85R9479 KJE-D
By: King of Parker H.B. No. 2955
A BILL TO BE ENTITLED
AN ACT
relating to a waiver for a school district from state requirements
that hinder the district's ability to effectively compete with
charter or private schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.0562 to read as follows:
Sec. 7.0562. WAIVERS TO ENHANCE COMPETITIVENESS. (a) A
school district whose estimated enrollment for a school year has
decreased by at least three percent from the enrollment for the
preceding school year may apply to the commissioner for a waiver of
any state requirements that hinder the district's ability to
effectively compete with charter or private schools.
(b) Consideration of applying for a waiver under this
section may be initiated by:
(1) a resolution adopted by the board of trustees of
the school district; or
(2) a petition signed by a majority of the members of
the district-level planning and decision-making committee
established under Section 11.251.
(c) Promptly after adopting a resolution or receiving a
petition under Subsection (b), as applicable, the board of trustees
of the school district shall hold a public hearing to consider
whether the district should apply for a waiver under this section.
At the conclusion of the public hearing or as soon as practicable
after conclusion of the public hearing, the board of trustees may:
(1) decline to pursue the waiver; or
(2) appoint a committee to prepare and submit an
application for the waiver, including the plan required under
Subsection (d).
(d) An application for a waiver under this section must
include a plan to enhance the school district's competitiveness.
The plan must:
(1) provide for a comprehensive educational program
for the district, which may include innovative curriculum or other
methods designed to improve student enrollment in the district; and
(2) identify each state requirement that inhibits the
goals of the plan and from which the district should be exempted on
adoption of the plan.
(e) The commissioner may deny an application for a waiver
under this section only for good cause. If the commissioner does
not deny an application by the 30th day after the date on which the
application is received, the application is considered granted.
(f) A waiver under this section is effective for a period of
five years. At the conclusion of that period, the commissioner
shall review the waiver to determine whether the waiver has
improved the school district's competitiveness and, if so, may
renew the waiver for a period of five years.
(g) The commissioner may adopt rules as necessary to
implement this section, including rules establishing grounds for
denying an application for a waiver under this section.
SECTION 2. This Act applies beginning with the 2018-2019
school year.
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, 2017.