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A BILL TO BE ENTITLED
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AN ACT
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relating to the first day of instruction at a public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.0811, Education Code, is amended to |
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read as follows: |
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Sec. 25.0811. FIRST DAY OF INSTRUCTION. [(a)] The board of |
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trustees of a [A] school district shall determine the first day of |
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[may not begin] instruction for students [for a school year before
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the fourth Monday in August unless the district operates a
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year-round system under Section 25.084]. |
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[(b)
Notwithstanding Subsection (a), a school district that
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does not offer each grade level from kindergarten through grade 12
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and whose prospective or former students generally attend school in
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another state for the grade levels the district does not offer may
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start school on any date permitted under Subsection (a) or the law
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of the other state.] |
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SECTION 2. Section 7.056(e), Education Code, is amended to |
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read as follows: |
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(e) Except as provided by Subsection (f), a school campus or |
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district may not receive an exemption or waiver under this section |
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from: |
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(1) a prohibition on conduct that constitutes a |
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criminal offense; |
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(2) a requirement imposed by federal law or rule, |
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including a requirement for special education or bilingual |
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education programs; or |
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(3) a requirement, restriction, or prohibition |
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relating to: |
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(A) essential knowledge or skills under Section |
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28.002 or minimum graduation requirements under Section 28.025; |
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(B) public school accountability as provided by |
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Subchapters B, C, D, and G, Chapter 39; |
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(C) extracurricular activities under Section |
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33.081 or participation in a University Interscholastic League |
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area, regional, or state competition under Section 33.0812; |
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(D) health and safety under Chapter 38; |
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(E) purchasing under Subchapter B, Chapter 44; |
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(F) elementary school class size limits, except |
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as provided by Section 25.112; |
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(G) removal of a disruptive student from the |
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classroom under Subchapter A, Chapter 37; |
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(H) at-risk programs under Subchapter C, Chapter |
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29; |
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(I) prekindergarten programs under Subchapter E, |
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Chapter 29; |
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(J) educator rights and benefits under |
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Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter |
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A, Chapter 22; |
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(K) special education programs under Subchapter |
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A, Chapter 29; or |
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(L) bilingual education programs under |
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Subchapter B, Chapter 29[; or
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[(M)
the requirements for the first day of
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instruction under Section 25.0811]. |
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SECTION 3. Section 25.084(a), Education Code, is amended to |
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read as follows: |
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(a) A school district may operate its schools year-round on |
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either a single-track or a multitrack calendar. If a school |
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district adopts a year-round system, the district may modify: |
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(1) the number of contract days of employees and the |
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number of days of operation, including any time required for staff |
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development, planning and preparation, and continuing education, |
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otherwise required by law; |
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(2) testing dates, data reporting, and related |
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matters; and |
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(3) [the date of the first day of instruction of the
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school year under Section 25.0811 for a school that was operating
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year-round for the 2000-2001 school year; and
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[(4)] a student's eligibility to participate in |
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extracurricular activities when the student's calendar track is not |
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in session. |
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SECTION 4. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |