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


Senate Research CenterC.S.S.B. 346
By: Ogden
Education
3/5/2003
Committee Report (Substituted)


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.  C.S.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, C.S.S.B. 346 allows a
district to reduce the regular school year and teacher service days to
create time for specialized programs for atrisk 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 or are not likely to 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 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.  Amends Section 42.005(a), Education Code, by creating
Subdivision (1) from existing  text and adding Subdivision (2) to provide
an alternative method for calculating average daily attendance for a
district that operates under a flexible year program under Section
29.0821.  Makes conforming changes. 

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


SUMMARY OF COMMITTEE CHANGES

In SECTION 1:  Inserts the words "or are likely not" after the words "for
students who did not" in proposed Section 29.0821(a), Education Code.
Deletes proposed Section 29.0821(e), Education Code, regarding the
placement of the optional flexible year and redesignates proposed
Subsection (f) as (e). 

In SECTION 3:  Added to amend Section 42.005(a), Education Code.

In SECTION 4:  Redesignated from proposed SECTION 3 in As Filed version.
Changes the effective date to allow the possibility that the Act take
effect upon passage.