HBA-MPM, JRA H.B. 772 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 772 By: Davis, Yvonne Public Education 6/15/1999 Enrolled BACKGROUND AND PURPOSE Some school districts offer voluntary educational programs outside of regular school hours to help students make up missed instruction or to provide more personalized instruction. After the 19971998 school year, the Texas Education Agency general counsel issued an opinion prohibiting school districts from charging fees for any activities unless specifically authorized to do so in the Texas Education Code, however, prior to the 76th Legislative Session, this authorization did not exist. H.B. 772 amends the Education Code to authorize school districts to charge a fee for such voluntary educational programs to make up missed instruction, but provides that at least one option for making up missed instruction without paying a fee must be provided to students whose absences were due to extenuating circumstances. 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 11.158(a), Education Code, to add to the list of fees one that is not to exceed $50 for costs associated with an educational program offered outside of regular school hours through which a student who was absent from class voluntarily receives instruction for the purpose of making up missed instruction and meeting attendance requirements. Provides that for this fee, a school district must provide a written form to be signed by the student's legal guardian stating that the feel would not create a financial hardship or discourage the student from attending the program. Authorizes the district to only assess the fee if the student returns the signed form. SECTION 2. Amends Section 25.092(b), Education Code, to provide that the alternative ways for students to make up work or regain credit lost due to absences because of extenuating circumstances must include at least one option that does not require a student to pay a fee authorized under Section 11.158(a) (Authority to Charge Fees), Education Code. Provides that the availability of this option must be substantially similar to the availability of the educational program developed under Section 11.158(a). SECTION 3. Makes application of this Act prospective to the 1999-2000 school year. SECTION 4. Emergency clause. Effective date: upon passage.