By: Davis S.B. No. 2431
A BILL TO BE ENTITLED
AN ACT
relating to excellence exemptions available to school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 39, Education Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(e) to read as follows:
Sec. 39.112. EXCELLENCE EXEMPTIONS. (a) Except as
provided by Subsection (b), 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. An
exemption under this section applies to the school year in which a
school campus or district is rated exemplary and to the following
school year.
(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] this chapter;
(C) extracurricular activities under Section
33.081;
(D) health and safety under Chapter 38;
(E) competitive bidding under Subchapter B,
Chapter 44;
(F) elementary school class size limits, except
as provided by Subsection (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.
(M) Administrative hearings under Section 7.057
and Subchapters F and G, Chapter 21;
(N) Governance of a school district under Chapter
11;
(O) Creation, consolidation, annexation and
boundary changes authorized under Chapter 13;
(P) Admission of students under Section 25.001;
excused student absences under Section 25.087; and truancy
provisions under Sections 25.093, 29.094, 25.095, and 25.0951;
(Q) School finance requirements and the Public
Education Information Management System under Chapters 41, 42, and
46; and
(R) Parental Rights under Ch 26.
(c) The agency shall monitor and evaluate deregulation of a
school campus or district under this section and Section 7.056.
(d) The commissioner may exempt an exemplary school campus
from elementary class size limits 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) Nothing in this section shall be construed to prohibit a
school district from voluntarily complying with any provision of
this title, nor from eligibility for any state or federal funds
generally available to school districts, in accordance with
eligibility requirements for such funding.