By:  Horn                                              H.B. No. 870
       73R4301 ESH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to waiving the physical education requirement for
    1-3  graduation from high school.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter D, Chapter 21, Education Code, is
    1-6  amended by adding Section 21.1011 to read as follows:
    1-7        Sec. 21.1011.  WAIVER OF PHYSICAL EDUCATION REQUIREMENT.  (a)
    1-8  The Central Education Agency may waive a requirement imposed by the
    1-9  State Board of Education or the governing board of a school
   1-10  district requiring a minimum amount of physical education for
   1-11  graduation from high school.
   1-12        (b)  The parent of or person standing in parental relation to
   1-13  a student may apply to the Central Education Agency on behalf of
   1-14  the student for a waiver under this section.  To be eligible for
   1-15  the waiver, the student must have completed at the time of
   1-16  application at least 75 percent of the academic credits required by
   1-17  State Board of Education rule for graduation.  The application must
   1-18  be in writing and state the grounds for the requested waiver.
   1-19        (c)  The Central Education Agency shall grant the waiver if
   1-20  the agency finds that:
   1-21              (1)  the student is eligible to apply for the waiver;
   1-22  and
   1-23              (2)  reasonable grounds for the waiver exist.
   1-24        (d)  The State Board of Education shall adopt rules to
    2-1  implement this section, including rules specifying the grounds on
    2-2  which a waiver may be granted.
    2-3        SECTION 2.  This Act applies beginning with the 1993-1994
    2-4  school year.
    2-5        SECTION 3.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended,
   2-10  and that this Act take effect and be in force from and after its
   2-11  passage, and it is so enacted.