HBA-NLM H.B. 617 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 617 By: Ehrhardt Public Education 3/5/1999 Introduced BACKGROUND AND PURPOSE Section 11.251 (Planning and Decision-Making Process), Education Code, establishes a district- and campus-level planning and decision- making process that provides for a site-based 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. 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 of education (commissioner) must submit a written application to the commissioner, which must include written comments from the appropriate site-based decision-making committee. However, no process exists which verifies that the majority of the committee members have reviewed the waiver before the submission of written comments, on behalf of the committee, to the commissioner. H.B. 617 requires a written application for a waiver to include the signature of the chairperson of the appropriate campus- or district-level committee to indicate that a majority of the committee members have reviewed the application. This bill provides that the chairperson of the district-level committee, and of each campus-level committee whose campus is affected, must comment on and sign the district's application for a waiver; accordingly, the chairperson of the campus-level committee must comment on and sign the campus' application for a waiver by a campus. 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(b), Education Code, to include among the required contents of a written application for a waiver, the signature of the chairperson of the appropriate campus or district-level committee established under Section 11.251 (Planning and Decision-Making Process) evidencing review of the application by a majority of the members of the committee. Provides that the chairperson of the district-level committee, and of each campus-level committee whose campus is affected, must comment on and sign the district's application for a waiver. Provides that the chairperson of the campus-level committee must comment on and sign the campus' application for a waiver by a campus. Makes a nonsubstantive change. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.