By:  Ogden                                             S.B. No. 268
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to an optional flexible year program for public school
 1-2     students who would not otherwise be promoted.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter C, Chapter 29, Education Code, is
 1-5     amended by adding Section 29.0821 to read as follows:
 1-6           Sec. 29.0821.  OPTIONAL FLEXIBLE YEAR PROGRAM.  (a)  A school
 1-7     district may apply to the commissioner for approval to provide a
 1-8     flexible year program for students who would not otherwise be
 1-9     promoted to the next grade level.
1-10           (b)  To enable a school district to provide a program under
1-11     this section, with the approval of the commissioner, a school
1-12     district may:
1-13                 (1)  provide a number of days of instruction during the
1-14     regular school year that is not more than 10 days fewer than the
1-15     number required under Section 25.081(a); and
1-16                 (2)  use for instructional purposes not more than five
1-17     days that would otherwise be used for staff development or teacher
1-18     preparation.
1-19           (c)  Notwithstanding any reduction in the number of
1-20     instruction days in the regular school year or in the number of
1-21     staff development days, each educator employed under a 10-month
1-22     contract must provide the minimum days of service required under
1-23     Section 21.401.
1-24           (d)  A school district may require educational support
 2-1     personnel to provide service as necessary for an optional flexible
 2-2     year program.
 2-3           (e)  An optional flexible year program may be at the
 2-4     beginning or end of the regular school year.
 2-5           (f)  The commissioner may adopt rules for the administration
 2-6     of programs provided under this section.
 2-7           SECTION 2.  Subsection (a), Section 25.081, Education Code,
 2-8     is amended to read as follows:
 2-9           (a)  Except as authorized under Subsection (b) of this
2-10     section, [or] Section 25.084, or Section 29.0821, for each school
2-11     year each school district must operate so that the district
2-12     provides for at least 180 days of instruction for students.
2-13           SECTION 3.  This Act takes effect September 1, 1999.
2-14           SECTION 4.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.