JLM H.B. 437 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
H.B. 437
By: Gutierrez
5-2-97
Committee Report (Unamended)



BACKGROUND 

This legislation is an effort to reinstate the Paperwork Reduction Act, a
provision of the former education code that limited the amount of
paperwork that could be required of teachers. With the passage of Senate
Bill 1 during the 74th Legislature, the Paperwork Reduction Act was
repealed, and the State Board of Education's power to adopt rules
concerning the act was eliminated. Teachers, thus, no longer have
statutory protections against excessive paperwork. 

PURPOSE

As proposed, this bill provides for restricting written reports required
of public school classroom teachers. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter I, Chapter 21, Education Code, by adding
Section 21.410 to   read as follows: 

  Section 21.410(a) Establishes that the board of trustees for individual
school   districts shall adopt policies limiting redundant requests for
information, as well   as, the number and length of written reports that a
classroom teacher is required to   prepare.  This section also specifies
which reports teachers are required to prepare. 

  (b)  States that if any information is required under federal or state
law, regulation,   or rule, and the direct involvement of a classroom
teacher is necessary, then the   teacher may be required to proved that
information. 

  (c) Establishes that the board of trustees shall review paperwork
requirements   imposed on classroom teachers, and shall, instead, have
non-instructional staff   complete the requested reports. 

  (d)(1-3) Defines essential information that school districts may
collect, in addition   to that defined in Subsections (a) and (b), so long
as participation is entirely at the   discretion of the teacher, and the
school district does not directly or indirectly   coerce the teacher to
participate. A teacher's decision not to participate may not be   held
against the teacher; and the commissioner must promptly investigate any
allegation of the misuse of voluntary information-gathering procedures
that   burden the teacher and circumvent compliance with the statutory
intent for   paperwork reduction. 

SECTION 2. Effective date.

SECTION 3. Emergency clause.