By Madden                                              H.B. No. 608
         76R3231 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 who will be affected
1-17     by the waiver, as reasonably determined by the campus or district,
1-18     that the campus or district is applying to the commissioner for a
1-19     waiver.  The notice must specify the requirement, restriction, or
1-20     prohibition the campus or district is requesting the commissioner
1-21     to waive.  For purposes of this subsection, "parent" includes a
1-22     guardian.
1-23           (c)  A school campus or district seeking a waiver must submit
1-24     a written application to the commissioner not later than the 31st
 2-1     day before  the campus or district intends to take action requiring
 2-2     a waiver.  The application must include:
 2-3                 (1)  a written plan approved by the board of trustees
 2-4     of the district that states the achievement objectives of the
 2-5     campus or district and the inhibition imposed on those objectives
 2-6     by the requirement, restriction, or prohibition; [and]
 2-7                 (2)  written comments from the campus- or
 2-8     district-level committee established under Section 11.251; and
 2-9                 (3)  any written comments from a parent received in
2-10     response to the notification provided under Subsection (b).
2-11           (d) [(c)]  If the commissioner objects to an application for
2-12     a waiver, the commissioner must notify the school campus or
2-13     district in writing that the application is denied not later than
2-14     the 30th day after the date on which the application is received.
2-15     If the commissioner does not notify the school campus or district
2-16     of an objection within that time, the application is considered
2-17     granted.
2-18           (e) [(d)]  A waiver granted under this section is effective
2-19     for the period stated in the application, which may not exceed
2-20     three years.  A school campus or district for which a requirement,
2-21     restriction, or prohibition is waived under this section for a
2-22     period of three years may receive an exemption from that
2-23     requirement, restriction, or prohibition at the end of that period
2-24     if the campus or district has fulfilled the achievement objectives
2-25     stated in the application.  The exemption remains in effect until
2-26     the commissioner determines that achievement levels of the campus
2-27     or district have declined.
 3-1           (f) [(e)]  Except as provided by Subsection (g) [(f)], a
 3-2     school campus or district may not receive an exemption or waiver
 3-3     under this section from:
 3-4                 (1)  a prohibition on conduct that constitutes a
 3-5     criminal offense;
 3-6                 (2)  a requirement imposed by federal law or rule,
 3-7     including a requirement for special education or bilingual
 3-8     education programs; or
 3-9                 (3)  a requirement, restriction, or prohibition
3-10     relating to:
3-11                       (A)  essential knowledge or skills under Section
3-12     28.002 or minimum graduation requirements under Section 28.025;
3-13                       (B)  public school accountability as provided by
3-14     Subchapters B, C, D, and G, Chapter 39;
3-15                       (C)  extracurricular activities under Section
3-16     33.081;
3-17                       (D)  health and safety under Chapter 38;
3-18                       (E)  purchasing under Subchapter B, Chapter 44;
3-19                       (F)  elementary school class size limits, except
3-20     as provided by Section 25.112;
3-21                       (G)  removal of a disruptive student from the
3-22     classroom under Subchapter A, Chapter 37;
3-23                       (H)  at-risk programs under Subchapter C, Chapter
3-24     29;
3-25                       (I)  prekindergarten programs under Subchapter E,
3-26     Chapter 29;
3-27                       (J)  educator rights and benefits under
 4-1     Subchapters A, C, D, E, F, G, and I, Chapter 21, or under
 4-2     Subchapter A, Chapter 22;
 4-3                       (K)  special education programs under Subchapter
 4-4     A, Chapter 29;  or
 4-5                       (L)  bilingual education programs under
 4-6     Subchapter B, Chapter 29.
 4-7           (g) [(f)]  A school district or campus that is required to
 4-8     develop and implement a student achievement improvement plan under
 4-9     Section 39.131 may receive an exemption or waiver under this
4-10     section from any law or rule other than:
4-11                 (1)  a prohibition on conduct that constitutes a
4-12     criminal offense;
4-13                 (2)  a requirement imposed by federal law or rule;
4-14                 (3)  a requirement, restriction, or prohibition imposed
4-15     by state law or rule relating to:
4-16                       (A)  public school accountability as provided by
4-17     Subchapters B, C, D, and G, Chapter 39; or
4-18                       (B)  educator rights and benefits under
4-19     Subchapters A, C, D, E, F, G, and I, Chapter 21, or under
4-20     Subchapter A, Chapter 22;  or
4-21                 (4)  textbook selection under Chapter 31.
4-22           (h) [(g)]  In a manner consistent with waiver authority
4-23     granted to the commissioner by the United States Department of
4-24     Education, the commissioner may grant a waiver of a state law or
4-25     rule required by federal law, including Subchapter A, B, or C,
4-26     Chapter 29.  Before exercising any waiver authority under this
4-27     subsection, the commissioner shall notify the Legislative Budget
 5-1     Board and the office of budget and planning in the governor's
 5-2     office.
 5-3           SECTION 2.  Section 26.003(a), Education Code, is amended to
 5-4     read as follows:
 5-5           (a)  A parent is entitled to:
 5-6                 (1)  petition the board of trustees designating the
 5-7     school in the district that the parent's child will attend, as
 5-8     provided by Section 25.033;
 5-9                 (2)  reasonable access to the school principal, or to a
5-10     designated administrator with the authority to reassign a student,
5-11     to request a change in the class or teacher to which the parent's
5-12     child has been assigned, if the reassignment or change would not
5-13     affect the assignment or reassignment of another student;
5-14                 (3)  request, with the expectation that the request
5-15     will not be unreasonably denied:
5-16                       (A)  the addition of a specific academic class in
5-17     the course of study of the parent's child in keeping with the
5-18     required curriculum if sufficient interest is shown in the addition
5-19     of the class to make it economically practical to offer the class;
5-20                       (B)  that the parent's child be permitted to
5-21     attend a class for credit above the child's grade level, whether in
5-22     the child's school or another school, unless the board or its
5-23     designated representative expects that the child cannot perform
5-24     satisfactorily in the class; or
5-25                       (C)  that the parent's child be permitted to
5-26     graduate from high school earlier than the child would normally
5-27     graduate, if the child completes each course required for
 6-1     graduation; [and]
 6-2                 (4)  have a child who graduates early as provided by
 6-3     Subdivision (3)(C) participate in graduation ceremonies at the time
 6-4     the child graduates; and
 6-5                 (5)  be given notice, in accordance with Section
 6-6     7.056(b), concerning an application for a waiver of a requirement,
 6-7     restriction, or prohibition concerning public education.
 6-8           SECTION 3.  Section 39.072(b), Education Code, is amended to
 6-9     read as follows:
6-10           (b)  The academic excellence indicators adopted under
6-11     Sections 39.051(b)(1) through (6) shall be the main consideration
6-12     of the agency in the rating of the district under this section.
6-13     Additional criteria in the rules may include consideration of:
6-14                 (1)  compliance with statutory requirements and
6-15     requirements imposed by rule of the State Board of Education under
6-16     specific statutory authority that relate to:
6-17                       (A)  reporting data through the Public Education
6-18     Information Management System (PEIMS);
6-19                       (B)  the high school graduation requirements
6-20     under Section 28.025; or
6-21                       (C)  an item listed in Sections
6-22     7.056(f)[(e)](3)(C)-(I) that applies to the district; and
6-23                 (2)  the effectiveness of the district's programs in
6-24     special education based on the agency's most recent compliance
6-25     review of the district and programs for special populations.
6-26           SECTION 4.  Section 7.056, Education Code, as amended by this
6-27     Act, applies to notice concerning an application for a waiver of a
 7-1     requirement, restriction, or prohibition concerning public
 7-2     education beginning with an application for the 1999-2000 school
 7-3     year.
 7-4           SECTION 5.  The importance of this legislation and the
 7-5     crowded condition of the calendars in both houses create an
 7-6     emergency and an imperative public necessity that the
 7-7     constitutional rule requiring bills to be read on three several
 7-8     days in each house be suspended, and this rule is hereby suspended,
 7-9     and that this Act take effect and be in force from and after its
7-10     passage, and it is so enacted.