80R1313 CAE-D

By: Truitt H.B. No. 130

A BILL TO BE ENTITLED

AN ACT

relating to a waiver for school districts from first day of instruction requirements.

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

SECTION 1. Section 25.0811, Education Code, is amended by adding Subsections (b) through (d) to read as follows:

(b) If a school district intends to apply under Section 7.056 for a waiver of the prohibition prescribed by Subsection (a), the district must:

(1) at least 60 days before the date the district submits the application for the waiver, publish notice in a newspaper having general circulation in the district:

(A) stating that the district intends to apply for a waiver of the prohibition concerning the date of the first day of instruction for students; and

(B) specifying the date on which the district intends to begin instruction for students; and

(2) hold a public hearing concerning the date of the first day of instruction for students.

(c) The application for a waiver of the prohibition prescribed by Subsection (a) must include a summary of the opinions expressed at the public hearing held under Subsection (b)(2), including any consensus of opinion expressed concerning the date of the first day of instruction for students.

(d) If the commissioner grants a school district a waiver of the prohibition prescribed by Subsection (a), for each day that the district instructs students before the date prescribed by that subsection, the commissioner shall assess a fee against the district in an amount determined by the commissioner in accordance with a rule adopted by the commissioner for that purpose. The amount of the fee must be based on the number of days the school district begins instruction before the date prescribed in Subsection (a) and the number of students in average daily attendance in the district and must reasonably reflect the cost to the state resulting from the district's early school start date. Any fee assessed under this subsection shall be deposited in the general revenue fund. The commissioner shall adopt rules necessary to administer this subsection.

SECTION 2. 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 3. This Act applies beginning with the 2007-2008 school year.

SECTION 4. 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, 2007.