Floor Packet Page No. 252
Amend CSSB 4 as follows:
(1) In SECTION 2.11 of the bill, in amended Section
39.072(b)(1)(C), Education Code (House Committee Report, page 50,
lines 22-23), strike "Sections 7.056(e)(3)(C)-(I)" and substitute
"Sections 7.056(f)(3)(C)-(I) <7.056(e)(3)(C)-(I)>".
(2) Add the following appropriately numbered SECTIONS to
ARTICLE 2 of the bill and renumber the remaining SECTIONS of
ARTICLE 2 accordingly:
SECTION 2.____. Section 7.056, Education Code, is amended to
read as follows:
Sec. 7.056. WAIVERS AND EXEMPTIONS. (a) Except as provided
by Subsection (f) <(e)>, a school campus or district may apply to
the commissioner for a waiver of a requirement, restriction, or
prohibition imposed by this code or rule of the board or
commissioner.
(b) Not later than the 20th day before the date a school
campus or district applies for a waiver under Subsection (a) or (h)
or under Section 25.112(d), the campus or district must provide
written notice to the parent of each student who will be affected
by the waiver, as reasonably determined by the campus or district,
that the campus or district is applying to the commissioner for a
waiver. The notice must specify the requirement, restriction, or
prohibition the campus or district is requesting the commissioner
to waive. For purposes of this subsection, "parent" includes a
guardian.
(c) A school campus or district seeking a waiver must submit
a written application to the commissioner not later than the 31st
day before the campus or district intends to take action requiring
a waiver. The application must include:
(1) a written plan approved by the board of trustees
of the district that states the achievement objectives of the
campus or district and the inhibition imposed on those objectives
by the requirement, restriction, or prohibition; <and>
(2) written comments from the campus- or
district-level committee established under Section 11.251; and
(3) any written comments from a parent received in
response to the notification provided under Subsection (b).
(d) <(c)> If the commissioner objects to an application for
a waiver, the commissioner must notify the school campus or
district in writing that the application is denied not later than
the 30th day after the date on which the application is received.
If the commissioner does not notify the school campus or district
of an objection within that time, the application is considered
granted.
(e) <(d)> A waiver granted under this section is effective
for the period stated in the application, which may not exceed
three years. A school campus or district for which a requirement,
restriction, or prohibition is waived under this section for a
period of three years may receive an exemption from that
requirement, restriction, or prohibition at the end of that period
if the campus or district has fulfilled the achievement objectives
stated in the application. The exemption remains in effect until
the commissioner determines that achievement levels of the campus
or district have declined.
(f) <(e)> Except as provided by Subsection (g) <(f)>, a
school campus or district may not receive an exemption or waiver
under this section from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule,
including a requirement for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) essential knowledge or skills under Section
28.002 or minimum graduation requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, and G, Chapter 39;
(C) extracurricular activities under Section
33.081;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at-risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under
Subchapter A, Chapter 22;
(K) special education programs under Subchapter
A, Chapter 29; or
(L) bilingual education programs under
Subchapter B, Chapter 29.
(g) <(f)> A school district or campus that is required to
develop and implement a student achievement improvement plan under
Section 39.131 may receive an exemption or waiver under this
section from any law or rule other than:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule;
(3) a requirement, restriction, or prohibition imposed
by state law or rule relating to:
(A) public school accountability as provided by
Subchapters B, C, D, and G, Chapter 39; or
(B) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under
Subchapter A, Chapter 22; or
(4) textbook selection under Chapter 31.
(h) <(g)> In a manner consistent with waiver authority
granted to the commissioner by the United States Department of
Education, the commissioner may grant a waiver of a state law or
rule required by federal law, including Subchapter A, B, or C,
Chapter 29. Before exercising any waiver authority under this
subsection, the commissioner shall notify the Legislative Budget
Board and the office of budget and planning in the governor's
office.
SECTION 2.____. Section 26.003(a), Education Code, is
amended to read as follows:
(a) A parent is entitled to:
(1) petition the board of trustees designating the
school in the district that the parent's child will attend, as
provided by Section 25.033;
(2) reasonable access to the school principal, or to a
designated administrator with the authority to reassign a student,
to request a change in the class or teacher to which the parent's
child has been assigned, if the reassignment or change would not
affect the assignment or reassignment of another student;
(3) request, with the expectation that the request
will not be unreasonably denied:
(A) the addition of a specific academic class in
the course of study of the parent's child in keeping with the
required curriculum if sufficient interest is shown in the addition
of the class to make it economically practical to offer the class;
(B) that the parent's child be permitted to
attend a class for credit above the child's grade level, whether in
the child's school or another school, unless the board or its
designated representative expects that the child cannot perform
satisfactorily in the class; or
(C) that the parent's child be permitted to
graduate from high school earlier than the child would normally
graduate, if the child completes each course required for
graduation; <and>
(4) have a child who graduates early as provided by
Subdivision (3)(C) participate in graduation ceremonies at the time
the child graduates; and
(5) be given notice, in accordance with Section
7.056(b), concerning an application for a waiver of a requirement,
restriction, or prohibition concerning public education.
SECTION 2.____. Section 7.056, Education Code, as amended by
this Article, applies to notice concerning an application for a
waiver of a requirement, restriction, or prohibition concerning
public education beginning with an application for the 1999-2000
school year.