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A BILL TO BE ENTITLED
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AN ACT
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relating to the scheduling of the first day of school for students |
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by school districts and open-enrollment charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12A.003(b), Education Code, is amended |
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to read as follows: |
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(b) A local innovation plan must: |
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(1) provide for a comprehensive educational program |
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for the district, which program may include: |
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(A) innovative curriculum, instructional |
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methods, and provisions regarding community participation, campus |
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governance, and parental involvement; |
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(B) except as provided by Section 12A.004(a), |
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modifications to the school day or year; |
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(C) provisions regarding the district budget and |
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sustainable program funding; |
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(D) accountability and assessment measures that |
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exceed the requirements of state and federal law; and |
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(E) any other innovations prescribed by the board |
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of trustees; and |
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(2) identify requirements imposed by this code that |
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inhibit the goals of the plan and from which the district should be |
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exempted on adoption of the plan, subject to Section 12A.004, |
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except for modifications of the first and last day of instruction |
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under Sections 25.0811 and 25.0812. |
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SECTION 2. Section 12A.004(a), Education Code, is amended |
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to read as follows: |
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(a) A local innovation plan may not provide for the |
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exemption of a district designated as a district of innovation from |
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the following provisions of this title: |
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(1) a state or federal requirement applicable to an |
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open-enrollment charter school operating under Subchapter D, |
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Chapter 12; |
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(2) Subchapters A, C, D, and E, Chapter 11, except that |
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a district may be exempt from Sections 11.1511(b)(5) and (14) and |
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Section 11.162; |
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(3) state curriculum and graduation requirements |
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adopted under Chapter 28; [and] |
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(4) academic and financial accountability and |
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sanctions under Chapters 39 and 39A; and |
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(5) the first or last day of instruction requirements |
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under Sections 25.0811 and 25.0812 when a school chooses to reapply |
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to adopt a district of innovation plan. |
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SECTION 3. Section 25.0811(a), Education Code, is amended |
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to read as follows: |
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(a) Except as provided by this section, a school district |
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may not begin instruction for students for a school year before the |
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fourth Monday in August. A school district may: |
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(1) begin instruction for students for a school year |
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before the fourth Monday in August if the district operates a |
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year-round system under Section 25.084; or |
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(2) begin instruction for students for a school year |
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on or after the first Monday in August at a campus or at not more |
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than 20 percent of the campuses in the district if: |
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(A) the district has a student enrollment of |
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190,000 or more; |
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(B) the district at the beginning of the school |
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year provides, financed with local funds, days of instruction for |
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students at the campus or at each of the multiple campuses, in |
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addition to the minimum [number of days of] instruction time |
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required under Section 25.081; |
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(C) the campus or each of the multiple campuses |
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is [are] undergoing comprehensive reform, as determined by the |
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board of trustees of the district; and |
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(D) a majority of the students at the campus or at |
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each of the multiple campuses are educationally disadvantaged. |
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SECTION 4. Section 25.0812, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1) or (b), a school |
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district may not schedule the last day of school for students for a |
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school year before May 15 or after the Friday preceding Memorial |
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Day. |
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(a-1) A school district may schedule the last day of school |
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for students for a school year after the Friday preceding Memorial |
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Day if the district operates a year-round system under Section |
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25.084. |
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SECTION 5. Section 25.084(a), Education Code, is amended to |
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read as follows: |
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(a) A school district may operate its schools year-round on |
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either a single-track or a multitrack calendar. If a school |
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district adopts a year-round system, the district may modify: |
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(1) the number of contract days of employees and the |
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number of days of operation, including any time required for staff |
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development, planning and preparation, and continuing education, |
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otherwise required by law; |
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(2) testing dates, data reporting, and related |
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matters; |
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(3) the date of the first day of instruction of the |
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school year under Section 25.0811 and the date of the last day of |
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school for a school year under Section 25.0812 for a school that was |
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operating year-round for the 2020-2021 [2000-2001] school year; and |
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(4) a student's eligibility to participate in |
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extracurricular activities when the student's calendar track is not |
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in session. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. This Act applies beginning with the 2022-2023 |
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school year. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |