1-1     By:  Ogden                                             S.B. No. 268
 1-2           (In the Senate - Filed January 25, 1999; January 28, 1999,
 1-3     read first time and referred to Committee on Education;
 1-4     April 19, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; April 19, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 268                    By:  Ogden
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to an optional flexible year program for public school
1-11     students who would not otherwise be promoted.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter C, Chapter 29, Education Code, is
1-14     amended by adding Section 29.0821 to read as follows:
1-15           Sec. 29.0821.  OPTIONAL FLEXIBLE YEAR PROGRAM.  (a)  A school
1-16     district may apply to the commissioner for approval to provide a
1-17     flexible year program for students who would not otherwise be
1-18     promoted to the next grade level.
1-19           (b)  To enable a school district to provide a program under
1-20     this section, with the approval of the commissioner, a school
1-21     district may:
1-22                 (1)  provide a number of days of instruction during the
1-23     regular school year that is not more than 10 days fewer than the
1-24     number required under Section 25.081(a); and
1-25                 (2)  use for instructional purposes not more than five
1-26     days that would otherwise be used for staff development or teacher
1-27     preparation.
1-28           (c)  Notwithstanding any reduction in the number of
1-29     instruction days in the regular school year or in the number of
1-30     staff development days, each educator employed under a 10-month
1-31     contract must provide the minimum days of service required under
1-32     Section 21.401.
1-33           (d)  A school district may require educational support
1-34     personnel to provide service as necessary for an optional flexible
1-35     year program.
1-36           (e)  An optional flexible year program may be at the
1-37     beginning or end of the regular school year.
1-38           (f)  The commissioner may adopt rules for the administration
1-39     of programs provided under this section.
1-40           SECTION 2.  Subsection (a), Section 25.081, Education Code,
1-41     is amended to read as follows:
1-42           (a)  Except as authorized under Subsection (b) of this
1-43     section, [or] Section 25.084, or Section 29.0821, for each school
1-44     year each school district must operate so that the district
1-45     provides for at least 180 days of instruction for students.
1-46           SECTION 3.  This Act takes effect September 1, 1999.
1-47           SECTION 4.  The importance of this legislation and the
1-48     crowded condition of the calendars in both houses create an
1-49     emergency and an imperative public necessity that the
1-50     constitutional rule requiring bills to be read on three several
1-51     days in each house be suspended, and this rule is hereby suspended.
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