81R8557 CAE-D
By: Marquez H.B. No. 2742
A BILL TO BE ENTITLED
AN ACT
relating to the first day of instruction at a public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0811, Education Code, is amended to
read as follows:
Sec. 25.0811. FIRST DAY OF INSTRUCTION. [(a)] The board of
trustees of a [A] school district shall determine the first day of
[may not begin] instruction for students [for a school year before
the fourth Monday in August unless the district operates a
year-round system under Section 25.084].
[(b) Notwithstanding Subsection (a), a school district that
does not offer each grade level from kindergarten through grade 12
and whose prospective or former students generally attend school in
another state for the grade levels the district does not offer may
start school on any date permitted under Subsection (a) or the law
of the other state.]
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; or
(L) bilingual education programs under
Subchapter B, Chapter 29[; or
[(M) the requirements for the first day of
instruction under Section 25.0811].
SECTION 3. Section 25.084(a), Education Code, is amended to
read as follows:
(a) A school district may operate its schools year-round on
either a single-track or a multitrack calendar. If a school
district adopts a year-round system, the district may modify:
(1) the number of contract days of employees and the
number of days of operation, including any time required for staff
development, planning and preparation, and continuing education,
otherwise required by law;
(2) testing dates, data reporting, and related
matters; and
(3) [the date of the first day of instruction of the
school year under Section 25.0811 for a school that was operating
year-round for the 2000-2001 school year; and
[(4)] a student's eligibility to participate in
extracurricular activities when the student's calendar track is not
in session.
SECTION 4. This Act applies beginning with the 2009-2010
school year.
SECTION 5. 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.