| 1 | 1 | | 81R27702 E |
|---|
| 2 | 2 | | By: Giddings H.B. No. 1313 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 1313: |
|---|
| 4 | 4 | | By: Dutton C.S.H.B. No. 1313 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the assignment of a public school student to an |
|---|
| 10 | 10 | | uncertified teacher. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subchapter B, Chapter 28, Education Code, is |
|---|
| 13 | 13 | | amended by adding Section 28.0215 to read as follows: |
|---|
| 14 | 14 | | Sec. 28.0215. REQUIREMENTS FOR ASSIGNMENT OF STUDENTS TO |
|---|
| 15 | 15 | | TEACHERS. (a) This section applies only to a school district with |
|---|
| 16 | 16 | | an enrollment of 5,000 or more students. |
|---|
| 17 | 17 | | (b) A student in kindergarten through grade six may not be |
|---|
| 18 | 18 | | assigned for two consecutive school years to a teacher who does not |
|---|
| 19 | 19 | | hold the appropriate certificate required under Section 21.003. |
|---|
| 20 | 20 | | (c) In a subject for which a student is assessed under |
|---|
| 21 | 21 | | Section 39.023(a) or (c), a student in grades 7 through 12 may not |
|---|
| 22 | 22 | | be assigned for two consecutive years to a teacher who does not hold |
|---|
| 23 | 23 | | the appropriate certificate required under Section 21.003. |
|---|
| 24 | 24 | | (d) The requirement imposed by Subsection (b) or (c) does |
|---|
| 25 | 25 | | not apply if the student's parent or other person standing in |
|---|
| 26 | 26 | | parental relation to the student and a school counselor or school |
|---|
| 27 | 27 | | administrator agree otherwise regarding assignment of the student |
|---|
| 28 | 28 | | to a teacher. |
|---|
| 29 | 29 | | (e) Subsection (b) or (c) does not apply to the first year a |
|---|
| 30 | 30 | | student transfers into a school district. |
|---|
| 31 | 31 | | (f) The commissioner may grant a waiver from the |
|---|
| 32 | 32 | | requirements of this section to a school district if the |
|---|
| 33 | 33 | | commissioner finds that extreme circumstances in the district |
|---|
| 34 | 34 | | warrant the waiver. The commissioner may adopt rules as necessary |
|---|
| 35 | 35 | | to implement this section. |
|---|
| 36 | 36 | | SECTION 2. Section 7.056(e), Education Code, is amended to |
|---|
| 37 | 37 | | read as follows: |
|---|
| 38 | 38 | | (e) Except as provided by Subsection (f), a school campus or |
|---|
| 39 | 39 | | district may not receive an exemption or waiver under this section |
|---|
| 40 | 40 | | from: |
|---|
| 41 | 41 | | (1) a prohibition on conduct that constitutes a |
|---|
| 42 | 42 | | criminal offense; |
|---|
| 43 | 43 | | (2) a requirement imposed by federal law or rule, |
|---|
| 44 | 44 | | including a requirement for special education or bilingual |
|---|
| 45 | 45 | | education programs; or |
|---|
| 46 | 46 | | (3) a requirement, restriction, or prohibition |
|---|
| 47 | 47 | | relating to: |
|---|
| 48 | 48 | | (A) essential knowledge or skills under Section |
|---|
| 49 | 49 | | 28.002 or minimum graduation requirements under Section 28.025; |
|---|
| 50 | 50 | | (B) public school accountability as provided by |
|---|
| 51 | 51 | | Subchapters B, C, D, and G, Chapter 39; |
|---|
| 52 | 52 | | (C) extracurricular activities under Section |
|---|
| 53 | 53 | | 33.081 or participation in a University Interscholastic League |
|---|
| 54 | 54 | | area, regional, or state competition under Section 33.0812; |
|---|
| 55 | 55 | | (D) health and safety under Chapter 38; |
|---|
| 56 | 56 | | (E) purchasing under Subchapter B, Chapter 44; |
|---|
| 57 | 57 | | (F) elementary school class size limits, except |
|---|
| 58 | 58 | | as provided by Section 25.112; |
|---|
| 59 | 59 | | (G) removal of a disruptive student from the |
|---|
| 60 | 60 | | classroom under Subchapter A, Chapter 37; |
|---|
| 61 | 61 | | (H) at-risk programs under Subchapter C, Chapter |
|---|
| 62 | 62 | | 29; |
|---|
| 63 | 63 | | (I) prekindergarten programs under Subchapter E, |
|---|
| 64 | 64 | | Chapter 29; |
|---|
| 65 | 65 | | (J) educator rights and benefits under |
|---|
| 66 | 66 | | Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
|---|
| 67 | 67 | | A, Chapter 22; |
|---|
| 68 | 68 | | (K) special education programs under Subchapter |
|---|
| 69 | 69 | | A, Chapter 29; |
|---|
| 70 | 70 | | (L) bilingual education programs under |
|---|
| 71 | 71 | | Subchapter B, Chapter 29; [or] |
|---|
| 72 | 72 | | (M) the requirements for the first day of |
|---|
| 73 | 73 | | instruction under Section 25.0811; or |
|---|
| 74 | 74 | | (N) assignment of a student to a teacher under |
|---|
| 75 | 75 | | Section 28.0215, except as provided by Subsection (f) of that |
|---|
| 76 | 76 | | section. |
|---|
| 77 | 77 | | SECTION 3. This Act applies beginning with the 2009-2010 |
|---|
| 78 | 78 | | school year. |
|---|
| 79 | 79 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 83 | 83 | | Act takes effect September 1, 2009. |
|---|