By:  McClendon                                                    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 to 
read as follows:  
	Sec. 25.0811.  FIRST DAY OF INSTRUCTION.  (a)  A school 
district may not begin instruction for students for a school year 
before the week in which August 21 falls.  For purposes of this 
subsection, Sunday is considered the first day of the week.
	(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 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)  the newspaper notice shall be placed no 
earlier than 30 days before the hearing date on the waiver and no 
later than seven days before the hearing date on the waiver; and
			(D)  the newspaper notice must contain an email 
address for community members to use to submit comments on the 
waiver request.  Emails and other written correspondence that is 
received by the school district on the waiver request must be 
included in the documents submitted by the school district in its 
waiver request to the Texas Education Agency; and
		(2)  hold a public hearing concerning the date of the 
first day of instruction for students, provided that:
			(A)  the public hearing cannot be held on the same 
day as another event offered by the school district or by an entity 
funded by the school district, if the event is promoted to parents 
within the school district; and
			(B)  the public hearing cannot be held earlier 
than one calendar year before the proposed school start date.
	(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 which comments at the public hearing were from 
participants who reside outside of the school district and do not 
have a child that is a student within the district.
	(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.
	(e)  As a matter of law, the burden of proof is on the school 
district to show that there is a consensus of support in the 
community to request a waiver to begin the school year prior to the 
week of August 21.
	(f)  The school district may not prohibit, require, or 
intimidate its employees or other individuals into attending, 
testifying, or registering an opinion in favor of or against a 
waiver request by the school district.
	SECTION 5.  Section 7.056(e), Education Code, is amended to 
read as follows: 
	(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.          
			(M)  procedures and documentation requirements 
under Subchapter C, Chapter 25 for applying for a waiver from the 
school start date.
	SECTION 6.  The changes in law provided by this Act take 
effect beginning with the 2004-2005 school year.
	SECTION 7.  This Act takes effect September 1, 2003.