SRC-MKV S.B. 562 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 562
77R3274 KKA-DBy: Shapiro
Education
2/20/2001
As Filed


DIGEST AND PURPOSE 

Current law provides for an administrative cost ratio that compares
administrative costs to instructional costs.  Over the last several years,
many school districts have not been able to agree on what costs are defined
as administrative and those that are instructional, and accordingly,
information on these costs are being misreported.  S.B. 562 discontinues
the use of administrative cost rations and creates performance measures
that determine the percentage of school district employment engaged in
classroom discussion. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Section 44.0071, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 44A, Education Code, by adding Section 44.0071,
as follows: 

Sec. 44.0071.  COMPUTATION OF INSTRUCTIONAL EXPENDITURES RATIO AND
INSTRUCTIONAL EMPLOYEES RATIO.  (a) Requires that, each fiscal year, a
school district compute and report to the commissioner of education
(commissioner) the percentage of the district's total expenditures for the
preceding fiscal year that were used to fund direct instructional
activities, and the percentage of the district's full-time equivalent
employees during the preceding fiscal year whose only job function was to
directly provide classroom instruction to students. 

(b) Requires a school district, at least annually, to provide educators
employed by the district with a list of district employees determined by
the district for purposes of this section to be engaged only in providing
classroom instruction to students. 

(c) Provides that for purposes of this section a district's total
expenditures include amounts spent on physical plant construction or
operation, and the computation of a district's expenditures used to fund
direct instructional activities that may include the salary, including any
associated employment taxes, and the value of any benefits provided to a
district employee only if the employee's only job function was to provide
classroom instruction to students. 

(d) Requires the commissioner to adopt rules as necessary to implement this
section. 

SECTION 2.  Reenacts and amends Section 39.052 (b), Education Code, as
amended by Chapters 396 and 1514, Acts of the 76th Legislature, Regular
Session, 1999, to require the report card to include, where applicable, the
academic excellence indicators adopted under Sections 39.051(b)(1) through
(9); average class size by grade level and subject; and the administrative
and instructional costs per student, computed in a manner consistent with
Section 44.0071; and the district's instructional expenditures ratio and
instructional employees ratio computed under Section 44.0071, and the
statewide average of those ratios, as determined by the commissioner. 

SECTION 3.  Amends Section 39.052 (c), Education Code, to add language
regarding the information required under Subsection (b)(4). 

SECTION 4.  Amends Section 39.182 (a), Education Code, to add language in
the list of  information to be included in a certain report requiring a
summary and analysis of the instructional expenditures ratios and
instructional employees rations of school districts computed under Section
44.0071.  Deletes language regarding the administrative cost rations set by
the commissioner under Section 42.201, including any improvements and cost
savings achieved by school districts. 

SECTION 5.  Repealer: Chapter 42D (Administrative Costs), Education Code.

SECTION 6.  Effective date: September 1, 2001.

SECTION 7.  Provides that the repeal of Chapter 42D, Education Code, does
not affect the liability of a school district for excess administrative
costs during the 2000-2001 school year that the commissioner of education
is entitled to recover during the 2001-2002 school year under Section
42.201 (d), Education Code, as that section existed on January 1, 2001, and
the former law is continued in effect for that purpose.