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


Office of House Bill AnalysisC.S.H.B. 772
By: Davis, Yvonne
Public Education
4/27/1999
Committee Report (Substituted)



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.  C.S.H.B. 772 amends the
Education Code to authorize school districts to charge a fee for such
voluntary educational programs to make up missed instruction, 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 an educational
program offered outside of regular school hours through which a student
receives instruction voluntarily 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 (Section 11.158(a),
Education Code) to authorize the board of trustees of an independent school
district to require payment for costs associated with an educational
program offered outside of regular school hours through which a student
receives instruction voluntarily for the purpose of making up missed
instruction and meeting the required attendance level, rather than costs
associated with any voluntary educational program offered outside of
regular school hours.