81R27702 E
By: Giddings H.B. No. 1313
Substitute the following for H.B. No. 1313:
By: Dutton C.S.H.B. No. 1313
A BILL TO BE ENTITLED
AN ACT
relating to the assignment of a public school student to an
uncertified teacher.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0215 to read as follows:
Sec. 28.0215. REQUIREMENTS FOR ASSIGNMENT OF STUDENTS TO
TEACHERS. (a) This section applies only to a school district with
an enrollment of 5,000 or more students.
(b) A student in kindergarten through grade six may not be
assigned for two consecutive school years to a teacher who does not
hold the appropriate certificate required under Section 21.003.
(c) In a subject for which a student is assessed under
Section 39.023(a) or (c), a student in grades 7 through 12 may not
be assigned for two consecutive years to a teacher who does not hold
the appropriate certificate required under Section 21.003.
(d) The requirement imposed by Subsection (b) or (c) does
not apply if the student's parent or other person standing in
parental relation to the student and a school counselor or school
administrator agree otherwise regarding assignment of the student
to a teacher.
(e) Subsection (b) or (c) does not apply to the first year a
student transfers into a school district.
(f) The commissioner may grant a waiver from the
requirements of this section to a school district if the
commissioner finds that extreme circumstances in the district
warrant the waiver. The commissioner may adopt rules as necessary
to implement this section.
SECTION 2. Section 7.056(e), Education Code, is amended to
read as follows:
(e) Except as provided by Subsection (f), a school campus or
district may not receive an exemption or waiver under this section
from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule,
including a requirement for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) essential knowledge or skills under Section
28.002 or minimum graduation requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, and G, Chapter 39;
(C) extracurricular activities under Section
33.081 or participation in a University Interscholastic League
area, regional, or state competition under Section 33.0812;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at-risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22;
(K) special education programs under Subchapter
A, Chapter 29;
(L) bilingual education programs under
Subchapter B, Chapter 29; [or]
(M) the requirements for the first day of
instruction under Section 25.0811; or
(N) assignment of a student to a teacher under
Section 28.0215, except as provided by Subsection (f) of that
section.
SECTION 3. This Act applies beginning with the 2009-2010
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.