1-1                                   AN ACT
 1-2     relating to the first day of instruction of a school year for
 1-3     public 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 DAY OF INSTRUCTION.  (a)  A school
 1-8     district may not begin instruction for students for a school year
 1-9     before the week in which August 21 falls.  For purposes of this
1-10     subsection, Sunday is considered the first day of the week.
1-11           (b)  If a school district intends to apply under Section
1-12     7.056 for a waiver of the prohibition prescribed by Subsection (a),
1-13     the district must:
1-14                 (1)  at least 60 days before the date the district
1-15     submits the application for the waiver, publish notice in a
1-16     newspaper having general circulation in the district:
1-17                       (A)  stating that the district intends to apply
1-18     for a waiver of the prohibition concerning the date of the first
1-19     day of instruction for students; and
1-20                       (B)  specifying the date on which the district
1-21     intends to begin instruction for students; and
1-22                 (2)  hold a public hearing concerning the date of the
1-23     first day of instruction for students.
1-24           (c)  The application for a waiver of the prohibition
1-25     prescribed by Subsection (a) must include a summary of the opinions
 2-1     expressed at the public hearing held under Subsection (b)(2),
 2-2     including any consensus of opinion expressed concerning the date of
 2-3     the first day of instruction for students.
 2-4           SECTION 2.  Subsection (a), Section 25.084, Education Code,
 2-5     is amended to read as follows:
 2-6           (a)  A school district may operate its schools year-round on
 2-7     either a single-track or a multitrack calendar.  If a school
 2-8     district adopts a year-round system, the district may modify:
 2-9                 (1)  the number of contract days of employees and the
2-10     number of days of operation, including any time required for staff
2-11     development, planning and preparation, and continuing education,
2-12     otherwise required by law;
2-13                 (2)  testing dates, data reporting, and related
2-14     matters; [and]
2-15                 (3)  the date of the first day of instruction of the
2-16     school year under Section 25.0811 for a school that was operating
2-17     year-round for the 2000-2001 school year; and
2-18                 (4)  a student's eligibility to participate in
2-19     extracurricular activities when the student's calendar track is not
2-20     in session.
2-21           SECTION 3.  This Act applies beginning with the 2002-2003
2-22     school year.
2-23           SECTION 4.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 108 passed the Senate on
         March 27, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendments on May 24, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 108 passed the House, with
         amendments, on May 16, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor