HBA-JRA H.B. 3770 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3770
By: Gallego
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, school districts do not give intra-district transfer priority to
those students who fail to perform satisfactorily on an assessment
instrument while attending a campus identified by the commissioner of
education as low-performing.  Districts that cannot accommodate the
transfer of such students are not required to provide them with remedial
services until a transfer can be completed.  H.B. 3770 requires a school
district to give priority to students who attend lowperforming schools and
are seeking modified assignments or transfers because of failure to perform
satisfactorily on an assessment instrument in reading or mathematics.  This
bill also requires a district to provide remedial services to the student
if the district is unable to provide a modified assignment or transfer. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 25, Education Code, by adding
Section 25.0341, as follows: 

Sec. 25.0341.  ASSIGNMENTS AND TRANSFERS FOR CERTAIN STUDENTS.  (a)
Authorizes a student's parent or other person standing in parental relation
to the student to request assignment or transfer of the student to a campus
in the school district in which the student is entitled to attend school
under Section 25.001 (Admission) other than the campus to which the student
is regularly assigned if the student, during the preceding school year,
failed to perform satisfactorily on an assessment instrument in reading or
mathematics and is assigned to attend a campus that was, at any time in the
preceding three years, identified as low-performing by the commissioner of
education on a basis other than the dropout rate.  

(b)  Authorizes a parent of such a student or a person standing in parental
relation to the student to submit a list to the school district of not more
than five other campuses in the district, in order of preference, that the
parent or other person would prefer the student to attend.  Requires a
school district to assign or transfer the student to the highest-ranked
campus on the list at which space is available.  

(c)   Requires a district to provide remedial services to the student if
the district is unable to provide a modified assignment or transfer under
this section to a student because of the limited number of facilities in
the district or because of a lack of available space at any other
appropriate campus.  Requires the district to provide the student with
transportation to the remedial services if the student is entitled to
receive transportation to the campus at which the student regularly attends
school.  

(d)  Requires a school district to maintain a waiting list of students who
have been denied modified assignments or transfers under this section
because of a lack of available space and grant the modified assignments or
transfers during the school year as space becomes available.  
 
(e)  Requires a school district to give priority to students seeking
modified assignments or transfers under this section over students seeking
modified assignments or transfers under Section 25.033 (Assignment or
Transfer on Petition of Parent).  

(f)  Requires a school district to maintain records relating to each
modified assignment or transfer requested under this section, and report
the disposition of each request through the Public Education Information
Management System (PEIMS).  

SECTION 2.  Makes application of this Act prospective to the 1999-2000
school year.  

SECTION 3.Emergency clause.
  Effective date: upon passage.