JLM C.S.H.B. 816 75(R)      BILL ANALYSIS


PUBLIC EDUCATION
C.S.H.B. 816
By: Ehrhardt
5-6-97
Committee Report (Substituted)



BACKGROUND 

Section 11.251 of the Education Code provides that the board of trustees
of each individual school district shall adopt a policy to establish a
district- and campus-level planning and decision-making process that
provides for a site-based decision-making committee.  This committee is to
be made up of the professional staff of the district, parents, and
community members to establish and review the district's and campuses'
educational plans, goals, performance objectives, and major classroom
instructional programs.   

Section 7.056 of the Code includes a provision which requires that any
school campus or district seeking a waiver of a requirement, restriction,
or prohibition imposed by the Education Code or rule of the school board
or commissioner must submit a written application to the commissioner.
That application must include, in part, written comments from this campus-
or district- level sitebased decision-making committee.  However, this
provision does nothing to verify that the members of the committees
actually reviewed the waiver before it was submitted with comments.  Under
current law, it is possible for the application to include written
comments without the majority of the committee having seen the waiver.    

Under current practice, if a district submits the application, the
district-level committee is supposed to review the application.  If the
campus submits the application, the campus-level committee reviews the
application.  

PURPOSE

This bill requires the chairperson of the committee to sign the
application for waiver.  This signature is evidence that a majority of the
members of the committee have reviewed the application.   This will ensure
that the majority of members have actually seen the waiver application
and, therefore, had an opportunity to comment on it.   

This bill makes a change as to which committee an application must be
reviewed by.  If an application is submitted by a campus, the campus-level
committee of that campus will review the application and submit comments.
If the district submits the application, the district-level committee and
the campus-level committees of those campuses affected by the application
must review the waiver and submit comments.  This will ensure that all
campuses effected by a waiver are able to review and comment on the
application. 

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 Section 7.056 of the Education Code
  (b)(2)adds that in addition to written comments by the committee, the
signature of the chairperson of the committee is required on the
application.  This signature is evidence that the majority of the members
of that committee have been given the application to review.  The written
comments and  signature of the chairperson are to come from the
appropriate committee as established under subsections (A) and (B) of this
subsection. 
  (b)(2)(A)adds that in the case that a district applies for a waiver, the
chairperson from the district-level committee and the chairpersons from
each campus-level committee effected by the waiver are to sign and comment
on the application as provided in (b)(2). 
  (b)(2)(B)adds that in the case a campus applies for a waiver, only the
chairperson of the campus-level committee of the campus submitting the
waiver must sign and comment on the application.  
  
Section 2 Effective date.

Section 3 Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

In the substitute, the majority of the committee members no longer need to
sign the waiver application signifying receipt.  Instead, the chairperson
of the committee is the only individual who is required to sign the
application.  This bill requires that before the chairperson signs the
applications, he or she must give the majority of committee members the
opportunity to review the application.  This is done by putting into law
that the chairperson's signature is evidence that the majority of the
committee members have reviewed the application.  

The substitute also clarifies a change made to the law in the introduced
version regarding which committee an application must go to, a district-
or campus-level committee.  The substitute clarifies that if an
application is submitted by a district-level committee, that application
must go to both the district-level committee and any campus-level
committee of a campus that is affected by the application.  If the
application is submitted by the campus, the application must go to only
the campus-level committee of that campus submitting the application.