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  82R2899 CAE-D
 
  By: Dutton H.B. No. 514
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the receipt of an exemption or waiver for a school
  district or campus that is academically unacceptable.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1. Sections 7.056(a), (e), and (f), Education Code,
  are amended to read as follows:
         (a)  Except as provided by Subsection (e) or (f), a school
  campus or district may apply to the commissioner for a waiver of a
  requirement, restriction, or prohibition imposed by this code or
  rule of the board or commissioner.
         (e)  A [Except as provided by Subsection (f), a] school
  campus or district may not receive an exemption or waiver under this
  section from:
               (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 high school graduation requirements under Section 28.025;
                     (B)  public school accountability as provided by
  Subchapters B, C, D, E, and J, 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
  29;
                     (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.
         (f)  A school district or campus that is assigned an
  unacceptable performance rating as provided by Section 39.054 or
  that has performance below any standard provided by Section
  39.054(e) [required to develop and implement a student achievement
  improvement plan under Section 39.102 or 39.103] may not receive an
  exemption or waiver under this section from any law or rule [other
  than:
               [(1)  a prohibition on conduct that constitutes a
  criminal offense;
               [(2)  a requirement imposed by federal law or rule;
               [(3)  a requirement, restriction, or prohibition
  imposed by state law or rule relating to:
                     [(A)  public school accountability as provided by
  Subchapters B, C, D, E, and J, Chapter 39; or
                     [(B)  educator rights and benefits under
  Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
  A, Chapter 22; or
               [(4)  textbook selection under Chapter 31].
         SECTION 2.  This Act applies beginning with the 2011-2012
  school year.
         SECTION 3.  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, 2011.