By:  Turner                                           S.B. No. 1238
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the public schools.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subchapter A, Chapter 16, Education Code, is
    1-4  amended by adding Section 16.012 to read as follows:
    1-5        Sec. 16.012.  TRANSFER OF AID AMONG CATEGORICAL PROGRAMS.
    1-6  (a)  Subject to the approval of the commissioner of education, a
    1-7  school district may use not more than five percent of an allotment
    1-8  the district receives under Subchapter D of this chapter for a
    1-9  categorical program funded under that subchapter other than the
   1-10  program for which the district received the allotment.
   1-11        (b)  The commissioner may approve the diversion of funds from
   1-12  one program to another under this section if the commissioner
   1-13  finds:
   1-14              (1)  the district is adequately supporting the program
   1-15  for which the funds were originally allotted; and
   1-16              (2)  the reallocation of funds will not result in a
   1-17  loss to the district of federal funds for support of the program
   1-18  for which the funds were originally allotted.
   1-19        (c)  On request of the commissioner, a school district shall
   1-20  provide any information necessary for the commissioner to make the
   1-21  determinations required under Subsection (b) of this section.
   1-22        SECTION 2.  Section 11.273(e), Education Code, is amended to
   1-23  read as follows:
    2-1        (e)  A school campus or district may not receive an exemption
    2-2  or waiver under this section from requirements imposed by federal
    2-3  law or rule, including requirements for special education or
    2-4  bilingual education programs.  A school campus or district may not
    2-5  receive an exemption or waiver under this section from a
    2-6  requirement or prohibition imposed by state law or rule relating
    2-7  to:
    2-8              (1)  curriculum essential elements, excluding the
    2-9  methodology used by a teacher and the time spent by a teacher or a
   2-10  student on a particular task or subject;
   2-11              (2)  restrictions on extracurricular activities;
   2-12              (3)  health and safety;
   2-13              (4)  competitive bidding;
   2-14              (5)  <elementary school class size limits;>
   2-15              <(6)>  minimum graduation requirements;
   2-16              (6) <(7)>  removal of a disruptive student from the
   2-17  classroom;
   2-18              (7) <(8)>  suspension or expulsion of a student;
   2-19              (8) <(9)>  at risk programs;
   2-20              (9) <(10)>  prekindergarten programs;
   2-21              (10) <(11)>  educational employee and educational
   2-22  support employee rights and benefits.  In this section,
   2-23  "educational support employee" means a full-time or part-time
   2-24  school employee not defined as a "teacher" by Section 21.201(1) of
   2-25  this code; or
    3-1              (11) <(12)>  special education or bilingual education
    3-2  programs.
    3-3        SECTION 3.  This Act takes effect beginning with the
    3-4  1993-1994 school year.
    3-5        SECTION 4.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended,
   3-10  and that this Act take effect and be in force from and after its
   3-11  passage, and it is so enacted.