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.