Texas 2019 - 86th Regular

Texas House Bill HB233 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R26417 SRS-D
2		-	By: Krause, Minjarez, et al. H.B. No. 233
3		-	Substitute the following for H.B. No. 233:
4		-	By: Bernal C.S.H.B. No. 233
	1	+	86R1110 SRS-D
	2	+	By: Krause H.B. No. 233
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the scheduling of the first ~~day~~ of school for ~~students~~
10		-	by school districts ~~and open-enrollment charter schools~~.
	7	+	relating to the scheduling of the first and last days of school for
	8	+	students by school districts.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Section 12.104(b), Education Code, as amended by
13		-	Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
14		-	of the 85th Legislature, Regular Session, 2017, is reenacted and
15		-	amended to read as follows:
16		-	(b) An open-enrollment charter school is subject to:
17		-	(1) a provision of this title establishing a criminal
18		-	offense; and
19		-	(2) a prohibition, restriction, or requirement, as
20		-	applicable, imposed by this title or a rule adopted under this
21		-	title, relating to:
22		-	(A) the Public Education Information Management
23		-	System (PEIMS) to the extent necessary to monitor compliance with
24		-	this subchapter as determined by the commissioner;
25		-	(B) criminal history records under Subchapter C,
26		-	Chapter 22;
27		-	(C) reading instruments and accelerated reading
28		-	instruction programs under Section 28.006;
29		-	(D) accelerated instruction under Section
30		-	28.0211;
31		-	(E) high school graduation requirements under
32		-	Section 28.025;
33		-	(F) special education programs under Subchapter
34		-	A, Chapter 29;
35		-	(G) bilingual education under Subchapter B,
36		-	Chapter 29;
37		-	(H) prekindergarten programs under Subchapter E
38		-	or E-1, Chapter 29;
39		-	(I) extracurricular activities under Section
40		-	33.081;
41		-	(J) discipline management practices or behavior
42		-	management techniques under Section 37.0021;
43		-	(K) health and safety under Chapter 38;
44		-	(L) public school accountability under
45		-	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
46		-	(M) the requirement under Section 21.006 to
47		-	report an educator's misconduct;
48		-	(N) intensive programs of instruction under
49		-	Section 28.0213;
50		-	(O) the right of a school employee to report a
51		-	crime, as provided by Section 37.148; [and]
52		-	(P) bullying prevention policies and procedures
53		-	under Section 37.0832;
54		-	(Q) the right of a school under Section 37.0052
55		-	to place a student who has engaged in certain bullying behavior in a
56		-	disciplinary alternative education program or to expel the student;
57		-	[and]
58		-	(R) the right under Section 37.0151 to report to
59		-	local law enforcement certain conduct constituting assault or
60		-	harassment;
61		-	(S) [(P)] a parent's right to information
62		-	regarding the provision of assistance for learning difficulties to
63		-	the parent's child as provided by Sections 26.004(b)(11) and
64		-	26.0081(c) and (d); and
65		-	(T) the first day of instruction requirement
66		-	under Section 25.0811(a)(3) applicable to a school district
67		-	designated as a district of innovation under Chapter 12A.
68		-	SECTION 2. Section 12A.003(b), Education Code, is amended
	10	+	SECTION 1. Section 12A.003(b), Education Code, is amended
69	11		to read as follows:
70	12		(b) A local innovation plan must:
71	13		(1) provide for a comprehensive educational program
72	14		for the district, which program may include:
73	15		(A) innovative curriculum, instructional
74	16		methods, and provisions regarding community participation, campus
75	17		governance, and parental involvement;
76	18		(B) except as provided by Section 12A.004(a),
77	19		modifications to the school day or year;
78	20		(C) provisions regarding the district budget and
79	21		sustainable program funding;
80	22		(D) accountability and assessment measures that
81	23		exceed the requirements of state and federal law; and
82	24		(E) any other innovations prescribed by the board
83	25		of trustees; and
84	26		(2) identify requirements imposed by this code that
85	27		inhibit the goals of the plan and from which the district should be
86	28		exempted on adoption of the plan, subject to Section 12A.004.
87		-	SECTION 3. Section 12A.004(a), Education Code, is amended
	29	+	SECTION 2. Section 12A.004(a), Education Code, is amended
88	30		to read as follows:
89	31		(a) A local innovation plan may not provide for the
90	32		exemption of a district designated as a district of innovation from
91	33		the following provisions of this title:
92	34		(1) a state or federal requirement applicable to an
93	35		open-enrollment charter school operating under Subchapter D,
94	36		Chapter 12;
95	37		(2) Subchapters A, C, D, and E, Chapter 11, except that
96	38		a district may be exempt from Sections 11.1511(b)(5) and (14) and
97	39		Section 11.162;
98	40		(3) state curriculum and graduation requirements
99	41		adopted under Chapter 28; [and]
100	42		(4) academic and financial accountability and
101	43		sanctions under Chapters 39 and 39A; and
102		-	(5) the first day of instruction ~~requirement under~~
103		-	~~Section~~ 25.0811~~(a)(3)~~.
104		-	SECTION 4. Section 25.0811(a), Education Code, is amended
	44	+	(5) the first or last day of instruction requirements
	45	+	under Sections 25.0811 and 25.0812.
	46	+	SECTION 3. Section 25.0811(a), Education Code, is amended
105	47		to read as follows:
106	48		(a) Except as provided by this section, a school district
107	49		may not begin instruction for students for a school year before the
108		-	fourth Monday in August. A school district may:
	50	+	Tuesday after Labor Day [the fourth Monday in August]. A school
	51	+	district may:
109	52		(1) begin instruction for students for a school year
110		-	before the fourth Monday in August if ~~the district operates a~~
111		-	year-round system under Section 25.084; [or]
	53	+	before the Tuesday after Labor Day [the fourth Monday in August] if
	54	+	the district operates a year-round system under Section 25.084; or
112	55		(2) begin instruction for students for a school year
113	56		on or after the first Monday in August at a campus or at not more
114	57		than 20 percent of the campuses in the district if:
115	58		(A) the district has a student enrollment of
116	59		190,000 or more;
117	60		(B) the district at the beginning of the school
118	61		year provides, financed with local funds, days of instruction for
119	62		students at the campus or at each of the multiple campuses, in
120	63		addition to the minimum [number of days of] instruction time
121	64		required under Section 25.081;
122	65		(C) the campus or each of the multiple campuses
123	66		is [are] undergoing comprehensive reform, as determined by the
124	67		board of trustees of the district; and
125	68		(D) a majority of the students at the campus or at
126		-	each of the multiple campuses are educationally disadvantaged; or
127		-	(3) begin instruction for students for a school year
128		-	on or after the third Monday in August if the district is designated
129		-	as a district of innovation under Chapter 12A.
130		-	SECTION 5. To the extent of any conflict, this Act prevails
131		-	over another Act of the 86th Legislature, Regular Session, 2019,
132		-	relating to nonsubstantive additions to and corrections in enacted
133		-	codes.
	69	+	each of the multiple campuses are educationally disadvantaged.
	70	+	SECTION 4. Section 25.0812, Education Code, is amended by
	71	+	amending Subsection (a) and adding Subsection (a-1) to read as
	72	+	follows:
	73	+	(a) Except as provided by Subsection (a-1) or (b), a school
	74	+	district may not schedule the last day of school for students for a
	75	+	school year before May 15 or after the Friday preceding Memorial
	76	+	Day.
	77	+	(a-1) A school district may schedule the last day of school
	78	+	for students for a school year after the Friday preceding Memorial
	79	+	Day if the district operates a year-round system under Section
	80	+	25.084.
	81	+	SECTION 5. Section 25.084(a), Education Code, is amended to
	82	+	read as follows:
	83	+	(a) A school district may operate its schools year-round on
	84	+	either a single-track or a multitrack calendar. If a school
	85	+	district adopts a year-round system, the district may modify:
	86	+	(1) the number of contract days of employees and the
	87	+	number of days of operation, including any time required for staff
	88	+	development, planning and preparation, and continuing education,
	89	+	otherwise required by law;
	90	+	(2) testing dates, data reporting, and related
	91	+	matters;
	92	+	(3) the date of the first day of instruction of the
	93	+	school year under Section 25.0811 and the date of the last day of
	94	+	school for a school year under Section 25.0812 for a school that was
	95	+	operating year-round for the 2018-2019 [2000-2001] school year; and
	96	+	(4) a student's eligibility to participate in
	97	+	extracurricular activities when the student's calendar track is not
	98	+	in session.
134	99		SECTION 6. This Act applies beginning with the 2020-2021
135	100		school year.
136	101		SECTION 7. This Act takes effect immediately if it receives
137	102		a vote of two-thirds of all the members elected to each house, as
138	103		provided by Section 39, Article III, Texas Constitution. If this
139	104		Act does not receive the vote necessary for immediate effect, this
140	105		Act takes effect September 1, 2019.