HBA-RBT H.B. 87 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 87
By: Gutierrez
Public Education
5/4/1999
Committee Report (Amended)

BACKGROUND AND PURPOSE 

The Paperwork Reduction Act was repealed with the passage of Senate Bill 1
by the 74th Legislature.  Accordingly, the power of the State Board of
Education to adopt rules concerning that Act was eliminated, and the amount
of paperwork that may be required of teachers is no longer regulated by
statute.  H.B. 87 limits the amount of paperwork which can be required of
public school classroom teachers. 

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 Subchapter I, Chapter 21, Education Code, to add Section
21.410, as follows: 

Sec. 21.410.  RESTRICTING WRITTEN REPORTS.  Requires the board of trustees
of each school district to adopt a policy to limit redundant requests for
information, and the number and length of written reports that a classroom
teacher is required to prepare.  Prohibits requiring a classroom teacher to
prepare a written report except for a student's grade on an assignment or
examination, a student's grades at the end of a reporting period, a
textbook report, a unit or weekly lesson plan report that briefly outlines
the information to be presented during each period for secondary schools,
and in each subject for elementary schools, an attendance report, a report
required for accreditation review, or any other report required by law or
State Board of Education rule to be prepared by a classroom teacher.
Provides that a classroom teacher may be required to provide information if
the information is required by state or federal law, regulation, or rule,
and the only reasonable manner in which to collect the information is
through the direct involvement of the teacher.  Requires the board of
trustees to review paperwork requirements imposed on classroom teachers and
to transfer reporting tasks to existing noninstructional staff if they can
accomplish the tasks. Provides that a school district is not prohibited
from collecting essential information from a classroom teacher if
participation is entirely at the discretion of the teacher and the school
district does not coerce the teacher, a decision not to participate is not
held against the teacher, and the commissioner of education or the
commissioner's designee promptly investigates any allegation of misuse of
voluntary information-gathering procedures that burdens a teacher and
circumvents compliance with the statutory intent for paperwork reduction. 

SECTION 2.  Makes application of this Act prospective, beginning with the
1999-2000 school year. 

SECTION 3.  Emergency clause.
            Effective date:  upon passage

EXPLANATION OF AMENDMENTS

Committee Amendment No.  1.

Prohibits a classroom teacher from being required to prepare any other
report directly related to the professional duties of the teacher, in
addition to the reports listed in the bill.