HBA-MPM H.B. 3138 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3138
By: Hilbert
Public Education
4/9/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, school districts who graduate students who need remedial
education before they enter an institution of higher education are not
responsible for funding the cost of the remedial education.  House Bill
3138 authorizes the commissioner of education to assign all or part of the
costs of remedial education to school districts who consistently graduate
students who are in need of remedial education. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the State Board of Education in SECTION
1 (Section 45.113, Education Code) and the Texas Higher Education
Coordinating Board in SECTION 2 (Section 51.3062, Education Code) of this
bill. 

ANALYSIS

House Bill 3138 amends the Education Code to authorize the commissioner of
education (commissioner) to assign, as provided by the rules established in
this bill, a school district that consistently graduates students requiring
postsecondary remedial education all or a part of remedial education costs
provided by an institution of higher education.  The State Board of
Education (state board) in cooperation with the Texas Higher Education
Coordinating Board (higher education board) is required to adopt rules
designed to ensure fairness, consistency, and fundamental due process to
facilitate charging school districts for remedial education costs.  The
higher education board is required to develop a plan for the gradual
elimination of remedial education programs at institutions of higher
education and no later than February 1, 2003 to report its results to the
legislature.  The provisions related to the elimination of remedial
education programs expire June 1, 2003. 

EFFECTIVE DATE

September 1, 2001.