HBA-JRA H.B. 1470 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1470 By: Hilbert Public Education 4/19/1999 Introduced BACKGROUND AND PURPOSE Currently, a school district that consistently graduates students who need remedial education before they can continue with higher education is not responsible for funding the remedial education. H.B. 1470 authorizes the commissioner of education to assign the costs of remedial education provided by an institution of higher education to a school district that consistently graduates students who need such remedial education. In addition, this bill requires the Texas Higher Education Coordinating Board to develop a plan for the gradual elimination of remedial educational program at institutions of higher education. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the State Board of Education in SECTION 1 (Section 45.112, Education Code) and to the Texas Higher Education Coordinating Board in SECTION 2 (Section 51.3062, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter E, Chapter 45, Education Code, by adding Section 45.112, as follows: Sec. 45.112. SCHOOL DISTRICT RESPONSIBILITY FOR REMEDIAL EDUCATION COSTS. (a) Authorizes the commissioner of education (commissioner) to assign all or part of the costs of remedial education provided by an institution of higher education to a school district that consistently graduates students who require postsecondary remedial education. Requires the commissioner to assign the costs as provided by the rules adopted under this section and Section 51.3062. (b) Requires the State Board of Education, in cooperation with the Texas Higher Education Coordinating Board, to adopt rules to facilitate charging school districts for remedial education costs under this section that are designed to ensure fairness, consistency, and fundamental due process. (c) Provides that "institution of higher education" has the meaning assigned by Section 61.003 (Definitions). SECTION 2. Amends Subchapter F, Chapter 51, Education Code, by adding Sections 51.3062 and 51.3063, as follows: Sec. 51.3062. RULES APPLYING TO REMEDIAL EDUCATION COSTS. Requires the Texas Higher Education Coordinating Board, in cooperation with the State Board of Education, to adopt rules to facilitate charging school districts for remedial education costs under Section 45.112 that are designed to ensure fairness, consistency, and fundamental due process. Sec. 51.3063. ELIMINATION OF REMEDIAL EDUCATION PROGRAMS. Requires the Texas Higher Education Coordinating Board to develop a plan for the gradual elimination of remedial educational program at institutions of higher education and make a report of its results to the 77th Legislature by February 1, 2001. Provides that this section expires June 1, 2001. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.