BILL ANALYSIS

H.B. 2823

By: Patrick

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The 80th Legislature, Regular Session, 2007, enacted H.B. 2237, authorizing the use of state funds for dropout recovery efforts. Although the clear legislative intent was to not award money to private schools or to nonprofit entities that provide services as a private school or to a private school, the commissioner of education awarded grants to three entities that do not provide direct or indirect services to public school students. This legislation clarifies that such grants are not authorized.

H.B. 2823 establishes limitations on the authority of the commissioner of education to award grants to certain organizations under provisions relating to the high school completion and success initiative and provisions relating to college and workforce readiness, dropout prevention, and financial literacy programs. The bill specifies that the commissioner of education or the commissioner of higher education, as applicable, are authorized to award grants under the high school completion and success initiative to organizations, school districts, open-enrollment charter schools, institutions of higher learning, and regional education service centers that provide services to or for the benefit of students enrolled in school districts or open-enrollment charter schools.

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

H.B. 2823 amends the Education Code to specify that the commissioner of education may award grants to organizations that provide volunteers to teach classroom or after-school programs on college or workforce readiness, dropout prevention, or personal financial literacy to students enrolled in a school district or open-enrollment charter school. The bill expressly provides that these provisions do not authorize the commissioner to award a grant to an organization to provide a comprehensive educational program to students that serves as a substitute for a regular educational program provided by a school district or open-enrollment charter school. The bill expressly authorizes the commissioner to award a grant to an organization only for the provision of supplemental programs described above.

H.B. 2823 specifies that the commissioner of education or the commissioner of higher education, as applicable, may award grants,  based on recommendations of the High School Completion and Success Initiative Council, to school districts, open-enrollment charter schools, institutions of higher education, regional education service centers, and nonprofit organizations that provide technical assistance, professional development, case-managed student services, and programs for the benefit of students enrolled in school districts or open-enrollment charter schools. The bill specifies that such grants are grants for high school reform, college readiness, and dropout prevention, including grants for certain activities and programs specified by statute. The bill establishes that provisions relating to the high school completion and success initiative do not authorize the commissioner of education to award a grant to a nonprofit organization for services provided as a private school or to a private school.

H.B. 2823 sets forth legislative intent specifically including dropout recovery grants among the grants that may not be awarded to certain organizations or nonprofit organizations.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.