| 1 | 1 | | By: Davis S.B. No. 2431 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to excellence exemptions available to school districts. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter F, Chapter 39, Education Code, is |
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| 9 | 9 | | amended by amending Subsections (a) and (b) and adding Subsection |
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| 10 | 10 | | (e) to read as follows: |
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| 11 | 11 | | Sec. 39.112. EXCELLENCE EXEMPTIONS. (a) Except as |
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| 12 | 12 | | provided by Subsection (b), a school campus or district that is |
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| 13 | 13 | | rated exemplary is exempt from requirements and prohibitions |
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| 14 | 14 | | imposed under this code including rules adopted under this code. An |
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| 15 | 15 | | exemption under this section applies to the school year in which a |
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| 16 | 16 | | school campus or district is rated exemplary and to the following |
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| 17 | 17 | | school year. |
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| 18 | 18 | | (b) A school campus or district is not exempt under this |
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| 19 | 19 | | section from: |
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| 20 | 20 | | (1) a prohibition on conduct that constitutes a |
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| 21 | 21 | | criminal offense; |
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| 22 | 22 | | (2) requirements imposed by federal law or rule, |
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| 23 | 23 | | including requirements for special education or bilingual |
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| 24 | 24 | | education programs; or |
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| 25 | 25 | | (3) a requirement, restriction, or prohibition |
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| 26 | 26 | | relating to: |
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| 27 | 27 | | (A) curriculum essential knowledge and skills |
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| 28 | 28 | | under Section 28.002 or minimum graduation requirements under |
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| 29 | 29 | | Section 28.025; |
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| 30 | 30 | | (B) public school accountability as provided by |
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| 31 | 31 | | [Subchapters B, C, D, and G] this chapter; |
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| 32 | 32 | | (C) extracurricular activities under Section |
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| 33 | 33 | | 33.081; |
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| 34 | 34 | | (D) health and safety under Chapter 38; |
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| 35 | 35 | | (E) competitive bidding under Subchapter B, |
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| 36 | 36 | | Chapter 44; |
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| 37 | 37 | | (F) elementary school class size limits, except |
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| 38 | 38 | | as provided by Subsection (d) or Section 25.112; |
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| 39 | 39 | | (G) removal of a [disruptive] student from the |
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| 40 | 40 | | classroom under [Subchapter A,] Chapter 37; |
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| 41 | 41 | | (H) at risk programs under Subchapter C, Chapter |
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| 42 | 42 | | 29; |
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| 43 | 43 | | (I) prekindergarten programs under Subchapter E, |
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| 44 | 44 | | Chapter 29; |
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| 45 | 45 | | (J) rights and benefits of school employees; |
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| 46 | 46 | | (K) special education programs under Subchapter |
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| 47 | 47 | | A, Chapter 29; or |
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| 48 | 48 | | (L) bilingual education programs under |
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| 49 | 49 | | Subchapter B, Chapter 29. |
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| 50 | 50 | | (M) Administrative hearings under Section 7.057 |
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| 51 | 51 | | and Subchapters F and G, Chapter 21; |
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| 52 | 52 | | (N) Governance of a school district under Chapter |
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| 53 | 53 | | 11; |
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| 54 | 54 | | (O) Creation, consolidation, annexation and |
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| 55 | 55 | | boundary changes authorized under Chapter 13; |
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| 56 | 56 | | (P) Admission of students under Section 25.001; |
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| 57 | 57 | | excused student absences under Section 25.087; and truancy |
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| 58 | 58 | | provisions under Sections 25.093, 29.094, 25.095, and 25.0951; |
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| 59 | 59 | | (Q) School finance requirements and the Public |
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| 60 | 60 | | Education Information Management System under Chapters 41, 42, and |
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| 61 | 61 | | 46; and |
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| 62 | 62 | | (R) Parental Rights under Ch 26. |
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| 63 | 63 | | (c) The agency shall monitor and evaluate deregulation of a |
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| 64 | 64 | | school campus or district under this section and Section 7.056. |
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| 65 | 65 | | (d) The commissioner may exempt an exemplary school campus |
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| 66 | 66 | | from elementary class size limits under this section if the school |
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| 67 | 67 | | campus submits to the commissioner a written plan showing steps |
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| 68 | 68 | | that will be taken to ensure that the exemption from the class size |
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| 69 | 69 | | limits will not be harmful to the academic achievement of the |
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| 70 | 70 | | students on the school campus. The commissioner shall review |
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| 71 | 71 | | achievement levels annually. The exemption remains in effect until |
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| 72 | 72 | | the commissioner determines that achievement levels of the campus |
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| 73 | 73 | | have declined. |
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| 74 | 74 | | (e) Nothing in this section shall be construed to prohibit a |
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| 75 | 75 | | school district from voluntarily complying with any provision of |
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| 76 | 76 | | this title, nor from eligibility for any state or federal funds |
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| 77 | 77 | | generally available to school districts, in accordance with |
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| 78 | 78 | | eligibility requirements for such funding. |
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