| 1 | 1 | | 85R9479 KJE-D |
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| 2 | 2 | | By: King of Parker H.B. No. 2955 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a waiver for a school district from state requirements |
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| 8 | 8 | | that hinder the district's ability to effectively compete with |
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| 9 | 9 | | charter or private schools. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 7, Education Code, is |
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| 12 | 12 | | amended by adding Section 7.0562 to read as follows: |
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| 13 | 13 | | Sec. 7.0562. WAIVERS TO ENHANCE COMPETITIVENESS. (a) A |
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| 14 | 14 | | school district whose estimated enrollment for a school year has |
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| 15 | 15 | | decreased by at least three percent from the enrollment for the |
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| 16 | 16 | | preceding school year may apply to the commissioner for a waiver of |
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| 17 | 17 | | any state requirements that hinder the district's ability to |
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| 18 | 18 | | effectively compete with charter or private schools. |
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| 19 | 19 | | (b) Consideration of applying for a waiver under this |
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| 20 | 20 | | section may be initiated by: |
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| 21 | 21 | | (1) a resolution adopted by the board of trustees of |
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| 22 | 22 | | the school district; or |
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| 23 | 23 | | (2) a petition signed by a majority of the members of |
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| 24 | 24 | | the district-level planning and decision-making committee |
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| 25 | 25 | | established under Section 11.251. |
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| 26 | 26 | | (c) Promptly after adopting a resolution or receiving a |
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| 27 | 27 | | petition under Subsection (b), as applicable, the board of trustees |
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| 28 | 28 | | of the school district shall hold a public hearing to consider |
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| 29 | 29 | | whether the district should apply for a waiver under this section. |
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| 30 | 30 | | At the conclusion of the public hearing or as soon as practicable |
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| 31 | 31 | | after conclusion of the public hearing, the board of trustees may: |
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| 32 | 32 | | (1) decline to pursue the waiver; or |
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| 33 | 33 | | (2) appoint a committee to prepare and submit an |
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| 34 | 34 | | application for the waiver, including the plan required under |
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| 35 | 35 | | Subsection (d). |
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| 36 | 36 | | (d) An application for a waiver under this section must |
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| 37 | 37 | | include a plan to enhance the school district's competitiveness. |
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| 38 | 38 | | The plan must: |
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| 39 | 39 | | (1) provide for a comprehensive educational program |
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| 40 | 40 | | for the district, which may include innovative curriculum or other |
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| 41 | 41 | | methods designed to improve student enrollment in the district; and |
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| 42 | 42 | | (2) identify each state requirement that inhibits the |
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| 43 | 43 | | goals of the plan and from which the district should be exempted on |
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| 44 | 44 | | adoption of the plan. |
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| 45 | 45 | | (e) The commissioner may deny an application for a waiver |
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| 46 | 46 | | under this section only for good cause. If the commissioner does |
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| 47 | 47 | | not deny an application by the 30th day after the date on which the |
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| 48 | 48 | | application is received, the application is considered granted. |
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| 49 | 49 | | (f) A waiver under this section is effective for a period of |
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| 50 | 50 | | five years. At the conclusion of that period, the commissioner |
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| 51 | 51 | | shall review the waiver to determine whether the waiver has |
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| 52 | 52 | | improved the school district's competitiveness and, if so, may |
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| 53 | 53 | | renew the waiver for a period of five years. |
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| 54 | 54 | | (g) The commissioner may adopt rules as necessary to |
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| 55 | 55 | | implement this section, including rules establishing grounds for |
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| 56 | 56 | | denying an application for a waiver under this section. |
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| 57 | 57 | | SECTION 2. This Act applies beginning with the 2018-2019 |
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| 58 | 58 | | school year. |
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| 59 | 59 | | SECTION 3. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect September 1, 2017. |
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