H.B. No. 109
AN ACT
relating to the operation of open-enrollment charter schools on
Memorial Day.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12A.004(a), Education Code, is amended
to read as follows:
(a) A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1) a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
Chapter 12, except that a district may be exempt from Section
25.081(f), as added by Chapter 1144 (H.B. 441), Acts of the 85th
Legislature, Regular Session, 2017;
(2) Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
Section 11.162;
(3) state curriculum and graduation requirements
adopted under Chapter 28; and
(4) academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 2. Section 25.081(f), Education Code, as added by
Chapter 1144 (H.B. 441), Acts of the 85th Legislature, Regular
Session, 2017, is amended to read as follows:
(f) A school district or open-enrollment charter school may
not provide student instruction on Memorial Day. If a school
district or open-enrollment charter school would be required to
provide student instruction on Memorial Day to compensate for
minutes of instruction lost because of school closures caused by
disaster, flood, extreme weather conditions, fuel curtailment, or
another calamity, the commissioner shall approve the instruction of
students for fewer than the number of minutes required under
Subsection (a).
SECTION 3. This Act applies beginning with the 2019-2020
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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 109 was passed by the House on March
20, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
voting;
that the House concurred in Senate amendments to H.B. No.
109 on May 22, 2019, by the following vote: Yeas 135, Nays 6, 2
present, not voting; and that the House adopted H.C.R. No. 185
authorizing certain corrections in H.B. No. 109 on May 24, 2019, by
the following vote: Yeas 141, Nays 1, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 109 was passed by the Senate, with
amendments, on May 15, 2019, by the following vote: Yeas 31, Nays
0; and that the Senate adopted H.C.R. No. 185 authorizing certain
corrections in H.B. No. 109 on May 26, 2019, by the following vote:
Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor