HBA-JRA H.B. 772 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 772
By: Davis, Yvonne
Public Education
3/28/1999
Introduced



BACKGROUND AND PURPOSE 

Some school districts offer voluntary educational programs outside of
regular school hours to help students make up missed instruction or to
provide more personalized instruction.  After the 19971998 school year, the
Texas Education Agency general counsel issued an opinion prohibiting school
districts from charging fees for any activities unless specifically
authorized to do so in the Texas Education Code.  H.B. 772 amends the
Education Code to authorize school districts to charge a fee for such
voluntary educational programs, but provides that at least one option for
making up missed instruction without paying a fee must be provided to
students whose absences were due to extenuating circumstances. 

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 Section 11.158(a), Education Code, to add to the list of
fees for which the board of trustees of an independent school district may
require payment, a reasonable fee for costs associated with a voluntary
educational program offered outside of regular school hours, including a
program through which a student voluntarily receives instruction for the
purpose of making up missed instruction and meeting the required attendance
level.  Makes conforming changes. 

SECTION 2.  Amends Section 25.092(b), Education Code, to provide that the
alternative ways for students to make up work or regain credit lost due to
absences because of extenuating circumstances must include at least one
option that does not require a student to pay a fee authorized under
Section 11.158(a)(15) (Authority to Charge Fees). 

SECTION 3.  Makes application of this Act prospective to the 1999-2000
school year. 

SECTION 4.  Emergency clause.
  Effective date: upon passage.