81R10483 KKA-D
By: Weber H.B. No. 4013
A BILL TO BE ENTITLED
AN ACT
relating to exempting certain school districts from certain laws
and rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 39.074(a) and (b), Education Code, are
amended to read as follows:
(a) The commissioner may:
(1) to ensure compliance with federal law or
regulations, direct the agency to conduct on-site investigations at
any time of [to answer any questions concerning] a program,
including a special education program, required by federal law or
for which the district receives federal funds; and
(2) raise or lower the performance rating as a result
of the investigation.
(b) Except as provided by Subsection (a), the [The]
commissioner may direct the agency to conduct [shall determine the
frequency of] on-site investigations of a district only if the
district was rated academically unacceptable under Section 39.072
for the preceding school year [by the agency according to annual
comprehensive analyses of student performance and equity in
relation to the academic excellence indicators adopted under
Section 39.051].
SECTION 2. Section 39.112, Education Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsections (c-1)
and (e) to read as follows:
(a) Except as provided by Subsection (b) or (c-1), a school
campus or district that is rated exemplary is exempt from
requirements and prohibitions imposed under this code, including
rules adopted under this code.
(b) A school campus or district is not exempt under this
section from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) requirements imposed by federal law or rule,
including requirements for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) curriculum essential knowledge and 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;
(C) extracurricular activities under Section
33.081;
(D) health and safety under Chapter 38;
(E) purchasing [competitive bidding] under
Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Subsection (c-1) or (d) or 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) rights and benefits of school employees;
(K) special education programs under Subchapter
A, Chapter 29; or
(L) bilingual education programs under
Subchapter B, Chapter 29.
(c-1) Notwithstanding Section 25.112, a school district
that is rated exemplary or recognized may not enroll at the
kindergarten, first grade, second grade, third grade, or fourth
grade level an average of more than 22 students per class per
campus. The exceptions to elementary school class size limits
provided by Section 25.112 apply to the limits under this
subsection.
(d) The commissioner may exempt an exemplary school campus
from elementary class size limits prescribed by Section 25.112
[under this section] if the school campus submits to the
commissioner a written plan showing steps that will be taken to
ensure that the exemption from the class size limits will not be
harmful to the academic achievement of the students on the school
campus. The commissioner shall review achievement levels annually.
The exemption remains in effect until the commissioner determines
that achievement levels of the campus have declined.
(e) A school district that is rated exemplary or recognized
is specifically exempted from the following provisions and any rule
adopted under any of the following provisions:
(1) Section 21.003(a), restricting employment to only
those educators holding appropriate certification;
(2) Section 37.020, requiring a report concerning
expulsions and disciplinary alternative education program
placements;
(3) Sections 42.152(c), (q), (q-1), (q-2), (q-3),
(q-4), and (r), restricting the use of the compensatory education
allotment;
(4) Section 42.154(c), restricting the use of the
career and technology education allotment; and
(5) Section 42.156(b), restricting the use of the
gifted and talented student allotment.
SECTION 3. Section 39.074(e), Education Code, is repealed.
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.