C.S.H.B. 2825 78(R)    BILL ANALYSIS


C.S.H.B. 2825
By: Eissler
Public Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas maintains laws and rules imposing reporting and
monitoring requirements  on school districts. In some cases these
requirements are more strenuous and extensive than those imposed by the
federal government. C.S.H.B. 2825 provides that the commissioner of
education shall limit agency monitoring to district compliance with
federal regulations and maintenance of data accuracy submitted through the
Public Education Information Management System. 

RULEMAKING AUTHORITY

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

ANALYSIS

C.S.H.B. 2825 amends the Education Code, by providing that  the
commissioner of education (commissioner) shall limit agency monitoring
under this title of school districts to: 
 (1) determining compliance with federal laws and regulations and
(2) maintaining the accuracy of data submitted through the Public
Education Information Management System (PEIMS) for purposes of
accountability under Chapter 39. 

The bill provides that the commissioner can investigate school district
compliance with state or federal programs as provided by Sec. 39.074 and
39.075 if there are sufficient funds within the agency budget to conduct
the investigation that can be used for that purpose and the investigation
is based on an assessment of the risk that the district is not in
compliance with the law. 

The bill establishes that a risk assessment under Subsection (b) must
include consideration of any complaints about the district's compliance
with the law. 

The bill provides that for those requirements of state law not monitored
by the commissioner or agency a school district or open-enrollment charter
school is responsible for determining the district's or school's
compliance unless the requirement is waived under Sec. 7.056 

The bill provides  that the Texas Education Agency shall give at least 30
day written notice of an on-site investigation of a district's
accreditation. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2825 modifies the original by explicitly stating what agencies
can monitor instead of relying on a waiver provision. C.S.H.B. 2825 also
sets out a time period for notification of an upcoming accreditation
investigation.