By Madden                                              H.B. No. 443
         77R2512 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to notification to parents of certain circumstances at a
 1-3     public school campus or district.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 7.056, Education Code, is amended to read
 1-6     as follows:
 1-7           Sec. 7.056.  WAIVERS AND EXEMPTIONS.  (a)  Except as provided
 1-8     by Subsection (f) [(e)], a school campus or district may apply to
 1-9     the commissioner for a waiver of a requirement, restriction, or
1-10     prohibition imposed by this code or rule of the board or
1-11     commissioner.
1-12           (b)  A school campus or district seeking a waiver must submit
1-13     a written application to the commissioner not later than the 31st
1-14     day before  the campus or district intends to take action requiring
1-15     a waiver.  The application must include:
1-16                 (1)  a written plan approved by the board of trustees
1-17     of the district that states the achievement objectives of the
1-18     campus or district and the inhibition imposed on those objectives
1-19     by the requirement, restriction, or prohibition; and
1-20                 (2)  written comments from the campus- or
1-21     district-level committee established under Section 11.251.
1-22           (c)  If the commissioner objects to an application for a
1-23     waiver, the commissioner must notify the school campus or district
1-24     in writing that the application is denied not later than the 30th
 2-1     day after the date on which the application is received.  If the
 2-2     commissioner does not notify the school campus or district of an
 2-3     objection within that time, the application is considered granted. 
 2-4           (d)  This subsection applies to a waiver granted by the
 2-5     commissioner under Subsection (a) or (h) or Section 25.112(d). Not
 2-6     later than the 31st day after the first day of the school year in
 2-7     the case of a waiver granted before the beginning of the school
 2-8     year or not later than the 31st day after the date a waiver is
 2-9     granted in the case of a waiver granted during a school year, the
2-10     campus or district granted the waiver shall provide written notice
2-11     of the waiver to the parent of or person standing in parental
2-12     relation to each student affected by the waiver, as reasonably
2-13     determined by the campus or district. The notice must:
2-14                 (1)  specify the requirement, restriction, or
2-15     prohibition that has been waived; and
2-16                 (2)  be included in a regular mailing or other
2-17     communication from the campus or district such as information sent
2-18     home with students.
2-19           (e)  A waiver granted under this section is effective for the
2-20     period stated in the application, which may not exceed three years.
2-21     A school campus or district for which a requirement, restriction,
2-22     or prohibition is waived under this section for a period of three
2-23     years may receive an exemption from that requirement, restriction,
2-24     or prohibition at the end of that period if the campus or district
2-25     has fulfilled the achievement objectives stated in the application.
2-26     The exemption remains in effect until the commissioner determines
2-27     that achievement levels of the campus 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, Education Code, is amended by
 5-4     amending Subsection (a) and adding Subsection (c) to read as
 5-5     follows:
 5-6           (a)  A parent is entitled to:
 5-7                 (1)  petition the board of trustees designating the
 5-8     school in the district that the parent's child will attend, as
 5-9     provided by Section 25.033;
5-10                 (2)  reasonable access to the school principal, or to a
5-11     designated administrator with the authority to reassign a student,
5-12     to request a change in the class or teacher to which the parent's
5-13     child has been assigned, if the reassignment or change would not
5-14     affect the assignment or reassignment of another student;
5-15                 (3)  request, with the expectation that the request
5-16     will not be unreasonably denied:
5-17                       (A)  the addition of a specific academic class in
5-18     the course of study of the parent's child in keeping with the
5-19     required curriculum if sufficient interest is shown in the addition
5-20     of the class to make it economically practical to offer the class;
5-21                       (B)  that the parent's child be permitted to
5-22     attend a class for credit above the child's grade level, whether in
5-23     the child's school or another school, unless the board or its
5-24     designated representative expects that the child cannot perform
5-25     satisfactorily in the class; or
5-26                       (C)  that the parent's child be permitted to
5-27     graduate from high school earlier than the child would normally
 6-1     graduate, if the child completes each course required for
 6-2     graduation; [and]
 6-3                 (4)  have a child who graduates early as provided by
 6-4     Subdivision (3)(C) participate in graduation ceremonies at the time
 6-5     the child graduates; and
 6-6                 (5)  be given notice concerning:
 6-7                       (A)  waivers granted, in accordance with notice
 6-8     requirements under Section 7.056(d);
 6-9                       (B)  employment of a classroom teacher who is
6-10     teaching without the proper certification or endorsement, in
6-11     accordance with notice requirements under Section 21.057;
6-12                       (C)  deviation from course requirements for a
6-13     particular  grade level prescribed under Section 28.002;
6-14                       (D)  use of a pilot or experimental program in
6-15     place of the regular instructional program; and
6-16                       (E)  use of a textbook on the nonconforming list
6-17     under Subchapter B, Chapter 31.
6-18           (c)  The commissioner by rule shall define "pilot" and
6-19     "experimental" for purposes of Subsection (a)(5)(D).
6-20           SECTION 3. Section 29.155(f), Education Code, as added by
6-21     Chapter 396, Acts of the 76th Legislature, Regular Session, 1999,
6-22     is amended to read as follows:
6-23           (f)  Notwithstanding Section 7.056(f)(3)(I) [7.056(e)(3)(I)],
6-24     the commissioner may waive a requirement prescribed by this
6-25     subchapter to the extent necessary to implement a grant awarded
6-26     under this section or Section 29.156.
6-27           SECTION 4.  Section 39.072(b), Education Code, as amended by
 7-1     Chapters 396 and 1417, Acts of the 76th Legislature, Regular
 7-2     Session, 1999, is reenacted and amended to read as follows:
 7-3           (b)  The academic excellence indicators adopted under
 7-4     Sections 39.051(b)(1) through (7) and the district's current
 7-5     special education compliance status with the agency shall be the
 7-6     main considerations of the agency in the rating of the district
 7-7     under this section.  Additional criteria in the rules may include
 7-8     consideration of:
 7-9                 (1)  compliance with statutory requirements and
7-10     requirements imposed by rule of the State Board of Education under
7-11     specific statutory authority that relate to:
7-12                       (A)  reporting data through the Public Education
7-13     Information Management System (PEIMS);
7-14                       (B)  the high school graduation requirements
7-15     under Section 28.025; or
7-16                       (C)  an item listed in Sections
7-17     7.056(f)(3)(C)-(I) [7.056(e)(3)(C)-(I)] that applies to the
7-18     district; and
7-19                 (2)  the effectiveness of the district's programs for
7-20     special populations.
7-21           SECTION 5.  This Act applies beginning with the 2001-2002
7-22     school year.
7-23           SECTION 6.  This Act takes effect immediately if it receives
7-24     a vote of two-thirds of all the members elected to each house, as
7-25     provided by Section 39, Article III, Texas Constitution.  If this
7-26     Act does not receive the vote necessary for immediate effect, this
7-27     Act takes effect September 1, 2001.