1-1     By:  Ogden                                             S.B. No. 266
 1-2           (In the Senate - Filed January 17, 2001; January 22, 2001,
 1-3     read first time and referred to Committee on Education;
 1-4     March 26, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; March 26, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 266                   By:  Bivins
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to an optional flexible year program for public school
1-11     students who fail to perform satisfactorily on an assessment
1-12     instrument or who would not otherwise be promoted.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subchapter C, Chapter 29, Education Code, is
1-15     amended by adding Section 29.0821 to read as follows:
1-16           Sec. 29.0821.  OPTIONAL FLEXIBLE YEAR PROGRAM.  (a)  A school
1-17     district may apply to the commissioner for approval to provide a
1-18     flexible year program for students who did not pass an assessment
1-19     instrument administered under Section 39.023 or who would not
1-20     otherwise be promoted to the next grade level.
1-21           (b)  To enable a school district to provide additional
1-22     instructional days for a program under this section, with the
1-23     approval of the commissioner, a school district may:
1-24                 (1)  provide a number of days of instruction during the
1-25     regular school year that is not more than 10 days fewer than the
1-26     number required under Section 25.081(a); and
1-27                 (2)  use for instructional purposes not more than five
1-28     days that would otherwise be used for staff development or teacher
1-29     preparation.
1-30           (c)  Notwithstanding any reduction in the number of
1-31     instructional days in the regular school year or in the number of
1-32     staff development days, each educator employed under a 10-month
1-33     contract must provide the minimum days of service required under
1-34     Section 21.401.
1-35           (d)  A school district may require educational support
1-36     personnel to provide service as necessary for an optional flexible
1-37     year program.
1-38           (e)  An optional flexible year program may be at the
1-39     beginning or end of the regular school year.
1-40           (f)  The commissioner may adopt rules for the administration
1-41     of programs provided under this section.
1-42           SECTION 2.  Subsection (a), Section 25.081, Education Code,
1-43     is amended to read as follows:
1-44           (a)  Except as authorized under Subsection (b) of this
1-45     section, [or] Section 25.084, or Section 29.0821, for each school
1-46     year each school district must operate so that the district
1-47     provides for at least 180 days of instruction for students.
1-48           SECTION 3.  This Act takes effect September 1, 2001.
1-49                                  * * * * *