MMA C.S.H.B. 1940 75(R)BILL ANALYSIS


HIGHER EDUCATION
C.S.H.B. 1940
By: Price
4-30-97
Committee Report (Substituted)



BACKGROUND

The 72nd Legislature created the Texas Academy of Leadership in the
Humanities (the academy) at  Lamar University-Beaumont, a two-year program
for gifted and talented secondary school students who have completed the
10th grade.  Its goal is to provide students with accelerated academic
experiences to ensure success as undergraduates with advanced standing and
to develop leadership potential and ethical decision-making capabilities.
Currently, Lamar University-Beaumont funds the academy which limits the
number of students the academy may admit. 

Current statutory language is very specific as to the academy's operations
and procedures which does not allow for necessary adjustments to be made
without new legislation. 

A similar program, known as the Texas Academy of Mathematics and Science
(TAMS) at  North Texas State University, was created in 1987 by the 70th
Legislature. 
                            
PURPOSE

C.S.H.B. 1940 would clarify the mission of the Texas Academy of Leadership
in the Humanities and would give greater flexibility to the academy's
administration.   

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 96.707, Education Code, to read as follows:
Sec. 96.707.  TEXAS ACADEMY OF LEADERSHIP IN THE HUMANITIES.
 (a) Defines the academy as a residential, educational institution for
selected Texas high school students who demonstrate leadership potential.
States that the academy is under the control and management of the Texas
State University System who shall designate the amount of space the
academy needs on the Beaumont campus. 
 (b)  Defines the academy's goals to read as follows:
  (1) provide enrichment for certain high school students at the junior
and senior levels who complete high school and attend college courses for
credit; 
  (2) identify gifted and intelligent high school students in order to
offer them challenging education; 
  (3) provide a rigorous academic program with a focus on humanities, math
and science; and 
  (4) encourage students to develop leadership potential and ethical
decisionmaking capabilities. 
 (c)  States that the academy is not subject to the provisions of the
Education Code, or rules of the Texas Education Agency, except that: 
  (1)  professional employees of the academy are entitled to limited
liability under Section 22.051 or 22.052; 
  (2)  a student's attendance at the academy satisfies state attendance
requirements;  and 
  (d)  Requires the academy to operate on the same semester basis as the
university and that full-time students be enrolled for both semesters.
Authorizes the academy to offer, in addition to academic classes,
alternative academic programs.  Mandates faculty members at the university
to teach all academic classes at the academy.  Authorizes students to
attend college courses offered by the university and receive credit. 
 (e) Authorizes the academy to offer the same extracurricular activities
as other public secondary schools, and allows students to participate in
University Interscholastic League sanctioned activities. 
 (f)  Prohibits the academy from admitting students other than high school
juniors and seniors, unless the student's abilities warrant early
admission.  Requires the academy to encourage minority students to apply
for admission. 
 (g) Authorizes the board of regents of the Texas State University System
(board) to use available funds, enter into contracts, or accept grants for
the purpose of establishing an academy. 
 (h) Requires money received by the board on behalf of the academy to be
used for the aforementioned functions and purposes of the academy.
Clarifies that this section does not prevent the board from accepting
federal funds or private donations for the academy. 
 (i) Requires the director of the academy to serve at the pleasure of the
university's executive vice president for academic affairs. 
 (j)  States that the liability of the state under Civil Practice and
Remedies Code, is limited for the academy and employees assigned to the
academy and acting on behalf of the academy to the same extent that the
liability of a school district and an employee of the school district is
limited under Civil Practice and Remedies Code.  Deletes current statutory
language regarding the goals and procedures of the academy. 

SECTION 2. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1940 deletes Subsection (c)(3), Section 96.707, SECTION 1 of the
measure which states that the academy is entitled to allotments in certain
cases from the Foundation School Program under Chapter 42.  This change
was made to eliminate the negative fiscal implications estimated for this
measure.