| 1 | 1 | | 81R664 CAE-D |
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| 2 | 2 | | By: Dutton H.B. No. 920 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the receipt of an exemption or waiver for a school |
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| 8 | 8 | | district or campus that is academically unacceptable. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 7.056(a), (e), and (f), Education Code, |
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| 11 | 11 | | are amended to read as follows: |
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| 12 | 12 | | (a) Except as provided by Subsection (e) or (f), a school |
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| 13 | 13 | | campus or district may apply to the commissioner for a waiver of a |
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| 14 | 14 | | requirement, restriction, or prohibition imposed by this code or |
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| 15 | 15 | | rule of the board or commissioner. |
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| 16 | 16 | | (e) A [Except as provided by Subsection (f), a] school |
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| 17 | 17 | | campus or district may not receive an exemption or waiver under this |
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| 18 | 18 | | section from: |
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| 19 | 19 | | (1) a prohibition on conduct that constitutes a |
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| 20 | 20 | | criminal offense; |
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| 21 | 21 | | (2) a requirement imposed by federal law or rule, |
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| 22 | 22 | | including a requirement for special education or bilingual |
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| 23 | 23 | | education programs; or |
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| 24 | 24 | | (3) a requirement, restriction, or prohibition |
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| 25 | 25 | | relating to: |
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| 26 | 26 | | (A) essential knowledge or skills under Section |
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| 27 | 27 | | 28.002 or minimum graduation requirements under Section 28.025; |
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| 28 | 28 | | (B) public school accountability as provided by |
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| 29 | 29 | | Subchapters B, C, D, and G, Chapter 39; |
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| 30 | 30 | | (C) extracurricular activities under Section |
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| 31 | 31 | | 33.081 or participation in a University Interscholastic League |
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| 32 | 32 | | area, regional, or state competition under Section 33.0812; |
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| 33 | 33 | | (D) health and safety under Chapter 38; |
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| 34 | 34 | | (E) purchasing under Subchapter B, Chapter 44; |
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| 35 | 35 | | (F) elementary school class size limits, except |
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| 36 | 36 | | as provided by Section 25.112; |
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| 37 | 37 | | (G) removal of a disruptive student from the |
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| 38 | 38 | | classroom under Subchapter A, Chapter 37; |
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| 39 | 39 | | (H) at-risk programs under Subchapter C, Chapter |
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| 40 | 40 | | 29; |
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| 41 | 41 | | (I) prekindergarten programs under Subchapter E, |
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| 42 | 42 | | Chapter 29; |
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| 43 | 43 | | (J) educator rights and benefits under |
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| 44 | 44 | | Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
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| 45 | 45 | | A, Chapter 22; |
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| 46 | 46 | | (K) special education programs under Subchapter |
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| 47 | 47 | | A, Chapter 29; |
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| 48 | 48 | | (L) bilingual education programs under |
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| 49 | 49 | | Subchapter B, Chapter 29; or |
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| 50 | 50 | | (M) the requirements for the first day of |
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| 51 | 51 | | instruction under Section 25.0811. |
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| 52 | 52 | | (f) A school district or campus that is academically |
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| 53 | 53 | | unacceptable as provided by Section 39.072 or 39.132 [is required |
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| 54 | 54 | | to develop and implement a student achievement improvement plan |
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| 55 | 55 | | under Section 39.131 or 39.132] may not receive an exemption or |
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| 56 | 56 | | waiver under this section from any law or rule [other than: |
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| 57 | 57 | | [(1) a prohibition on conduct that constitutes a |
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| 58 | 58 | | criminal offense; |
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| 59 | 59 | | [(2) a requirement imposed by federal law or rule; |
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| 60 | 60 | | [(3) a requirement, restriction, or prohibition |
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| 61 | 61 | | imposed by state law or rule relating to: |
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| 62 | 62 | | [(A) public school accountability as provided by |
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| 63 | 63 | | Subchapters B, C, D, and G, Chapter 39; or |
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| 64 | 64 | | [(B) educator rights and benefits under |
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| 65 | 65 | | Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
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| 66 | 66 | | A, Chapter 22; or |
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| 67 | 67 | | [(4) textbook selection under Chapter 31]. |
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| 68 | 68 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 69 | 69 | | school year. |
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| 70 | 70 | | SECTION 3. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2009. |
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