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R E S O L U T I O N
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WHEREAS, Swine flu was first reported to be confirmed in |
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Texas on April 23, 2009, and since then, at least 24 more cases have |
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been confirmed; the United States government has declared a public |
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health emergency, and Governor Rick Perry has issued a disaster |
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declaration for the entire state; and |
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WHEREAS, Public health officials have recommended school |
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closures to help stem the spread of the virus in affected states, |
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and at least 14 Texas school districts have closed all or some |
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schools due to swine flu concerns; and |
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WHEREAS, Subsection (a), Section 25.081, Education Code, |
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requires that "for each school year each school district must |
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operate so that the district provides for at least 180 days of |
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instruction for students"; however, Subsection (b) allows for the |
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commissioner of education to make exceptions "if disaster, flood, |
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extreme weather conditions, fuel curtailment, or another calamity |
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causes the closing of schools"; Subsection (d), Section 42.005, |
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Education Code, further allows the commissioner to "adjust the |
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average daily attendance of a school district" in which any of the |
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aforementioned exceptions have a "significant effect on the |
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district's attendance," an action that would ensure that school |
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funding would not be negatively impacted by the implementation of |
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such an exception; and |
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WHEREAS, Schools throughout the state are dedicated to the |
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health and safety of their students, faculty, and staff and should |
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not be required to make up any school days that are missed as a |
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result of swine flu prevention measures; nor should they be |
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penalized financially for any reduction in the average daily |
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attendance of the district that these closures may cause; now, |
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therefore, be it |
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RESOLVED, That the House of Representatives of the 81st Texas |
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Legislature hereby direct the commissioner of education to inform |
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school boards and superintendents that swine flu qualifies as an |
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exception to the 180-day attendance statute; and, be it further |
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RESOLVED, That the commissioner be directed to adjust the |
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average daily attendance of any affected school districts |
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accordingly; and, be it further |
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RESOLVED, That the chief clerk forward an official copy of |
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this resolution to the commissioner of education. |