HBA-DMH S.B. 266 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 266 By: Ogden Public Education 4/12/2001 Engrossed BACKGROUND AND PURPOSE The rate at which students learn varies greatly. Even students that are equally motivated may need slightly more time to grasp certain concepts. Currently, the state-funded extended year program covers only a portion of the costs for a participating district and authorizes only certain districts to participate. As a result, most public schools operate on a standard 180-day schedule, precluding the option to serve students with additional needs. If some school days within the 180-day schedule were available to assist only slower learners, fewer students might be held back at the end of the standard school year. Senate Bill 266 authorizes a school district to provide additional instructional days, with the approval of the commissioner of education, for students who did not pass an assessment test or who would not otherwise be promoted to the next grade level. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of education in SECTION 1 (Section 29.0821, Education Code) of this bill. ANALYSIS Senate Bill 266 amends the Education Code to authorize a school district to apply to the commissioner of education (commissioner) for approval to provide a flexible year program for students who did not pass an assessment instrument or who would not otherwise be promoted to the next grade level. The flexible year program may be at the beginning or end of the regular school year. To enable a school district to provide additional instructional days for a program, with the approval of the commissioner, the bill authorizes a school district to: _provide a number of days of instruction during the regular school year that is not more than 10 days fewer than the required 180 days; and _use for instructional purposes not more than five days that would otherwise be used for staff development or teacher preparation. The bill provides that each educator employed under a 10-month contract must provide a minimum of 187 days of required service regardless of any reduction in the number of instructional days in the regular school year or in the number of staff development days. The bill authorizes a school district to require educational support personnel to provide service as necessary for a flexible year program. The bill authorizes the commissioner to adopt rules for the administration of the flexible year program. EFFECTIVE DATE September 1, 2001.