By:  Ogden                                             S.B. No. 266
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an optional flexible year program for public school
 1-3     students who fail to perform satisfactorily on an assessment
 1-4     instrument or who would not otherwise be promoted.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter C, Chapter 29, Education Code, is
 1-7     amended by adding Section 29.0821 to read as follows:
 1-8           Sec. 29.0821.  OPTIONAL FLEXIBLE YEAR PROGRAM.  (a)  A school
 1-9     district may apply to the commissioner for approval to provide a
1-10     flexible year program for students who did not pass an assessment
1-11     instrument administered under Section 39.023 or who would not
1-12     otherwise be promoted to the next grade level.
1-13           (b)  To enable a school district to provide additional
1-14     instructional days for a program under this section, with the
1-15     approval of the commissioner, a school district may:
1-16                 (1)  provide a number of days of instruction during the
1-17     regular school year that is not more than 10 days fewer than the
1-18     number required under Section 25.081(a); and
1-19                 (2)  use for instructional purposes not more than five
1-20     days that would otherwise be used for staff development or teacher
1-21     preparation.
1-22           (c)  Notwithstanding any reduction in the number of
1-23     instructional days in the regular school year or in the number of
1-24     staff development days, each educator employed under a 10-month
1-25     contract must provide the minimum days of service required under
 2-1     Section 21.401.
 2-2           (d)  A school district may require educational support
 2-3     personnel to provide service as necessary for an optional flexible
 2-4     year program.
 2-5           (e)  An optional flexible year program may be at the
 2-6     beginning or end of the regular school year.
 2-7           (f)  The commissioner may adopt rules for the administration
 2-8     of programs provided under this section.
 2-9           SECTION 2.  Subsection (a), Section 25.081, Education Code,
2-10     is amended to read as follows:
2-11           (a)  Except as authorized under Subsection (b) of this
2-12     section, [or] Section 25.084, or Section 29.0821, for each school
2-13     year each school district must operate so that the district
2-14     provides for at least 180 days of instruction for students.
2-15           SECTION 3.  This Act takes effect September 1, 2001.