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By:  Nixon                                                        H.B. No. 69 







A BILL TO BE ENTITLED



AN ACT



relating to the first day of instruction at a public school.                  

	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        

	SECTION 1.  Effective August 1, 2006, Section 7.056(e), 

Education Code, as amended by S.B. 658, Acts of the 79th 

Legislature, Regular Session, 2005, 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 or participation in a University Interscholastic League 

area, regional, or state competition under Section 33.0812;

			(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)  the requirements for the first day of 

instruction under Section 25.0811.

	SECTION 2.  Effective August 1, 2006, Section 25.0811(a), 

Education Code, is amended to read as follows:

	[(a)]  A school district shall [may not] begin instruction 

for students for a school year on the first Tuesday after Labor Day.

[before the week in which August 21 falls.  For purposes of this 

subsection, Sunday is considered the first day of the week.]

	SECTION 3.  A waiver under Section 7.056(e), Education Code, 

from the requirements for the first day of instruction under 

Section 25.0811, Education Code, as amended by this Act, for the 

2006-2007 or a subsequent school year that is granted before August 

1, 2006, is void.

	SECTION 4.  Effective June 1, 2006, Sections 25.0811(b) and 

(c), Education Code, are repealed.

	SECTION 5.  This Act applies beginning with the 2006-2007 

school year.       

	SECTION 6.  Except as otherwise provided by this Act, this 

Act takes effect on the 91st day after the last day of the 

legislative session.