88R9057 PRL-D
By: Dutton H.B. No. 5095
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of certain laws governing public
school discipline and law and order to open-enrollment charter
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.104(b), Education Code, as amended by
Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
Session, 2021, is reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) [discipline management practices or behavior
management techniques under Section 37.0021;
[(K)] health and safety under Chapter 38;
(K) [(L)] the provisions of Subchapter A,
Chapter 39;
(L) [(M)] public school accountability and
special investigations under Subchapters A, B, C, D, F, G, and J,
Chapter 39, and Chapter 39A;
(M) [(N)] the requirement under Section 21.006
to report an educator's misconduct;
(N) [(O)] intensive programs of instruction
under Section 28.0213;
[(P) the right of a school employee to report a
crime, as provided by Section 37.148;
[(Q) bullying prevention policies and procedures
under Section 37.0832;
[(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
[(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;]
(O) [(T)] a parent's right to information
regarding the provision of assistance for learning difficulties to
the parent's child as provided by Sections 26.004(b)(11) and
26.0081(c) and (d);
(P) [(U)] establishment of residency under
Section 25.001;
[(V) school safety requirements under Sections
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
37.207, and 37.2071;]
(Q) [(W)] the early childhood literacy and
mathematics proficiency plans under Section 11.185;
(R) [(X)] the college, career, and military
readiness plans under Section 11.186; [and]
(S) [(X)] parental options to retain a student
under Section 28.02124; and
(T) discipline and law and order under Chapter
37.
SECTION 2. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
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, 2023.