| 1 | 1 | | 88R5904 JES-F |
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| 2 | 2 | | By: Rosenthal H.B. No. 1005 |
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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 the assignment of public school students enrolled in |
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| 8 | 8 | | certain school districts to an uncertified teacher. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 7.056(e), Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (e) Except as provided by Subsection (f), a school campus or |
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| 13 | 13 | | district may not receive an exemption or waiver under this section |
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| 14 | 14 | | from: |
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| 15 | 15 | | (1) a prohibition on conduct that constitutes a |
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| 16 | 16 | | criminal offense; |
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| 17 | 17 | | (2) a requirement imposed by federal law or rule, |
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| 18 | 18 | | including a requirement for special education or bilingual |
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| 19 | 19 | | education programs; or |
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| 20 | 20 | | (3) a requirement, restriction, or prohibition |
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| 21 | 21 | | relating to: |
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| 22 | 22 | | (A) essential knowledge or skills under Section |
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| 23 | 23 | | 28.002 or high school graduation requirements under Section 28.025; |
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| 24 | 24 | | (B) public school accountability as provided by |
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| 25 | 25 | | Subchapters B, C, D, and J, Chapter 39, and Chapter 39A; |
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| 26 | 26 | | (C) extracurricular activities under Section |
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| 27 | 27 | | 33.081 or participation in a University Interscholastic League |
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| 28 | 28 | | area, regional, or state competition under Section 33.0812; |
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| 29 | 29 | | (D) health and safety under Chapter 38; |
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| 30 | 30 | | (E) purchasing under Subchapter B, Chapter 44; |
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| 31 | 31 | | (F) elementary school class size limits, except |
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| 32 | 32 | | as provided by Section 25.112; |
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| 33 | 33 | | (G) removal of a disruptive student from the |
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| 34 | 34 | | classroom under Subchapter A, Chapter 37; |
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| 35 | 35 | | (H) at-risk programs under Subchapter C, Chapter |
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| 36 | 36 | | 29; |
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| 37 | 37 | | (I) prekindergarten programs under Subchapter E, |
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| 38 | 38 | | Chapter 29; |
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| 39 | 39 | | (J) educator rights and benefits under |
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| 40 | 40 | | Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
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| 41 | 41 | | A, Chapter 22; |
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| 42 | 42 | | (K) special education programs under Subchapter |
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| 43 | 43 | | A, Chapter 29; |
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| 44 | 44 | | (L) bilingual education programs under |
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| 45 | 45 | | Subchapter B, Chapter 29; [or] |
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| 46 | 46 | | (M) the requirements for the first day of |
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| 47 | 47 | | instruction under Section 25.0811; or |
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| 48 | 48 | | (N) assignment of a student to a teacher under |
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| 49 | 49 | | Section 28.0215, except as provided by Subsection (c) of that |
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| 50 | 50 | | section. |
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| 51 | 51 | | SECTION 2. Subchapter B, Chapter 28, Education Code, is |
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| 52 | 52 | | amended by adding Section 28.0215 to read as follows: |
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| 53 | 53 | | Sec. 28.0215. REQUIREMENTS FOR ASSIGNMENT OF STUDENTS TO |
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| 54 | 54 | | TEACHERS. (a) This section applies only to a school district with |
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| 55 | 55 | | an enrollment of 5,000 or more students. |
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| 56 | 56 | | (b) A student in first through sixth grade who attends an |
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| 57 | 57 | | elementary school may not be assigned for two consecutive school |
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| 58 | 58 | | years to a teacher teaching a subject in the foundation curriculum |
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| 59 | 59 | | under Section 28.002(a)(1) who has less than one year of teaching |
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| 60 | 60 | | experience and who does not hold the appropriate certificate |
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| 61 | 61 | | required under Section 21.003 unless: |
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| 62 | 62 | | (1) the student's parent or other person standing in |
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| 63 | 63 | | parental relation to the student and a school counselor or school |
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| 64 | 64 | | administrator agree otherwise regarding assignment of the student |
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| 65 | 65 | | to the teacher; or |
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| 66 | 66 | | (2) the assignment of the student to the teacher |
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| 67 | 67 | | occurs during the first year a student transfers into a school |
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| 68 | 68 | | district. |
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| 69 | 69 | | (c) The commissioner may grant a waiver from the |
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| 70 | 70 | | requirements of this section to a school district if the |
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| 71 | 71 | | commissioner finds that extreme circumstances in the district |
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| 72 | 72 | | warrant the waiver. The commissioner may adopt rules as necessary |
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| 73 | 73 | | to implement this section. |
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| 74 | 74 | | SECTION 3. This Act applies beginning with the 2023-2024 |
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| 75 | 75 | | school year. |
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| 76 | 76 | | SECTION 4. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2023. |
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