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A BILL TO BE ENTITLED
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AN ACT
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relating to excellence exemptions available to school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 39, Education Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(e) to read as follows: |
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Sec. 39.112. EXCELLENCE EXEMPTIONS. (a) Except as |
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provided by Subsection (b), a school campus or district that is |
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rated exemplary is exempt from requirements and prohibitions |
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imposed under this code including rules adopted under this code. An |
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exemption under this section applies to the school year in which a |
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school campus or district is rated exemplary and to the following |
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school year. |
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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] this chapter; |
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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) competitive bidding under Subchapter B, |
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Chapter 44; |
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(F) elementary school class size limits, except |
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as provided by Subsection (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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(M) Administrative hearings under Section 7.057 |
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and Subchapters F and G, Chapter 21; |
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(N) Governance of a school district under Chapter |
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11; |
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(O) Creation, consolidation, annexation and |
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boundary changes authorized under Chapter 13; |
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(P) Admission of students under Section 25.001; |
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excused student absences under Section 25.087; and truancy |
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provisions under Sections 25.093, 29.094, 25.095, and 25.0951; |
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(Q) School finance requirements and the Public |
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Education Information Management System under Chapters 41, 42, and |
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46; and |
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(R) Parental Rights under Ch 26. |
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(c) The agency shall monitor and evaluate deregulation of a |
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school campus or district under this section and Section 7.056. |
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(d) The commissioner may exempt an exemplary school campus |
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from elementary class size limits under this section if the school |
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campus submits to the commissioner a written plan showing steps |
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that will be taken to ensure that the exemption from the class size |
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limits will not be harmful to the academic achievement of the |
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students on the school campus. The commissioner shall review |
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achievement levels annually. The exemption remains in effect until |
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the commissioner determines that achievement levels of the campus |
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have declined. |
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(e) Nothing in this section shall be construed to prohibit a |
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school district from voluntarily complying with any provision of |
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this title, nor from eligibility for any state or federal funds |
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generally available to school districts, in accordance with |
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eligibility requirements for such funding. |