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.