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.