HBA-JRA S.B. 268 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 268
By: Ogden
Public Education
5/12/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the state-funded flexible year program for schools has not
proven to be adequate to meet the needs of at-risk students.  The program
covers only a portion of the costs for a participating district, and is
only available to certain students in certain grade levels.  S.B. 268
authorizes a school district to apply to the commissioner of education for
approval to provide an optional  flexible year program for students who
would not otherwise be promoted to the next grade level. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly granted to the commissioner of education in SECTION
1 (Section 29.0821, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 29, Education Code, by adding
Section 29.0821, as follows: 

Sec. 29.0821.  OPTIONAL FLEXIBLE YEAR PROGRAM.  (a)  Authorizes a school
district to apply to the commissioner of education (commissioner) for
approval to provide an optional  flexible year program (program) for
students who would not otherwise be promoted to the next grade level.   

(b)  Authorizes a school district to provide a specified number of
instructional days, in order to provide a program.   

(c)  Provides that each educator employed under a 10-month contract must
provide the minimum number of days of service, notwithstanding any
reduction in the number of instruction days in the regular school year or
in the number of staff development days.   

(d)  Authorizes a school district to require educational support personnel
to provide service as necessary for a program.   

(e)  Authorizes a program to be at the beginning or end of the regular
school year.   

(f)  Authorizes the commissioner to adopt rules for the administration of
programs provided under this section. 

SECTION 2.  Amends Section 25.081(a), Education Code, to make conforming
changes. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.