By Lucio S.B. No. 108
77R2044 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the first and final days of instruction of a school
1-3 year for public school students and to the first day of instruction
1-4 of the first term of summer session for students at general
1-5 academic teaching institutions.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter C, Chapter 25, Education Code, is
1-8 amended by adding Section 25.0811 to read as follows:
1-9 Sec. 25.0811. FIRST AND FINAL DAYS OF INSTRUCTION. (a) A
1-10 school district may not begin instruction for students for a school
1-11 year before August 21 and may not continue instruction for students
1-12 for a school year after the first full week in June.
1-13 (b) If a student attending school in a school district, a
1-14 parent of a district student, a teacher employed by a district, or
1-15 a resident of a district submits a request to the superintendent of
1-16 the district that the board of trustees of the district hold a
1-17 public hearing on the most appropriate date for the first day of
1-18 instruction of the next school year, the board of trustees shall
1-19 hold a hearing on that issue. A request under this subsection may
1-20 be made in person, by mail, or by telephone. The superintendent may
1-21 designate one or more persons employed in the superintendent's
1-22 office to accept requests made under this subsection. The board of
1-23 trustees of a district by resolution shall establish a date by
1-24 which a request for a hearing under this subsection must be made
2-1 and may establish any procedures necessary for purposes of this
2-2 subsection.
2-3 (c) The board of trustees of a school district in which more
2-4 than five percent of the students are migratory children as defined
2-5 by 20 U.S.C. Section 6399 shall hold a public hearing each year to
2-6 determine the most appropriate date for the first day of
2-7 instruction of the next school year. After the hearing and a
2-8 determination of the first day of instruction of the next school
2-9 year, the board of trustees shall notify the commissioner in
2-10 writing of the determination and the basis for that determination.
2-11 SECTION 2. Section 25.084(a), Education Code, is amended to
2-12 read as follows:
2-13 (a) A school district may operate its schools year-round on
2-14 either a single-track or a multitrack calendar. If a school
2-15 district adopts a year-round system, the district may modify:
2-16 (1) the number of contract days of employees and the
2-17 number of days of operation, including any time required for staff
2-18 development, planning and preparation, and continuing education,
2-19 otherwise required by law;
2-20 (2) testing dates, data reporting, and related
2-21 matters; [and]
2-22 (3) the final day of instruction for students
2-23 prescribed by Section 25.0811; and
2-24 (4) a student's eligibility to participate in
2-25 extracurricular activities when the student's calendar track is not
2-26 in session.
2-27 SECTION 3. Section 42.005(c), Education Code, is amended to
3-1 read as follows:
3-2 (c) In the manner provided by this subsection, the [The]
3-3 commissioner shall adjust the average daily attendance of a school
3-4 district in which at least five percent [that has a significant
3-5 percentage] of the students [who] are migratory children as defined
3-6 by 20 U.S.C. Section 6399 and in which the absentee rate for the
3-7 first six weeks of the preceding school year was greater than three
3-8 percent. In a district to which this subsection applies, the
3-9 commissioner shall compute the district's average daily attendance
3-10 by using:
3-11 (1) the best four of the six-weeks periods if the
3-12 district begins instruction for students for a school year on or
3-13 after September 1; and
3-14 (2) the best five of the six-weeks periods if the
3-15 district begins instruction for students for a school year before
3-16 September 1.
3-17 SECTION 4. Subchapter C, Chapter 61, Education Code, is
3-18 amended by adding Section 61.088 to read as follows:
3-19 Sec. 61.088. FIRST DAY OF INSTRUCTION OF FIRST TERM OF
3-20 SUMMER SESSION. The board shall consult with each general academic
3-21 teaching institution to ensure that the institution adopts a
3-22 calendar for the academic year under which the first day of
3-23 instruction of the first term of the summer session is not earlier
3-24 than the second full week in June.
3-25 SECTION 5. (a) Section 25.0811, Education Code, as added by
3-26 this Act, applies to the first and final days of instruction for a
3-27 school year beginning with the first and final days of instruction
4-1 of the 2001-2002 school year. Section 25.084, Education Code, as
4-2 amended by this Act, applies to modification of the final day of
4-3 instruction for a school year beginning with the final day of
4-4 instruction of the 2001-2002 school year.
4-5 (b) Section 42.005, Education Code, as amended by this Act,
4-6 applies to the computation of average daily attendance beginning
4-7 with the computation for the 2001-2002 school year.
4-8 (c) Section 61.088, Education Code, as added by this Act,
4-9 applies to the first day of instruction of the first term of the
4-10 summer session beginning with the first day of instruction of the
4-11 first term of the summer session in 2002.
4-12 SECTION 6. This Act takes effect immediately if it receives
4-13 a vote of two-thirds of all the members elected to each house, as
4-14 provided by Section 39, Article III, Texas Constitution. If this
4-15 Act does not receive the vote necessary for immediate effect, this
4-16 Act takes effect September 1, 2001.