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.