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79R1455 KKA-D

By:  King of Parker                                               H.B. No. 158



A BILL TO BE ENTITLED

AN ACT

relating to exempting certain school districts from certain laws 
and rules. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 39.074(a) and (b), Education Code, are 
amended to read as follows:
	(a)  The commissioner may:                                                     
		(1)  to ensure compliance with federal law or 
regulations, direct the agency to conduct on-site investigations at 
any time of [to answer any questions concerning] a program, 
including a special education program, required by federal law or 
for which the district receives federal funds;  and
		(2)  raise or lower the performance rating as a result 
of the investigation.
	(b)  Except as provided by Subsection (a), the [The] 
commissioner may direct the agency to conduct [shall determine the 
frequency of] on-site investigations of a district only if the 
district was rated academically unacceptable under Section 39.072 
for the preceding school year [by the agency according to annual 
comprehensive analyses of student performance and equity in 
relation to the academic excellence indicators adopted under 
Section 39.051].
	SECTION 2.  Section 39.112, Education Code, is amended by 
amending Subsections (a), (b), and (d) and adding Subsections (c-1) 
and (e) to read as follows:
	(a)  Except as provided by Subsection (b) or (c-1), a school 
campus or district that is rated exemplary is exempt from 
requirements and prohibitions imposed under this code, including 
rules adopted under this code.
	(b)  A school campus or district is not exempt under this 
section from:      
		(1)  a prohibition on conduct that constitutes a 
criminal offense;          
		(2)  requirements imposed by federal law or rule, 
including requirements for special education or bilingual 
education programs; or
		(3)  a requirement, restriction, or prohibition 
relating to:                
			(A)  curriculum essential knowledge and 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;
			(C)  extracurricular activities under Section 
33.081;                      
			(D)  health and safety under Chapter 38;                                     
			(E)  purchasing [competitive bidding] under 
Subchapter B, Chapter 44;
			(F)  elementary school class size limits, except 
as provided by Subsection (c-1) or (d) or 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)  rights and benefits of school employees;                                
			(K)  special education programs under Subchapter 
A, Chapter 29; or         
			(L)  bilingual education programs under 
Subchapter B, Chapter 29.          
	(c-1)  Notwithstanding Section 25.112, a school district 
that is rated exemplary or recognized may not enroll at the 
kindergarten, first grade, second grade, third grade, or fourth 
grade level an average of more than 22 students per class per 
campus.  The exceptions to elementary school class size limits 
provided by Section 25.112 apply to the limits under this 
subsection.
	(d)  The commissioner may exempt an exemplary school campus 
from elementary class size limits prescribed by Section 25.112
[under this section] if the school campus submits to the 
commissioner a written plan showing steps that will be taken to 
ensure that the exemption from the class size limits will not be 
harmful to the academic achievement of the students on the school 
campus.  The commissioner shall review achievement levels annually.  
The exemption remains in effect until the commissioner determines 
that achievement levels of the campus have declined.
	(e)  A school district that is rated exemplary or recognized  
is specifically exempted from the following provisions and any rule 
adopted under any of the following provisions:
		(1)  Section 21.003(a), restricting employment to only 
those educators holding appropriate certification;
		(2)  Section 37.020, requiring a report concerning  
expulsions and disciplinary alternative education program 
placements;
		(3)  Sections 42.152(c), (q), (q-1), (q-2), (q-3), 
(q-4), and (r), restricting the use of the compensatory education 
allotment;
		(4)  Section 42.154(c), restricting the use of the 
career and technology education allotment; and
		(5)  Section 42.156(b), restricting the use of the 
gifted and talented student allotment.
	SECTION 3.  Section 39.074(e), Education Code, is repealed.                    
	SECTION 4.  This Act applies beginning with the 2005-2006 
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 September 1, 2005.