By: Giddings H.B. No. 1432
  relating to the assignment of a public school student to an
  inexperienced and uncertified teacher.
         SECTION 1.  Subchapter B, Chapter 28, Education Code, is
  amended by adding Section 28.0216 to read as follows:
  (a) This section applies only to a school district with an
  enrollment of 5,000 or more students.
         (b)  A student in kindergarten through grade six may not be
  assigned for two consecutive school years to a teacher who:
               (1)  has less than one year of teaching experience; and
               (2)  does not hold the appropriate certificate required
  under Section 21.003.
         (c)  In a subject for which a student is assessed under
  Section 39.023(a) or (c), a student in grade seven through 12 may
  not be assigned for two consecutive years to a teacher who:
               (1)  has less than one year of teaching experience; and
               (2)  does not hold the appropriate certificate required
  under Section 21.003.
         (d)  The prohibition prescribed by Subsection (b) or (c) does
  not apply if the student's parent or other person standing in
  parental relation to the student and a school counselor or school
  administrator agree that assignment of the student to the teacher
  should be allowed.
         (e)  The commissioner may grant a waiver from the
  requirements of this section to a school district if the
  commissioner finds that extreme circumstances in the district
  warrant the waiver. The commissioner may adopt rules as necessary
  to implement this section.
         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
               (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
                     (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;
                     (L)  bilingual education programs under
  Subchapter B, Chapter 29; [or]
                     (M)  the requirements for the first day of
  instruction under Section 25.0811; or
                     (N)  the prohibition on assignment of a student to
  an inexperienced and uncertified teacher under Section 28.0216,
  except as otherwise authorized under that section.
         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.