HBA-DMH S.B. 266 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 266
By: Ogden
Public Education
4/12/2001
Engrossed



BACKGROUND AND PURPOSE 

The rate at which students learn varies greatly.  Even students that are
equally motivated may need slightly more time to grasp certain concepts.
Currently, the state-funded extended year program covers only a portion of
the costs for a participating district and authorizes only certain
districts to participate.  As a result, most public schools operate on a
standard 180-day schedule, precluding the option to serve students with
additional needs.  If some school days within the 180-day schedule were
available to assist only slower learners, fewer students might be held back
at the end of the standard school year.  Senate Bill 266 authorizes a
school district to provide additional instructional days, with the approval
of the commissioner of education, for students who did not pass an
assessment test or 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 delegated to the commissioner of education in
SECTION 1 (Section 29.0821, Education Code) of this bill. 

ANALYSIS

Senate Bill 266 amends the Education Code to authorize a school district to
apply to the commissioner of education (commissioner) for approval to
provide a flexible year program for students who did not pass an assessment
instrument or who would not otherwise be promoted to the next grade level.
The flexible year program may be at the beginning or end of the regular
school year.  To enable a school district to provide additional
instructional days for a program, with the approval of the commissioner,
the bill authorizes a school district to: 

 _provide a number of days of instruction during the regular school year
that is not more than 10 days fewer than the required 180 days; and  

_use for instructional purposes not more than five days that would
otherwise be used for staff development or teacher preparation.  

The bill provides that each educator employed under a 10-month contract
must provide a minimum of 187 days of required service regardless of any
reduction in the number of instructional days in the regular school year or
in the number of staff development days.  The bill authorizes a school
district to require educational support personnel to provide service as
necessary for a flexible year program. 

The bill authorizes the commissioner to adopt rules for the administration
of the flexible year program. 

EFFECTIVE DATE

September 1, 2001.