By Ogden                                               S.B. No. 266
         77R3541 ESH-D                           
                                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 would not otherwise be promoted.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter C, Chapter 29, Education Code, is
 1-6     amended by adding Section 29.0821 to read as follows:
 1-7           Sec. 29.0821.  OPTIONAL FLEXIBLE YEAR PROGRAM.  (a)  A school
 1-8     district may apply to the commissioner for approval to provide a
 1-9     flexible year program for students who would not otherwise be
1-10     promoted to the next grade level.
1-11           (b)  To enable a school district to provide a program under
1-12     this section, with the approval of the commissioner, a school
1-13     district may:
1-14                 (1)  provide a number of days of instruction during the
1-15     regular school year that is not more than 10 days fewer than the
1-16     number required under Section 25.081(a); and
1-17                 (2)  use for instructional purposes not more than five
1-18     days that would otherwise be used for staff development or teacher
1-19     preparation.
1-20           (c)  Notwithstanding any reduction in the number of
1-21     instructional days in the regular school year or in the number of
1-22     staff development days, each educator employed under a 10-month
1-23     contract must provide the minimum days of service required under
1-24     Section 21.401.
 2-1           (d)  A school district may require educational support
 2-2     personnel to provide service as necessary for an optional flexible
 2-3     year program.
 2-4           (e)  An optional flexible year program may be at the
 2-5     beginning or end of the regular school year.
 2-6           (f)  The commissioner may adopt rules for the administration
 2-7     of programs provided under this section.
 2-8           SECTION 2.  Section 25.081(a), Education Code, is amended to
 2-9     read as follows:
2-10           (a)  Except as authorized under Subsection (b) of this
2-11     section, [or] Section 25.084, or Section 29.0821, for each school
2-12     year each school district must operate so that the district
2-13     provides for at least 180 days of instruction for students.
2-14           SECTION 3.  This Act takes effect September 1, 2001.