HBA-MPM C.S.S.B. 385 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 385
By: Bivins
Public Education
5/11/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

With an increasing student population in Texas universities, there are now
more students taking remedial courses.  The cost of remediation to the
state has markedly increased over the years.  Also, there are many
educational stakeholders in the state who are concerned with the minimum
standards required for students to graduate.  Many high school students who
graduate under the minimum high school program are not prepared for the
more rigorous curriculum in a higher education environment. C.S.S.B. 385
requires completion of the recommended or advanced high school program for
high school graduation and for admission to a general academic teaching
institution. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Higher Education Coordinating
Board in SECTION 5 (Section 51.807, Education Code) of this bill. 

ANALYSIS

C.S.S.B. 385 amends the Education Code to authorize a student to graduate
and receive a diploma only if:  

_the student successfully completes the recommended or advanced high school
program; 

_the student, student's parent or other person standing in parental
relation to the student (parent), and a school counselor or administrator
agree that the student should not complete the recommended or advanced high
school program and the student successfully completes the minimum high
school program; or  

_the student successfully completes an individualized special education
program (Sec. 28.025). 

The bill provides that completion of the recommended or advanced high
school curriculum or an equivalent curriculum is a requirement for
automatic admission to a general academic teaching institution.  The
requirement does not apply to an applicant who graduated from a public high
school that did not offer or make available the recommended or advanced
curriculum.  The exemption expires August 1, 2007. The bill provides that
to qualify for admission under the automatic admission provisions, the
application must be submitted before the expiration of any application
filing deadlines established by the institution (Sec. 51.803).  The bill
further provides that the satisfactory completion of the recommended or
advanced high school program or the equivalent is a minimum requirement for
admission to a general academic teaching institution directly following
high school graduation.  A student who does not meet this requirement must
earn at least 24 semester credit hours in the core curriculum at an
institution of higher education other than a general academic teaching
institution before the student may be considered for admission into a
general academic teaching institution (Sec. 51.805). 
 
C.S.S.B. 385 requires the Texas Higher Education Coordinating Board (THECB)
after consulting with the Texas Education Agency to establish by rule
standards for determining whether a private high school is  accredited by a
generally accepted accrediting organization and whether a person completed
a high school curriculum that is the equivalent to the recommended or
advanced high school program (Sec. 51.807). 

The bill requires each school district to give notice to the parent of each
student enrolling in the ninth grade concerning high school graduation
programs, including the requirements of this bill (Secs. 28.025 and
28.051). 

EFFECTIVE DATE

September 1, 2001.  Provisions regarding requirements for graduation take
effect August 1, 2003 and apply to students entering the ninth grade in the
2003-2004 school year and after.  Provisions regarding the notice to
parents take effect September 1, 2002 and apply beginning with registration
for the 20032004 school year.  Provisions regarding automatic admission to
a general academic institution and standards adopted by THECB take effect
September 1, 2004 and apply beginning with admissions for the 2005-2006
academic year. Provisions regarding admission to a general academic
teaching institution take effect August 1, 2007 and apply beginning with
admissions for the 2007 fall semester, and may not apply to students
graduating prior to January 1, 2007. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 385 differs from the original by amending the Education Code to
provide that completion of the recommended or advanced high school program
is a requirement for high school graduation and admission to a general
academic teaching institution, whereas the original required a school
district to ensure that each student enrolls in the recommended or advanced
high school program. The substitute removes provisions authorizing a
district upon a student's request to petition the State Board of Education
(SBOE) to approve a course that does not fall within the recommended high
school program in place of a requirement listed as part of the recommended
high school program (Secs. 28.025, 51.803, and 51.805).  

The substitute modifies the information contained in the notification to
parents of children enrolling in the ninth grade (Secs. 28.025 and
28.0251). 

The substitute removes the provision requiring SBOE to adopt rules to
establish procedures for the implementation of the provisions of the
original bill and requires the Texas Higher Education Coordinating Board to
by rule establish standards for determining the accreditation of private
high schools and whether a person completed a high school curriculum that
is equivalent to the recommended or advanced high school program (Sec.
51.807).