By Madden H.B. No. 1163
75R5060 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notification to parents of an application by a school
1-3 campus or district for waiver of a requirement, restriction, or
1-4 prohibition concerning public education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 7.056, Education Code, is amended to read
1-7 as follows:
1-8 Sec. 7.056. WAIVERS AND EXEMPTIONS. (a) Except as provided
1-9 by Subsection (f) [(e)], a school campus or district may apply to
1-10 the commissioner for a waiver of a requirement, restriction, or
1-11 prohibition imposed by this code or rule of the board or
1-12 commissioner.
1-13 (b) Not later than the 20th day before the date a school
1-14 campus or district applies for a waiver under Subsection (a) or (h)
1-15 or under Section 25.112(d), the campus or district must provide
1-16 written notice to the parent of each student at the campus or in
1-17 the district, as applicable, that the campus or district is
1-18 applying to the commissioner for a waiver. The notice must specify
1-19 the requirement, restriction, or prohibition the campus or district
1-20 is requesting the commissioner to waive. For purposes of this
1-21 subsection, "parent" includes a guardian.
1-22 (c) A school campus or district seeking a waiver must submit
1-23 a written application to the commissioner not later than the 31st
1-24 day before the campus or district intends to take action requiring
2-1 a waiver. The application must include:
2-2 (1) a written plan approved by the board of trustees
2-3 of the district that states the achievement objectives of the
2-4 campus or district and the inhibition imposed on those objectives
2-5 by the requirement, restriction, or prohibition; [and]
2-6 (2) written comments from the campus- or
2-7 district-level committee established under Section 11.251; and
2-8 (3) any written comments from a parent received in
2-9 response to the notification provided under Subsection (b).
2-10 (d) [(c)] If the commissioner objects to an application for
2-11 a waiver, the commissioner must notify the school campus or
2-12 district in writing that the application is denied not later than
2-13 the 30th day after the date on which the application is received.
2-14 If the commissioner does not notify the school campus or district
2-15 of an objection within that time, the application is considered
2-16 granted.
2-17 (e) [(d)] A waiver granted under this section is effective
2-18 for the period stated in the application, which may not exceed
2-19 three years. A school campus or district for which a requirement,
2-20 restriction, or prohibition is waived under this section for a
2-21 period of three years may receive an exemption from that
2-22 requirement, restriction, or prohibition at the end of that period
2-23 if the campus or district has fulfilled the achievement objectives
2-24 stated in the application. The exemption remains in effect until
2-25 the commissioner determines that achievement levels of the campus
2-26 or district have declined.
2-27 (f) [(e)] Except as provided by Subsection (g) [(f)], a
3-1 school campus or district may not receive an exemption or waiver
3-2 under this section from:
3-3 (1) a prohibition on conduct that constitutes a
3-4 criminal offense;
3-5 (2) a requirement imposed by federal law or rule,
3-6 including a requirement for special education or bilingual
3-7 education programs; or
3-8 (3) a requirement, restriction, or prohibition
3-9 relating to:
3-10 (A) essential knowledge or skills under Section
3-11 28.002 or minimum graduation requirements under Section 28.025;
3-12 (B) public school accountability as provided by
3-13 Subchapters B, C, D, and G, Chapter 39;
3-14 (C) extracurricular activities under Section
3-15 33.081;
3-16 (D) health and safety under Chapter 38;
3-17 (E) purchasing under Subchapter B, Chapter 44;
3-18 (F) elementary school class size limits, except
3-19 as provided by Section 25.112;
3-20 (G) removal of a disruptive student from the
3-21 classroom under Subchapter A, Chapter 37;
3-22 (H) at-risk programs under Subchapter C, Chapter
3-23 29;
3-24 (I) prekindergarten programs under Subchapter E,
3-25 Chapter 29;
3-26 (J) educator rights and benefits under
3-27 Subchapters A, C, D, E, F, G, and I, Chapter 21, or under
4-1 Subchapter A, Chapter 22;
4-2 (K) special education programs under Subchapter
4-3 A, Chapter 29; or
4-4 (L) bilingual education programs under
4-5 Subchapter B, Chapter 29.
4-6 (g) [(f)] A school district or campus that is required to
4-7 develop and implement a student achievement improvement plan under
4-8 Section 39.131 may receive an exemption or waiver under this
4-9 section from any law or rule other than:
4-10 (1) a prohibition on conduct that constitutes a
4-11 criminal offense;
4-12 (2) a requirement imposed by federal law or rule;
4-13 (3) a requirement, restriction, or prohibition imposed
4-14 by state law or rule relating to:
4-15 (A) public school accountability as provided by
4-16 Subchapters B, C, D, and G, Chapter 39; or
4-17 (B) educator rights and benefits under
4-18 Subchapters A, C, D, E, F, G, and I, Chapter 21, or under
4-19 Subchapter A, Chapter 22; or
4-20 (4) textbook selection under Chapter 31.
4-21 (h) [(g)] In a manner consistent with waiver authority
4-22 granted to the commissioner by the United States Department of
4-23 Education, the commissioner may grant a waiver of a state law or
4-24 rule required by federal law, including Subchapter A, B, or C,
4-25 Chapter 29. Before exercising any waiver authority under this
4-26 subsection, the commissioner shall notify the Legislative Budget
4-27 Board and the office of budget and planning in the governor's
5-1 office.
5-2 SECTION 2. Section 26.003(a), Education Code, is amended to
5-3 read as follows:
5-4 (a) A parent is entitled to:
5-5 (1) petition the board of trustees designating the
5-6 school in the district that the parent's child will attend, as
5-7 provided by Section 25.033;
5-8 (2) reasonable access to the school principal, or to a
5-9 designated administrator with the authority to reassign a student,
5-10 to request a change in the class or teacher to which the parent's
5-11 child has been assigned, if the reassignment or change would not
5-12 affect the assignment or reassignment of another student;
5-13 (3) request, with the expectation that the request
5-14 will not be unreasonably denied:
5-15 (A) the addition of a specific academic class in
5-16 the course of study of the parent's child in keeping with the
5-17 required curriculum if sufficient interest is shown in the addition
5-18 of the class to make it economically practical to offer the class;
5-19 (B) that the parent's child be permitted to
5-20 attend a class for credit above the child's grade level, whether in
5-21 the child's school or another school, unless the board or its
5-22 designated representative expects that the child cannot perform
5-23 satisfactorily in the class; or
5-24 (C) that the parent's child be permitted to
5-25 graduate from high school earlier than the child would normally
5-26 graduate, if the child completes each course required for
5-27 graduation; [and]
6-1 (4) have a child who graduates early as provided by
6-2 Subdivision (3)(C) participate in graduation ceremonies at the time
6-3 the child graduates; and
6-4 (5) be given notice, in accordance with Section
6-5 7.056(b), concerning an application for a waiver of a requirement,
6-6 restriction, or prohibition concerning public education.
6-7 SECTION 3. Section 39.072(b), Education Code, is amended to
6-8 read as follows:
6-9 (b) The academic excellence indicators adopted under
6-10 Sections 39.051(b)(1) through (6) shall be the main consideration
6-11 of the agency in the rating of the district under this section.
6-12 Additional criteria in the rules may include consideration of:
6-13 (1) compliance with statutory requirements and
6-14 requirements imposed by rule of the State Board of Education under
6-15 specific statutory authority that relate to:
6-16 (A) reporting data through the Public Education
6-17 Information Management System (PEIMS);
6-18 (B) the high school graduation requirements
6-19 under Section 28.025; or
6-20 (C) an item listed in Sections
6-21 7.056(f)[(e)](3)(C)-(I) that applies to the district; and
6-22 (2) the effectiveness of the district's programs in
6-23 special education based on the agency's most recent compliance
6-24 review of the district and programs for special populations.
6-25 SECTION 4. Section 7.056, Education Code, as amended by this
6-26 Act, applies to notice concerning an application for a waiver of a
6-27 requirement, restriction, or prohibition concerning public
7-1 education beginning with an application for the 1997-1998 school
7-2 year.
7-3 SECTION 5. The importance of this legislation and the
7-4 crowded condition of the calendars in both houses create an
7-5 emergency and an imperative public necessity that the
7-6 constitutional rule requiring bills to be read on three several
7-7 days in each house be suspended, and this rule is hereby suspended,
7-8 and that this Act take effect and be in force from and after its
7-9 passage, and it is so enacted.