84R2830 SRS-D
By: Dutton H.B. No. 340
A BILL TO BE ENTITLED
AN ACT
relating to the receipt of an exemption or waiver for a school
district or campus that is academically unacceptable.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 7.056(a), (e), and (f), Education Code,
are amended to read as follows:
(a) Except as provided by Subsection (e) or (f), a school
campus or district may apply to the commissioner for a waiver of a
requirement, restriction, or prohibition imposed by this code or
rule of the board or commissioner.
(e) A [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 under Section 25.0811.
(f) A school district or campus that is assigned an
unacceptable performance rating as provided by Section 39.054 or
that has performance below any standard provided by Section
39.054(e) [required to develop and implement a student achievement
improvement plan under Section 39.102 or 39.103] may not receive an
exemption or waiver under this section from any law or rule [other
than:
[(1) a prohibition on conduct that constitutes a
criminal offense;
[(2) a requirement imposed by federal law or rule;
[(3) a requirement, restriction, or prohibition
imposed by state law or rule relating to:
[(A) public school accountability as provided by
Subchapters B, C, D, E, and J, Chapter 39; or
[(B) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22; or
[(4) selection of instructional materials under
Chapter 31].
SECTION 2. Section 7.056, Education Code, as amended by
this Act, applies only to an exemption or waiver issued on or after
the effective date of this Act. An exemption or waiver issued
before the effective date of this Act is governed by the law in
effect on the date the exemption or waiver was issued, and the
former law is continued in effect for that purpose.
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, 2015.