HBA-MPM, JRA H.B. 772 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 772
By: Davis, Yvonne
Public Education
6/15/1999
Enrolled



BACKGROUND AND PURPOSE 

Some school districts offer voluntary educational programs outside of
regular school hours to help students make up missed instruction or to
provide more personalized instruction.  After the 19971998 school year, the
Texas Education Agency general counsel issued an opinion prohibiting school
districts from charging fees for any activities unless specifically
authorized to do so in the Texas Education Code, however, prior to the 76th
Legislative Session, this authorization did not exist. H.B. 772 amends the
Education Code to authorize school districts to charge a fee for such
voluntary educational programs to make up missed instruction, but provides
that at least one option for making up missed instruction without paying a
fee must be provided to students whose absences were due to extenuating
circumstances. 

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 11.158(a), Education Code, to add to the list of
fees one that is not to exceed $50 for costs associated with an educational
program offered outside of regular school hours through which a student who
was absent from class voluntarily receives instruction for the purpose of
making up missed instruction and meeting attendance requirements.  Provides
that for this fee, a school district must provide a written form to be
signed by the student's legal guardian stating that the feel would not
create a financial hardship or discourage the student from attending the
program.  Authorizes the district to only assess the fee if the student
returns the signed form. 

SECTION 2.  Amends Section 25.092(b), Education Code, to provide that the
alternative ways for students to make up work or regain credit lost due to
absences because of extenuating circumstances must include at least one
option that does not require a student to pay a fee authorized under
Section 11.158(a) (Authority to Charge Fees), Education Code.  Provides
that the availability of this option must be substantially similar to the
availability of the educational program developed under Section 11.158(a). 

SECTION 3.  Makes application of this Act prospective to the 1999-2000
school year. 

SECTION 4.  Emergency clause.
  Effective date: upon passage.