83R3869 KKA-D
By: King of Taylor H.B. No. 864
A BILL TO BE ENTITLED
AN ACT
relating to school district waivers from state curriculum
requirements for high school graduation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.056, Education Code, is amended by
amending Subsections (d) and (e) and adding Subsections (e-1),
(e-2), (e-3), and (e-4) to read as follows:
(d) A waiver granted under this section is effective for the
period stated in the application, which may not exceed three years,
except as permitted under Subsection (e-1). A school campus or
district for which a requirement, restriction, or prohibition is
waived under this section for a period of three or more years may
receive an exemption from that requirement, restriction, or
prohibition at the end of that period if the campus or district has
fulfilled the achievement objectives stated in the application.
The exemption remains in effect until the commissioner determines
that achievement levels of the campus or district have declined.
(e) Except as provided by Subsection (e-1), (e-2), or (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 under Section 25.0811.
(e-1) A school campus or district may obtain a waiver under
this section from the curriculum requirements for the recommended
and advanced high school programs imposed under Section
28.025(b-1). The written application submitted by the campus or
district under Subsection (b) must:
(1) include a detailed description of the alternative
curriculum requirements that the campus or district proposes to
require for the recommended and advanced high school programs;
(2) demonstrate that the alternative curriculum
requirements described in Subdivision (1) are at least as rigorous
as the curriculum requirements for the recommended and advanced
high school programs;
(3) state the period for which the waiver is sought,
which may not exceed eight years; and
(4) identify any waivers or modifications to the
public school accountability provisions in Chapter 39, including
the secondary-level performance requirements prescribed by Section
39.025, considered to be necessary as a result of the alternative
curriculum.
(e-2) Notwithstanding any other provision of this section,
the commissioner may waive or modify any requirement imposed by
this code or a rule of the board or commissioner to the extent
necessary to give effect to a waiver requested under Subsection
(e-1).
(e-3) The commissioner shall revoke a waiver granted under
Subsection (e-1) and any associated waivers or modifications
granted under Subsection (e-2) if the commissioner determines that
the alternative curriculum requirements as implemented are not at
least as rigorous as the curriculum requirements imposed under
Section 28.025(b-1) for the recommended and advanced high school
programs.
(e-4) A student who completes alternative curriculum
requirements in compliance with a granted waiver under Subsection
(e-1) is considered for purposes of Section 51.803(a)(2)(A) or a
related provision to have successfully completed the curriculum
requirements established under Section 28.025(b-1) for the
recommended or advanced high school program.
SECTION 2. Section 39.333, Education Code, is amended to
read as follows:
Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. The
agency shall prepare and deliver to the governor, the lieutenant
governor, the speaker of the house of representatives, each member
of the legislature, the Legislative Budget Board, and the clerks of
the standing committees of the senate and house of representatives
with primary jurisdiction over the public school system a regional
and district level report covering the preceding two school years
and containing:
(1) a summary of school district compliance with the
student/teacher ratios and class-size limitations prescribed by
Sections 25.111 and 25.112, including:
(A) the number of campuses and classes at each
campus granted an exception from Section 25.112; and
(B) for each campus granted an exception from
Section 25.112, a statement of whether the campus has been awarded a
distinction designation under Subchapter G or has been identified
as an unacceptable campus under Subchapter E;
(2) a summary and evaluation of the exemptions and
waivers granted to campuses and school districts under Section
7.056 or 39.232, including:
(A) [and] a review of the effectiveness of each
campus or district following deregulation;
(B) a list of campuses and school districts
granted a waiver under Section 7.056(e-1) from the curriculum
requirements for the recommended and advanced high school programs
imposed under Section 28.025(b-1); and
(C) a statement certifying that the alternative
curriculum requirements imposed by each campus and school district
listed under Paragraph (B) are at least as rigorous as the
curriculum requirements for the recommended and advanced high
school programs;
(3) an evaluation of the performance of the system of
regional education service centers based on the indicators adopted
under Section 8.101 and client satisfaction with services provided
under Subchapter B, Chapter 8;
(4) an evaluation of accelerated instruction programs
offered under Section 28.006, including an assessment of the
quality of such programs and the performance of students enrolled
in such programs; and
(5) the number of classes at each campus that are
currently being taught by individuals who are not certified in the
content areas of their respective classes.
SECTION 3. 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, 2013.