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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting certain school districts from certain laws |
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and rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 39.074(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) The commissioner may: |
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(1) to ensure compliance with federal law or |
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regulations, direct the agency to conduct on-site investigations at |
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any time of [to answer any questions concerning] a program, |
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including a special education program, required by federal law or |
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for which the district receives federal funds; and |
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(2) raise or lower the performance rating as a result |
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of the investigation. |
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(b) Except as provided by Subsection (a), the [The] |
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commissioner may direct the agency to conduct [shall determine the
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frequency of] on-site investigations of a district only if the |
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district was rated academically unacceptable under Section 39.072 |
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for the preceding school year [by the agency according to annual
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comprehensive analyses of student performance and equity in
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relation to the academic excellence indicators adopted under
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Section 39.051]. |
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SECTION 2. Section 39.112, Education Code, is amended by |
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amending Subsections (a), (b), and (d) and adding Subsections (c-1) |
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and (e) to read as follows: |
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(a) Except as provided by Subsection (b) or (c-1), a school |
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campus or district that is rated exemplary is exempt from |
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requirements and prohibitions imposed under this code, including |
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rules adopted under this code. |
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(b) A school campus or district is not exempt under this |
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section from: |
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(1) a prohibition on conduct that constitutes a |
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criminal offense; |
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(2) requirements imposed by federal law or rule, |
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including requirements 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) curriculum essential knowledge and skills |
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under Section 28.002 or minimum graduation requirements under |
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Section 28.025; |
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(B) public school accountability as provided by |
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Subchapters B, C, D, and G; |
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(C) extracurricular activities under Section |
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33.081; |
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(D) health and safety under Chapter 38; |
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(E) purchasing [competitive bidding] under |
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Subchapter B, Chapter 44; |
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(F) elementary school class size limits, except |
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as provided by Subsection (c-1) or (d) or 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) rights and benefits of school employees; |
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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. |
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(c-1) Notwithstanding Section 25.112, a school district |
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that is rated exemplary or recognized may not enroll at the |
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kindergarten, first grade, second grade, third grade, or fourth |
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grade level an average of more than 22 students per class per |
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campus. The exceptions to elementary school class size limits |
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provided by Section 25.112 apply to the limits under this |
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subsection. |
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(d) The commissioner may exempt an exemplary school campus |
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from elementary class size limits prescribed by Section 25.112 |
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[under this section] if the school campus submits to the |
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commissioner a written plan showing steps that will be taken to |
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ensure that the exemption from the class size limits will not be |
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harmful to the academic achievement of the students on the school |
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campus. The commissioner shall review achievement levels annually. |
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The exemption remains in effect until the commissioner determines |
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that achievement levels of the campus have declined. |
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(e) A school district that is rated exemplary or recognized |
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is specifically exempted from the following provisions and any rule |
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adopted under any of the following provisions: |
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(1) Section 21.003(a), restricting employment to only |
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those educators holding appropriate certification; |
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(2) Section 37.020, requiring a report concerning |
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expulsions and disciplinary alternative education program |
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placements; |
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(3) Sections 42.152(c), (q), (q-1), (q-2), (q-3), |
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(q-4), and (r), restricting the use of the compensatory education |
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allotment; |
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(4) Section 42.154(c), restricting the use of the |
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career and technology education allotment; and |
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(5) Section 42.156(b), restricting the use of the |
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gifted and talented student allotment. |
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SECTION 3. Section 39.074(e), Education Code, is repealed. |
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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. |