C.S.H.B. 95 78(R)    BILL ANALYSIS


C.S.H.B. 95
By: McClendon
Public Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In 2001, Senate Bill 108 provided that public schools could not start
before the week in which August 21st falls. The bill also provided that
school districts could apply for a waiver from this requirement and set
forth the general procedure for waiver notice and hearing. Experience with
the waiver process indicates the need for several improvements to the
procedures. C.S.H.B. 95 sets forth more specific provisions for notice of
a hearing on a waiver and amends provisions relating to hearing
procedures. 

RULEMAKING AUTHORITY

It is the committee's opinion that the bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

ANALYSIS

C.S.H.B. 95 amends the Education Code to require a school district,
intending to apply under Section 7.056 for a waiver, to publish notice in
a newspaper at least 60 days and no later than seven days before the date
the district submits the application for the waiver. The bill requires
that such notice contain an address to submit comments on the waiver
request.  

The bill requires that the public hearing cannot be held earlier than 16
months before the proposed school start date and that each witness at the
hearing fill out a witness card with their name, address and position on
the waiver. The bill  requires the district to submit a summary of the
correspondence of the waiver in the wavier request to the Texas Education
Agency. The bill requires that such correspondence be received by school
district within 30 days after the hearing. The bill requires the summary
indicate the number of witnesses supporting and opposing the waiver. The
bill provides that a school district may not require, prohibit or coerce
employees or students to testify for or against a proposed waiver. 

The bill requires the district to submit the application for waiver at
least 120 days before the proposed school start date. The bill provides
that  the waiver is automatically granted unless the commissioner denies
the waiver within 60 days after receipt of the request. The bill provides
that the procedures for waiver application may be waived if there is a
threat to the health, safety or welfare of the students or staff. 
  
These changes take effect beginning with the 2004-2005 school year.

EFFECTIVE DATE

September 1, 2003.
 
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 95 modifies the original by altering the requirements of the
newspaper notice and scheduling requirements for public hearings and
deleting provisions relating to the burden of proof on waiver requests.