HBA-JRA S.B. 268 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 268 By: Ogden Public Education 5/12/1999 Engrossed BACKGROUND AND PURPOSE Currently, the state-funded flexible year program for schools has not proven to be adequate to meet the needs of at-risk students. The program covers only a portion of the costs for a participating district, and is only available to certain students in certain grade levels. S.B. 268 authorizes a school district to apply to the commissioner of education for approval to provide an optional flexible year program for students who would not otherwise be promoted to the next grade level. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly granted to the commissioner of education in SECTION 1 (Section 29.0821, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 29, Education Code, by adding Section 29.0821, as follows: Sec. 29.0821. OPTIONAL FLEXIBLE YEAR PROGRAM. (a) Authorizes a school district to apply to the commissioner of education (commissioner) for approval to provide an optional flexible year program (program) for students who would not otherwise be promoted to the next grade level. (b) Authorizes a school district to provide a specified number of instructional days, in order to provide a program. (c) Provides that each educator employed under a 10-month contract must provide the minimum number of days of service, notwithstanding any reduction in the number of instruction days in the regular school year or in the number of staff development days. (d) Authorizes a school district to require educational support personnel to provide service as necessary for a program. (e) Authorizes a program to be at the beginning or end of the regular school year. (f) Authorizes the commissioner to adopt rules for the administration of programs provided under this section. SECTION 2. Amends Section 25.081(a), Education Code, to make conforming changes. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.