79S30346 PAM-D

By:  Seaman                                                       H.B. No. 46 



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.  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 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.  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 in September [before 
the week in which August 21 falls.  For purposes of this subsection, 
Sunday is considered the first day of the week].
	SECTION 3.  Sections 25.0811(b) and (c), Education Code, are 
repealed.       
	SECTION 4.  This Act applies beginning with the 2007-2008 
school year.       
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.