SRC-MWN C.S.S.B. 385 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 385
77R4951 CAS-DBy: Bivins
Education
3/22/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, most Texas public schools require students to take the least
rigorous high school curriculum for high school graduation, and provide
them the opportunity to opt into a more rigorous curriculum. C.S.S.B. 385
requires school districts to enroll students in the recommended high school
or distinguished achievement programs unless the student, parent, school
counselor, and administrator agree that the student is authorized to opt
into the minimum plan. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the State Board of Education
in SECTION 1 (Section 28.025, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.025, Education Code, as follows: 

(b) Requires a school district to ensure that each student enrolls in the
courses necessary to complete the curriculum requirements identified by the
State Board of Education under this section for the recommended or advanced
high school program unless the student, the student's parent or other
person standing in parental relation to the student, and a school counselor
or school administrator agree that the student should be permitted to take
courses under the minimum high school program.  

(c) Authorizes a school district, upon request of a student, to petition
the State Board of Education to approve any course that does not fall
within the recommended high school program in place of a requirement listed
as part of the recommended high school program when the proposed course is
academically rigorous and addresses documented student needs. Requires the
State Board of Education to adopt rules to establish procedures for this
section.  

(d) Requires school districts to notify parents of children enrolling in
the ninth grade, prior to class registration, of certain criteria.  

(e) Authorizes a school district to give notification as required under
this section as part of regular correspondence concerning registration and
orientation.  

(f) Authorizes a student to graduate and receive a diploma only if the
student successfully completes the curriculum requirements identified by
the State Board of Education and complies with Section 39.025(a); or the
student successfully completes an individualized education program
developed under Section 29.005.  

(g) Authorizes a school district to issue a certificate of course work
completion to a student who successfully completes the curriculum
requirements identified by the State Board of Education but who fails to
comply with Section 39.025 (a), rather than performing satisfactorily on
the assessment instruments specified by this section.  
 
(i) Provides that Subsection (b) applies to students entering the ninth
grade in the 2004-2005 school year and thereafter. Authorizes the
commissioner of education (commissioner), on application of a school
district, to exempt the district from the implementation date in this
subsection if the commissioner finds the requirement results in an undue
hardship on the district. Provides that an exception under this subsection
expires at the end of a period determined by the commissioner not to exceed
three years. Provides that an exemption under this subsection is not
subject to Section 7.056. 

SECTION 2. Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 385, Section 28.025, Education Code, as
follows: 

 _Makes nonsubstantive changes in Subsection (b).

 _Adds new proposed Subsection (c) authorizing a school district to
petition the State Board of Education. 

 _Adds new proposed Subsection (d) regarding school district notification
to parents.  

 _Adds new proposed Subsection (e) regarding notification by a school
district in correspondence concerning registration and orientation. 

 _Adds new proposed language in Subsection (i) regarding the commissioner
exempting a school district for certain reasons.