1-1     By:  Davis of Dallas (Senate Sponsor - Nelson)         H.B. No. 772
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on
 1-4     Education; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to fees charged by an independent school district for
 1-9     voluntary educational programs.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 11.158(a), Education Code, is amended to
1-12     read as follows:
1-13           (a)  The board of trustees of an independent school district
1-14     may require payment of:
1-15                 (1)  a fee for materials used in any program in which
1-16     the resultant product in excess of minimum requirements becomes, at
1-17     the student's option, the personal property of the student, if the
1-18     fee does not exceed the cost of materials;
1-19                 (2)  membership dues in student organizations or clubs
1-20     and admission fees or charges for attending extracurricular
1-21     activities, if membership or attendance is voluntary;
1-22                 (3)  a security deposit for the return of materials,
1-23     supplies, or equipment;
1-24                 (4)  a fee for personal physical education and athletic
1-25     equipment and apparel, although any student may provide the
1-26     student's own equipment or apparel if it meets reasonable
1-27     requirements and standards relating to health and safety
1-28     established by the board;
1-29                 (5)  a fee for items of personal use or products that a
1-30     student may purchase at the student's option, such as student
1-31     publications, class rings, annuals, and graduation announcements;
1-32                 (6)  a fee specifically permitted by any other statute;
1-33                 (7)  a fee for an authorized voluntary student health
1-34     and accident benefit plan;
1-35                 (8)  a reasonable fee, not to exceed the actual annual
1-36     maintenance cost, for the use of musical instruments and uniforms
1-37     owned or rented by the district;
1-38                 (9)  a fee for items of personal apparel that become
1-39     the property of the student and that are used in extracurricular
1-40     activities;
1-41                 (10)  a parking fee or a fee for an identification
1-42     card;
1-43                 (11)  a fee for a driver training course, not to exceed
1-44     the actual district cost per student in the program for the current
1-45     school year;
1-46                 (12)  a fee for a course offered for credit that
1-47     requires the use of facilities not available on the school premises
1-48     or the employment of an educator who is not part of the school's
1-49     regular staff, if participation in the course is at the student's
1-50     option;
1-51                 (13)  a fee for a course offered during summer school,
1-52     except that the board may charge a fee for a course required for
1-53     graduation only if the course is also offered without a fee during
1-54     the regular school year;  [or]
1-55                 (14)  a reasonable fee for transportation of a student
1-56     who lives within two miles of the school the student attends to and
1-57     from that school, except that the board may not charge a fee for
1-58     transportation for which the school district receives funds under
1-59     Section 42.155(d); or
1-60                 (15)  a  reasonable fee for costs associated with an
1-61     educational program offered outside of regular school hours through
1-62     which a student who was absent from class receives instruction
1-63     voluntarily for the purpose of making up the missed instruction and
1-64     meeting the level of attendance required under Section 25.092.
 2-1           SECTION 2.  Section 25.092(b), Education Code, is amended to
 2-2     read as follows:
 2-3           (b)  The board of trustees of each school district shall
 2-4     appoint one or more attendance committees to hear petitions for
 2-5     class credit by students who are in attendance fewer than the
 2-6     number of days required under Subsection (a).  Classroom teachers
 2-7     shall comprise a majority of the membership of the committee.  A
 2-8     committee may give class credit to a student because of extenuating
 2-9     circumstances.  Each board of trustees shall establish guidelines
2-10     to determine what constitutes extenuating circumstances and shall
2-11     adopt policies establishing alternative ways for students to make
2-12     up work or regain credit lost because of absences.  The alternative
2-13     ways must include at least one option that does not require a
2-14     student to pay a fee authorized under Section 11.158(a)(15).  A
2-15     certified public school employee may not be assigned additional
2-16     instructional duties as a result of this section outside of the
2-17     regular workday unless the employee is compensated for the duties
2-18     at a reasonable rate of pay.
2-19           SECTION 3.  This Act applies beginning with the 1999-2000
2-20     school year.
2-21           SECTION 4.  The importance of this legislation and the
2-22     crowded condition of the calendars in both houses create an
2-23     emergency and an imperative public necessity that the
2-24     constitutional rule requiring bills to be read on three several
2-25     days in each house be suspended, and this rule is hereby suspended,
2-26     and that this Act take effect and be in force from and after its
2-27     passage, and it is so enacted.
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