By Dutton H.B. No. 1936
77R6838 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to referendum elections concerning the first instructional
1-3 day of a school year for public school students and to the first
1-4 instructional day of the first term of summer session for students
1-5 at general academic teaching institutions.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter C, Chapter 25, Education Code, is
1-8 amended by adding Section 25.0811 to read as follows:
1-9 Sec. 25.0811. REFERENDUM ON DATE OF FIRST INSTRUCTIONAL DAY.
1-10 (a) Except as otherwise provided by Subsection (e), in each school
1-11 district, the date of the first instructional day of the school
1-12 year must be determined by a referendum election.
1-13 (b) The board of trustees of each school district shall
1-14 propose two dates for the first instructional day of the school
1-15 year. One proposed date must be a date that is not earlier than
1-16 August 21 or later than August 31. The other proposed date must be
1-17 September 1 or a later date. The dates the board proposes must be
1-18 based on written recommendations submitted to the board by district
1-19 residents in response to a request by the board for
1-20 recommendations. In making that request, the board shall use a
1-21 method designed to reach as many district residents as practicable
1-22 and shall include statements concerning the date by which and
1-23 manner in which a recommendation must be submitted and the
1-24 restrictions imposed on the proposed dates by this subsection.
2-1 (c) The referendum may be placed on the ballot at any type
2-2 of school district election, including an election of district
2-3 trustees, a bond election, or a special election. A district is
2-4 not required to hold a special election for purposes of this
2-5 section.
2-6 (d) Section 52.073, Election Code, does not apply to the
2-7 ballot used for the referendum. The ballot must be printed to
2-8 permit voting for a proposition for each proposed date, with a
2-9 square for voting printed to the left of each proposition.
2-10 Immediately above the propositions, the following shall be printed:
2-11 "Referendum on the first instructional day of the school year in
2-12 (name of district). Place an 'X' in the square beside the proposed
2-13 date you prefer. Vote for one date only." Each proposition must
2-14 read "Making (month) (day) the first instructional day of the
2-15 school year." A ballot on which a voter votes for more than one
2-16 proposition may not be counted.
2-17 (e) The proposition receiving the higher number of votes is
2-18 approved, and the first instructional day of the succeeding school
2-19 year and each school year thereafter is the date specified in that
2-20 proposition. If the propositions receive the same number of votes,
2-21 the board of trustees by resolution shall adopt the date stated in
2-22 one of the propositions as the date of the first instructional day
2-23 of the succeeding school year and of each school year thereafter.
2-24 The board shall base its decision on the best interests of district
2-25 students, parents of district students, and other district
2-26 residents. That decision may not be appealed.
2-27 (f) In any year in which the first instructional day of the
3-1 school year approved by voters or adopted by the board of trustees
3-2 under this section falls on a Saturday, Sunday, or legal holiday,
3-3 the first instructional day is the next day that is not a Saturday,
3-4 Sunday, or legal holiday.
3-5 (g) The board of trustees of a school district may change
3-6 the first instructional day of the school year only by holding
3-7 another election in compliance with this section.
3-8 (h) This section does not apply to a juvenile justice
3-9 alternative education program under Section 37.011.
3-10 SECTION 2. Section 25.084(a), Education Code, is amended to
3-11 read as follows:
3-12 (a) A school district may operate its schools year-round on
3-13 either a single-track or a multitrack calendar. If a school
3-14 district adopts a year-round system, the district may modify:
3-15 (1) the number of contract days of employees and the
3-16 number of days of operation, including any time required for staff
3-17 development, planning and preparation, and continuing education,
3-18 otherwise required by law;
3-19 (2) testing dates, data reporting, and related
3-20 matters; [and]
3-21 (3) the date of the first instructional day of the
3-22 school year for a school that was operating year-round for the
3-23 2000-2001 school year; and
3-24 (4) a student's eligibility to participate in
3-25 extracurricular activities when the student's calendar track is not
3-26 in session.
3-27 SECTION 3. Subchapter C, Chapter 61, Education Code, is
4-1 amended by adding Section 61.088 to read as follows:
4-2 Sec. 61.088. FIRST INSTRUCTIONAL DAY OF FIRST TERM OF SUMMER
4-3 SESSION. The board shall consult with each general academic
4-4 teaching institution to ensure that the institution adopts a
4-5 calendar for the academic year under which the first instructional
4-6 day of the first term of the summer session is not earlier than the
4-7 second full week in June.
4-8 SECTION 4. (a) Except as provided by Section 25.084,
4-9 Education Code, as amended by this Act, for the 2001-2002 school
4-10 year, a school district may not begin instruction for students
4-11 earlier than August 21.
4-12 (b) At the first school district election held later than
4-13 the 45th day after the effective date of this Act, each district
4-14 shall place on the ballot, in compliance with Section 25.0811,
4-15 Education Code, as added by this Act, the initial referendum
4-16 concerning the issue of the first instructional day of the school
4-17 year.
4-18 (c) Except as provided by Subsection (d), the board of
4-19 trustees of a school district may not adopt a calendar for the
4-20 2002-2003 school year until a referendum election on the first
4-21 instructional day of the school year has been held in compliance
4-22 with Section 25.0811, Education Code, as added by this Act.
4-23 (d) This subsection applies only if a school district
4-24 conducts a regular election of trustees on May 5, 2001, that date
4-25 is earlier than the 46th day after the effective date of this Act,
4-26 and the district does not hold another election until May 3, 2003.
4-27 A district to which this subsection applies may adopt a calendar
5-1 for the 2002-2003 school year before a referendum election on the
5-2 first instructional day of the school year has been held in
5-3 compliance with Section 25.0811, Education Code, as added by this
5-4 Act, but may not adopt a calendar for the 2003-2004 school year
5-5 until such a referendum election is held. In a district to which
5-6 this subsection applies, the first instructional day of the
5-7 2002-2003 school year may not be earlier than August 21.
5-8 (e) Section 61.088, Education Code, as added by this Act,
5-9 applies to the first instructional day of the first term of the
5-10 summer session beginning with the first instructional day of the
5-11 first term of the summer session in 2002.
5-12 SECTION 5. This Act takes effect immediately if it receives
5-13 a vote of two-thirds of all the members elected to each house, as
5-14 provided by Section 39, Article III, Texas Constitution. If this
5-15 Act does not receive the vote necessary for immediate effect, this
5-16 Act takes effect September 1, 2001.