By: McClendon, Casteel H.B. No. 95
Substitute the following for H.B. No. 95:
By: Hochberg C.S.H.B. No. 95
A BILL TO BE ENTITLED
AN ACT
relating to the first day of instruction of a school year for public
school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0811, Education Code, is amended by
amending Subsections (b) and (c) and adding Subsection (d) to read
as follows:
(b) If a school district intends to apply under Section
7.056 for a waiver of the prohibition prescribed by Subsection (a),
the district must:
(1) at least 60 days and no later than seven days
before the date the district submits the application for the
waiver, publish notice in a newspaper having general circulation in
the district:
(A) stating that the district intends to apply
for a waiver of the prohibition concerning the date of the first day
of instruction for students; [and]
(B) specifying the date on which the district
intends to begin instruction for students; and
(C) containing an address to submit comments on
the waiver request.
(2) hold a public hearing concerning the date of the
first day of instruction for students, provided that the public
hearing cannot be held earlier than 16 months before the proposed
school start date. All speakers at the public hearing must fill out
a witness card that indicates witness name and address and support
or opposition to the waiver.
(3) submit a summary of the correspondence on the
waiver in the documents submitted in the waiver request to the
agency. Correspondence must be received by the district within 30
days of the public hearing to be considered by the district or the
agency.
(c) The application for a waiver of the prohibition
prescribed by Subsection (a) must include a summary of the opinions
expressed at the public hearing held under Subsection (b)(2),
including any consensus of opinion expressed concerning the date of
the first day of instruction for students. The summary must
indicate the number of witnesses at the public hearing supporting
and opposing the waiver.
(d) The completed "Application for Waiver" and all required
information regarding the waiver request must arrive to the office
of the commissioner no later than 120 calendar days prior to the
proposed school start date. An "Application for expedited and
general state waivers" form must be completed and returned along
with proof that the district met the statutory criteria.
SECTION 2. Section 21.407, Education Code, is amended by
amending Subsection (b) to read as follows:
(b) A school district board of trustees or school district
employee may not directly or indirectly coerce any teacher to
refrain from participating in political affairs in the teacher's
community, state, or nation. A school district may not prohibit,
require, or coerce its employees or school district students into
attending, testifying, or registering an opinion in favor of or
against a waiver request made by the school district under Section
25.811.
SECTION 3. Section 7.056, Education Code, is amended by
amending Subsections (b), (c), and (e) to read as follows:
(b) A school campus or district seeking a waiver, other than
a waiver from the first date for instruction under Section 25.0811,
must submit a written application to the commissioner not later
than the 31st day before the campus or district intends to take
action requiring a waiver. A school district seeking a waiver from
the first date for instruction under Section 25.0811 must submit a
written application to the commissioner not later than the 120th
day before the district intends to take action requiring a waiver.
The application must include:
(1) a written plan approved by the board of trustees of
the district that states the achievement objectives of the campus
or district and the inhibition imposed on those objectives by the
requirement, restriction, or prohibition; and
(2) written comments from the campus- or
district-level committee established under Section 11.251.
(c) If the commissioner objects to an application for a
waiver, other than a waiver from the first date for instruction
under Section 25.0811, the commissioner must notify the school
campus or district in writing that the application is denied not
later than the 30th day after the date on which the application is
received. For an application for a waiver from the first date of
instruction the commissioner must notify the school district in
writing that the application is denied not later than the 60th day
after the date on which the application is received. If the
commissioner does not notify the school campus or district of an
objection within that time, the application is considered granted.
(e) Except as provided by Subsection (f), a school campus or
district may not receive an exemption or waiver under this section
from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule,
including a requirement for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) essential knowledge or skills under Section
28.002 or minimum graduation requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, and G, Chapter 39;
(C) extracurricular activities under Section
33.081;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at-risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22;
(K) special education programs under Subchapter
A, Chapter 29; [or]
(L) bilingual education programs under
Subchapter B, Chapter 29; or
(M) procedures and documentation requirements
under Subchapter C, Chapter 25 for applying for a waiver from the
school start date, except in a situation where there is a threat to
the health, safety, or welfare of school district students or
employees.
SECTION 4. The changes in law provided by this Act take
effect beginning with the 2004-2005 school year.
SECTION 5. This Act takes effect September 1, 2003.