SRC-MSY S.B. 346 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 346
78R1197 ESH-DBy: Ogden
Education
2/20/2003
As Filed


DIGEST AND PURPOSE 

Currently, the state-funded extended year program covers only a portion of
the costs for a participating school district and authorizes only certain
districts to participate. In addition, the programs are not available at
grade levels beyond the eighth grade.  As proposed, S.B. 346 amends
Chapter 29 of the Education Code to authorize a school district to provide
an optional flexible school year program for students who would otherwise
not be promoted to the next grade level.  In addition, S.B. 346 allows a
district to reduce the regular school year and teacher service days to
create time for specialized programs for at-risk students. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Section 29.0821, Education Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 29C, Education Code, by adding Section 29.0821,
as follows: 

Sec.  29.0821.  OPTIONAL FLEXIBLE YEAR PROGRAM.  (a)  Authorizes a school
district to apply to the commissioner of education (commissioner) for
approval to provide a flexible year program for students who did not
perform well on a certain assessment instrument or who would not otherwise
be promoted to the next grade level. 

(b)  Authorizes a school district to provide additional instructional days
for a program under this section by setting aside certain days for that
purpose. 

(c)  Requires each educator employed under a 10-month contract to provide
the minimum days of service required under Section 21.401, notwithstanding
any reduction in the number of instructional days in the regular school
year or in the number of staff development days. 

(d)  Authorizes a school district to require educational support personnel
to provide service as necessary for an optional flexible year program. 

(e)  Authorizes an optional flexible year program to be held at the
beginning or end of the regular school year. 

(f)  Authorizes the commissioner to adopt rules for the administration of
programs under this section. 

SECTION 2.  Amends Section 25.081(a), Education Code, to provide that
Section 29.0821, in addition to Sections 25.081(b) and 25.084, constitutes
an exception to the requirement that each school district operate so that
the district provides for at least 180 days of instruction for students.
Makes nonsubstantive changes. 
 
SECTION 3.  Effective date:  September 1, 2003.