By McClendon                                            H.B. No. 40
         77R1158 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the first instructional day of a school year for public
 1-3     school students.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter C, Chapter 25, Education Code, is
 1-6     amended by adding Section 25.0811 to read as follows:
 1-7           Sec. 25.0811.  FIRST INSTRUCTIONAL DAY.   Each school
 1-8     district shall begin instruction for students for a school year on
 1-9     the day after Labor Day.
1-10           SECTION 2.  Section 25.084(a), Education Code, is amended to
1-11     read as follows:
1-12           (a)  A school district may operate its schools year-round on
1-13     either a single-track or a multitrack calendar.  If a school
1-14     district adopts a year-round system, the district may modify:
1-15                 (1)  the number of contract days of employees and the
1-16     number of days of operation, including any time required for staff
1-17     development, planning and preparation, and continuing education,
1-18     otherwise required by law;
1-19                 (2)  testing dates, data reporting, and related
1-20     matters; [and]
1-21                 (3)  the first day of instruction for students for a
1-22     school year as necessary, notwithstanding Section 25.0811; and
1-23                 (4)  a student's eligibility to participate in
1-24     extracurricular activities when the student's calendar track is not
 2-1     in session.
 2-2           SECTION 3.  Section 25.0811, Education Code, as added by this
 2-3     Act, and Section 25.084(a), Education Code, as amended by this Act,
 2-4     apply beginning with the 2001-2002 school year.
 2-5           SECTION 4.  This Act takes effect immediately if it receives
 2-6     a vote of two-thirds of all the members elected to each house, as
 2-7     provided by Section 39, Article III, Texas Constitution.  If this
 2-8     Act does not receive the vote  necessary for immediate effect, this
 2-9     Act takes effect on the 91st day after the last day of the
2-10     legislative session.