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S.B. No. 658
AN ACT
relating to the scheduling of certain University Interscholastic
League competitions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.0812 to read as follows:
Sec. 33.0812. SCHEDULING EXTRACURRICULAR ACTIVITIES
PROHIBITED IN CERTAIN CIRCUMSTANCES. (a) The State Board of
Education by rule shall prohibit participation in a University
Interscholastic League area, regional, or state competition:
(1) on Monday through Thursday of the school week in
which the primary administration of assessment instruments under
Section 39.023(a), (c), or (l) occurs; or
(2) if the primary administration of the assessment
instruments is completed before Thursday of the school week,
beginning on Monday and ending on the last school day on which the
assessment instruments are administered.
(b) The commissioner shall determine the school week during
the school year in which the primary administration of assessment
instruments occurs for purposes of Subsection (a).
(c) The commissioner shall adopt rules to provide the
University Interscholastic League with a periodic calendar of dates
reserved for testing for planning purposes under this section. The
periodic calendar must be provided at least every three years on or
before May 1 of the year preceding the three-year cycle of reserved
testing dates.
(d) In adopting rules under this section, the commissioner
shall:
(1) include a procedure for changing, in exceptional
circumstances, testing dates reserved under the periodic calendar;
(2) define circumstances that constitute exceptional
circumstances under Subdivision (1) as unforeseen events,
including a natural disaster, severe weather, fire, explosion, or
similar circumstances beyond the control of school districts or the
agency; and
(3) establish criteria for determining whether a
University Interscholastic League area, regional, or state
competition must be canceled if that event conflicts with a changed
testing date.
(e) This section does not apply to testing dates on which
assessment instruments are administered only to students retaking
assessment instruments.
SECTION 2. Subsection (e), Section 7.056, 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.
SECTION 3. A rule adopted under Subsection (a), Section
33.0812, Education Code, as added by this Act, does not apply to
student participation in a University Interscholastic League area,
regional, or state competition for which a contract for the
provision of facilities in which the competition will be conducted
was entered into before the effective date of this Act.
SECTION 4. This Act applies beginning with the 2006-2007
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 658 passed the Senate on
March 30, 2005, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 658 passed the House, with
amendment, on May 25, 2005, by the following vote: Yeas 144,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor