By:  Madla                                                        S.B. No. 658
	(In the Senate - Filed February 22, 2005; March 2, 2005, 
read first time and referred to Committee on Education; 
March 21, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 8, Nays 0; March 21, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 658                                    By:  Zaffirini


A BILL TO BE ENTITLED

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 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.  The commissioner shall determine the school 
week during the school year in which the primary administration of 
assessment instruments occurs for purposes of this subsection.
	(b)  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.
	(c)  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.
	(d)  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.



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