Texas 2009 - 81st Regular

Texas House Bill HB4013 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10483 KKA-D
2	2	By: Weber H.B. No. 4013
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exempting certain school districts from certain laws
8	8	and rules.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 39.074(a) and (b), Education Code, are
11	11	amended to read as follows:
12	12	(a) The commissioner may:
13	13	(1) to ensure compliance with federal law or
14	14	regulations, direct the agency to conduct on-site investigations at
15	15	any time of [to answer any questions concerning] a program,
16	16	including a special education program, required by federal law or
17	17	for which the district receives federal funds; and
18	18	(2) raise or lower the performance rating as a result
19	19	of the investigation.
20	20	(b) Except as provided by Subsection (a), the [The]
21	21	commissioner may direct the agency to conduct [shall determine the
22	22	frequency of] on-site investigations of a district only if the
23	23	district was rated academically unacceptable under Section 39.072
24	24	for the preceding school year [by the agency according to annual
25	25	comprehensive analyses of student performance and equity in
26	26	relation to the academic excellence indicators adopted under
27	27	Section 39.051].
28	28	SECTION 2. Section 39.112, Education Code, is amended by
29	29	amending Subsections (a), (b), and (d) and adding Subsections (c-1)
30	30	and (e) to read as follows:
31	31	(a) Except as provided by Subsection (b) or (c-1), a school
32	32	campus or district that is rated exemplary is exempt from
33	33	requirements and prohibitions imposed under this code, including
34	34	rules adopted under this code.
35	35	(b) A school campus or district is not exempt under this
36	36	section from:
37	37	(1) a prohibition on conduct that constitutes a
38	38	criminal offense;
39	39	(2) requirements imposed by federal law or rule,
40	40	including requirements for special education or bilingual
41	41	education programs; or
42	42	(3) a requirement, restriction, or prohibition
43	43	relating to:
44	44	(A) curriculum essential knowledge and skills
45	45	under Section 28.002 or minimum graduation requirements under
46	46	Section 28.025;
47	47	(B) public school accountability as provided by
48	48	Subchapters B, C, D, and G;
49	49	(C) extracurricular activities under Section
50	50	33.081;
51	51	(D) health and safety under Chapter 38;
52	52	(E) purchasing [competitive bidding] under
53	53	Subchapter B, Chapter 44;
54	54	(F) elementary school class size limits, except
55	55	as provided by Subsection (c-1) or (d) or Section 25.112;
56	56	(G) removal of a disruptive student from the
57	57	classroom under Subchapter A, Chapter 37;
58	58	(H) at risk programs under Subchapter C, Chapter
59	59	29;
60	60	(I) prekindergarten programs under Subchapter E,
61	61	Chapter 29;
62	62	(J) rights and benefits of school employees;
63	63	(K) special education programs under Subchapter
64	64	A, Chapter 29; or
65	65	(L) bilingual education programs under
66	66	Subchapter B, Chapter 29.
67	67	(c-1) Notwithstanding Section 25.112, a school district
68	68	that is rated exemplary or recognized may not enroll at the
69	69	kindergarten, first grade, second grade, third grade, or fourth
70	70	grade level an average of more than 22 students per class per
71	71	campus. The exceptions to elementary school class size limits
72	72	provided by Section 25.112 apply to the limits under this
73	73	subsection.
74	74	(d) The commissioner may exempt an exemplary school campus
75	75	from elementary class size limits prescribed by Section 25.112
76	76	[under this section] if the school campus submits to the
77	77	commissioner a written plan showing steps that will be taken to
78	78	ensure that the exemption from the class size limits will not be
79	79	harmful to the academic achievement of the students on the school
80	80	campus. The commissioner shall review achievement levels annually.
81	81	The exemption remains in effect until the commissioner determines
82	82	that achievement levels of the campus have declined.
83	83	(e) A school district that is rated exemplary or recognized
84	84	is specifically exempted from the following provisions and any rule
85	85	adopted under any of the following provisions:
86	86	(1) Section 21.003(a), restricting employment to only
87	87	those educators holding appropriate certification;
88	88	(2) Section 37.020, requiring a report concerning
89	89	expulsions and disciplinary alternative education program
90	90	placements;
91	91	(3) Sections 42.152(c), (q), (q-1), (q-2), (q-3),
92	92	(q-4), and (r), restricting the use of the compensatory education
93	93	allotment;
94	94	(4) Section 42.154(c), restricting the use of the
95	95	career and technology education allotment; and
96	96	(5) Section 42.156(b), restricting the use of the
97	97	gifted and talented student allotment.
98	98	SECTION 3. Section 39.074(e), Education Code, is repealed.
99	99	SECTION 4. This Act applies beginning with the 2009-2010
100	100	school year.
101	101	SECTION 5. This Act takes effect immediately if it receives
102	102	a vote of two-thirds of all the members elected to each house, as
103	103	provided by Section 39, Article III, Texas Constitution. If this
104	104	Act does not receive the vote necessary for immediate effect, this
105	105	Act takes effect September 1, 2009.