HBA-CCH H.B. 1936 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1936 By: Dutton Public Education 3/12/2001 Introduced BACKGROUND AND PURPOSE School districts have gradually reduced the length of summer breaks without incorporating community input on the matter. Determining the first instructional day by referendum election would allow local communities more control and flexibility. House Bill 1936 requires that each school district's first day of instruction be determined by a referendum election on one of two possible dates set by the district's board of trustees. 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. ANALYSIS House Bill 1936 amends the Education Code to provide that the first instructional day of the school year must be determined by a referendum election. The bill requires the board of trustees of each school district (board) to propose two dates for the first instructional day of the school year. One of the proposed dates must not be earlier than August 21 or later than August 31 and the other proposed date must be September 1 or a later date. The bill provides that the proposed dates must be based on written recommendations submitted to the board by district residents in response to a request by the board for recommendations. In making the request, the board is required to use a method designed to reach as many district residents as practicable and to include statements concerning the date and manner of the submitted proposals, and the restrictions imposed on the proposed dates by this bill. The bill authorizes the referendum to be placed on the ballot at any type of school district election, including an election of district trustees, a bond election, or a special election, but a district is not required to hold a special election. The bill sets forth the precise language of the ballot and the propositions and provides procedures for a tied vote. The result of the vote or resolution takes effect beginning the succeeding school year and continues for each school year thereafter and authorizes a school district to modify the date of the first instructional day for a school that was operating year-round for the 2000-2001 school year. The bill requires the Texas Higher Education Coordinating Board to consult with each general academic teaching institution to ensure that the institution adopts a calendar for the academic year under which the first instructional day of the first term of the summer session is not earlier than the second full week in June. This provision applies beginning with the first instructional day of the first term of the summer session in 2002. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.