Avery, Manager
Federal and State Education Policy
Gina S. Day, Texas GED State Administrator,
Federal and State Education Policy
Attachments:
I. Statutory Citations (PDF, 145KB)
II. Text of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency, §89.43, Eligibility for a Texas Certificate of High School Equivalency (PDF, 14KB)
III. Petition for Adoption of Rule Concerning 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, Texas Certificate of High School Equivalency (PDF, 1121KB)