BILL ANALYSIS

C.S.H.B. 3209

By: Gonzales, Larry

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties contend that certain students participating in regional day school programs for the deaf should not be considered students of the school district or campus in which the program is physically located. C.S.H.B. 3209 seeks to address this issue.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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. 3209 amends the Education Code to establish that, in determining the performance of a public school district or campus for accountability purposes, a student participating in a regional day school program for the deaf whose parent or person standing in parental relation to the student does not reside in the school district providing program services is not considered a student of the district or campus in which the program is physically located.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3209 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Subchapter D, Chapter 30, Education Code, is amended by adding Section 30.088 to read as follows: Sec. 30.088.  REGIONAL DAY SCHOOL PROGRAMS FOR DEAF MEMORANDUM OF UNDERSTANDING.  The agency and the five regional day school programs for the deaf established under Section 30.084, acting cooperatively, shall develop, agree to, and by commissioner rule adopt no later than September 1, 2018, a memorandum of understanding to establish: (1)  the method for developing and reevaluating a set of indicators of the quality of learning at regional day school programs for the deaf; (2)  the process for the agency to conduct and report on an annual evaluation of program performance on the indicators; (3)  the requirements for a program to publish, discuss, and disseminate an annual report describing the educational performance of the program; (4)  the process for the agency to conduct monitoring reviews; and (5)  the type of information a program shall be required to provide through the Public Education Information Management System (PEIMS).	No equivalent provision.
No equivalent provision.	SECTION 1.  Subchapter C, Chapter 39, Education Code, is amended by adding Section 39.0551 to read as follows: Sec. 39.0551.  CERTAIN STUDENTS PARTICIPATING IN REGIONAL DAY SCHOOL PROGRAMS FOR THE DEAF NOT CONSIDERED FOR ACCOUNTABILITY PURPOSES.  Notwithstanding any other provision of this code, in determining the performance of a school district or campus under this chapter, a student participating in a regional day school program for the deaf under Subchapter D, Chapter 30, whose parent or person standing in parental relation to the student does not reside in the school district providing program services is not considered a student of the district or campus in which the program is physically located.
SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.	SECTION 2. Same as introduced version.