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A BILL TO BE ENTITLED
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AN ACT
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relating to the receipt of an exemption or waiver for a school |
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district or campus that is academically unacceptable. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 7.056(a), (e), and (f), Education Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (e) or (f), a school |
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campus or district may apply to the commissioner for a waiver of a |
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requirement, restriction, or prohibition imposed by this code or |
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rule of the board or commissioner. |
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(e) A [Except as provided by Subsection (f), a] school |
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campus or district may not receive an exemption or waiver 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) 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 high school 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, E, and J, 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; |
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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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(f) A school district or campus that is assigned an |
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unacceptable performance rating as provided by Section 39.054 or |
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that has performance below any standard provided by Section |
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39.054(e) [required to develop and implement a student achievement
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improvement plan under Section 39.102 or 39.103] may not receive an |
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exemption or waiver under this section from any law or rule [other
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than:
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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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[(3) a requirement, restriction, or prohibition
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imposed by state law or rule relating to:
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[(A) public school accountability as provided by
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Subchapters B, C, D, E, and J, Chapter 39; or
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[(B) 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; or
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[(4) textbook selection under Chapter 31]. |
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SECTION 2. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 3. 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, 2011. |