HBA-NLM H.B. 608 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 608 By: Madden Public Education 3/5/1999 Introduced BACKGROUND AND PURPOSE Currently, the commissioner of education (commissioner) has the authority to approve or deny all requests for waivers of state law or State Board of Education rules. According to statute, there are thirteen requirements which can not be waived although one of these, class size, is the second most common waiver granted. Under Section 7.056 (Waivers and Exemptions), Education Code, any school campus or district seeking a waiver of a requirement, restriction, or prohibition provided by the Education Code or rule of the school board or the commissioner must submit a written application to the commissioner, which must include written comments from the appropriate sitebased decision-making committee. This committee is composed of professional staff of the district, parents, and community members to establish and review the district's and campuses' educational plans, goals, performance objectives, and major classroom instructional programs. However, no process exists which verifies that the majority of the committee members, including parents, have reviewed the waiver before the submission of written comments, on behalf of the committee, to the commissioner. H.B. 608 specifies that a school campus or district applying for a waiver must provide written notice to the parent of each student who will be affected by the waiver, specifying the requirement, restriction, or prohibition that the district or campus is requesting the commissioner to waive. Provides that a "parent" under this subsection includes a guardian. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 7.056, Education Code, as follows: (a) Provides an exception under Subsection (f), rather than (e). (b) Specifies that a school campus or district applying for a waiver under Subsection (a) or (h) or Section 25.112(d) (Class Size) must provide written notice to the parent of each student who will be affected by the waiver, as reasonably determined by the campus or district, by the 20th day before the date of the application. Provides that the notice must specify the requirement, restriction, or prohibition that the district or campus is requesting the commissioner of education (commissioner) to waive. Provides that a "parent" under this subsection includes a guardian. (c) Creates this subsection from existing text. Includes the provision that an application under this subsection must include any written comments from a parent received in response to the notification provided under Subsection (b). Makes nonsubstantive changes. (d)-(h) Redesignated from existing Subsections (c)-(g) and makes a conforming change in Subsection (f). SECTION 2. Amends Section 26.003 (a), Education Code, to include that a parent is entitled to be given notice of an application for a waiver of a requirement, restriction, or prohibition concerning public education, in accordance with Section 7.056 (b). SECTION 3. Makes a conforming change. SECTION 4. Provides that Section 7.056, Education Code, as amended by this Act, applies beginning with an application for the 1999-2000 school year. SECTION 5. Emergency clause. Effective date: upon passage.