82R1138 CAE-F
By: Callegari H.B. No. 1117
A BILL TO BE ENTITLED
AN ACT
relating to a waiver for certain school districts from first day of
instruction requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0811, Education Code, is amended by
amending Subsection (a) and adding Subsections (c), (d), and (e) to
read as follows:
(a) Except as provided by Subsection (c), a [A] school
district may not begin instruction for students for a school year
before the fourth Monday in August unless the district operates a
year-round system under Section 25.084.
(c) A school district located wholly or partly in a county
with a population of more than 3.3 million may apply under Section
7.056 for a waiver of the prohibition prescribed by Subsection
(a). A school district applying for an exemption under this
subsection may not begin instruction before the second Monday in
August.
(d) A school district applying for a waiver as provided by
Subsection (c) must:
(1) at least 60 days before the date the district
submits the application for the waiver, post notice on the
district's Internet website:
(A) stating that the district intends to apply
for a waiver of the prohibition concerning the date of the first day
of instruction for students; and
(B) specifying the date on which the district
intends to begin instruction for students; and
(2) solicit written comments from the public
concerning the date of the first day of instruction for students.
(e) The application for a waiver under Subsection (c) must
include a summary of any opinions expressed in written comments
submitted by the public under Subsection (d)(2), including any
consensus of opinion expressed concerning the date of the first day
of instruction for students.
SECTION 2. Section 7.056(e), Education Code, is amended to
read as follows:
(e) Except as provided by Subsection (f), a school campus or
district may not receive an exemption or waiver under this section
from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule,
including a requirement for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) essential knowledge or skills under Section
28.002 or high school graduation requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, E, and J, Chapter 39;
(C) extracurricular activities under Section
33.081 or participation in a University Interscholastic League
area, regional, or state competition under Section 33.0812;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by 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) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22;
(K) special education programs under Subchapter
A, Chapter 29;
(L) bilingual education programs under
Subchapter B, Chapter 29; or
(M) the requirements for the first day of
instruction, except as provided by [under] Section 25.0811.
SECTION 3. This Act applies beginning with the 2011-2012
school year.
SECTION 4. 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, 2011.