SRC-JEC H.B. 256 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 256
78R1858 JRJ-DBy: Hochberg (Shapiro)
Subcommittee on Higher Education
5/8/2003
Engrossed


DIGEST AND PURPOSE 

Currently, a higher education students must notify his or her instructor
within the first 15 days of a semester if the student plans to be absent
for the observance of a religious holy day.  H.B. 256 removes the
stipulation that the student notify the instructor at the beginning of the
semester and adds travel for the purpose of observing the religious holy
day to the provision.  This conforms the higher education policy to the
policy for public education students. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Higher Education
Coordinating Board in SECTION 3 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.911(b), Education Code, as follows:

(b)  Requires an institution of higher education to excuse a student from
attending classes or other required activities, including examinations,
for the observance of a religious holy day, including travel for that
purpose.  Prohibits the penalization of a student whose absence is excused
under this subsection for that absence and requires that the student be
allowed to take an examination or complete an assignment from which the
student is excused within a reasonable time after the absence.  Deletes
text regarding a 15 day deadline for a student to notify the instructor of
the absence. 

SECTION 2.  Repealer:  Section 51.911(c) (regarding written notification
of an absence for a holy day), Education Code. 

SECTION 3.  (a)  Provides that SECTIONS 1 and 2 of this Act apply
beginning with the 2003 fall semester. 

(b)  Requires the Texas Higher Education Coordinating Board (THECB) to
adopt rules for the administration of Section 51.911(b), Education Code,
as amended by this Act, or amend its existing rules for that purpose as
soon as practicable after this Act takes effect.  Authorizes THECB, before
October 1, 2003, to adopt or amend the rules in the manner provided by law
for emergency rules. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.