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 * * * * *