77R12815 CAS-F                          
         By Lucio, et al.                                       S.B. No. 108
         Substitute the following for S.B. No. 108:
         By Grusendorf                                      C.S.S.B. No. 108
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the first day of instruction of a school year for
 1-3     public school students.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter C, Chapter 25, Education Code, is
 1-6     amended by adding Section 25.0811 to read as follows:
 1-7           Sec. 25.0811.  FIRST DAY OF INSTRUCTION. (a)  A school
 1-8     district may not begin instruction for students for a school year
 1-9     earlier than August 21.
1-10           (b)  If a school district intends to apply under Section
1-11     7.056 for a waiver of the prohibition prescribed by Subsection (a):
1-12                 (1)  at least 60 days before the date the district
1-13     submits the application for the waiver, the district must publish
1-14     notice in a newspaper having  general circulation in the district:
1-15                       (A)  stating that the district intends to apply
1-16     for a waiver of the prohibition concerning the date of the first
1-17     day of instruction for students; and
1-18                       (B)  specifying the date on which the district
1-19     intends to begin instruction for students; and
1-20                 (2)  hold a public hearing concerning the date of the
1-21     first day of instruction for students.
1-22           (c)  The application for a waiver of the prohibition
1-23     prescribed by Subsection (a) must include a summary of the opinions
1-24     expressed at the public hearing held under Subsection (b)(2),
 2-1     including any consensus of opinion expressed concerning the date of
 2-2     the first day of instruction for students.
 2-3           SECTION 2. Section 25.084(a), Education Code, is amended to
 2-4     read as follows:
 2-5           (a)  A school district may operate its schools year-round on
 2-6     either a single-track or a multitrack calendar.  If a school
 2-7     district adopts a year-round system, the district may modify:
 2-8                 (1)  the number of contract days of employees and the
 2-9     number of days of operation, including any time required for staff
2-10     development, planning and preparation, and continuing education,
2-11     otherwise required by law;
2-12                 (2)  testing dates, data reporting, and related
2-13     matters; [and]
2-14                 (3)  the date of the first day of instruction of the
2-15     school year under Section 25.0811 for a school that was operating
2-16     year-round for the 2000-2001 school year; and
2-17                 (4)  a student's eligibility to participate in
2-18     extracurricular activities when the student's calendar track is not
2-19     in session.
2-20           SECTION 3. This Act applies beginning with the 2002-2003
2-21     school year.
2-22           SECTION 4. This Act takes effect September 1, 2001.