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.