HBA-NLM H.B. 617 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 617
By: Ehrhardt
Public Education
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

Section 11.251 (Planning and Decision-Making Process), Education Code,
establishes a district- and campus-level planning and decision- making
process that provides for a site-based decision- making committee.  This
committee is composed of 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. Under Section 7.056 (Waivers and Exemptions),
Education Code, any school campus or district seeking a waiver of a
requirement, restriction, or prohibition provided by the Education Code or
rule of the school board or the commissioner of education (commissioner)
must submit a written application to the commissioner, which  must include
written comments from the appropriate site-based decision-making committee.
However, no process exists which verifies that the majority of the
committee members have reviewed the waiver before the submission of written
comments, on behalf of the committee, to the commissioner.  

H.B. 617 requires a written application for a waiver to include the
signature of the chairperson of the appropriate campus- or district-level
committee to indicate that a majority of the committee members have
reviewed the application. This bill provides that the chairperson of the
district-level committee, and of each campus-level committee whose campus
is affected, must comment on and sign the district's application for a
waiver; accordingly, the chairperson of the campus-level committee must
comment on and sign the campus' application for a waiver by a campus.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 7.056(b), Education Code, to include among the
required contents of a written application for a waiver,  the signature of
the chairperson of the appropriate campus or district-level committee
established under Section 11.251 (Planning and Decision-Making Process)
evidencing review of the application by a majority of the members of the
committee.  Provides that the chairperson of the district-level committee,
and of each campus-level committee whose campus is affected, must comment
on and sign the district's application for a waiver. Provides that the
chairperson of the campus-level committee must comment on and sign the
campus' application for a waiver by a campus. Makes a nonsubstantive
change. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.