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A BILL TO BE ENTITLED
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AN ACT
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relating to a waiver for certain school districts from first day of |
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instruction requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.0811, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (c), (d), and (e) to |
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read as follows: |
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(a) Except as provided by Subsection (c), a [A] school |
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district may not begin instruction for students for a school year |
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before the fourth Monday in August unless the district operates a |
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year-round system under Section 25.084. |
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(c) A school district located wholly or partly in a county |
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with a population of more than 3.3 million may apply under Section |
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7.056 for a waiver of the prohibition prescribed by Subsection |
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(a). A school district applying for an exemption under this |
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subsection may not begin instruction before the second Monday in |
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August. |
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(d) A school district applying for a waiver as provided by |
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Subsection (c) must: |
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(1) at least 60 days before the date the district |
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submits the application for the waiver, post notice on the |
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district's Internet website: |
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(A) stating that the district intends to apply |
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for a waiver of the prohibition concerning the date of the first day |
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of instruction for students; and |
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(B) specifying the date on which the district |
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intends to begin instruction for students; and |
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(2) solicit written comments from the public |
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concerning the date of the first day of instruction for students. |
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(e) The application for a waiver under Subsection (c) must |
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include a summary of any opinions expressed in written comments |
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submitted by the public under Subsection (d)(2), including any |
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consensus of opinion expressed concerning the date of the first day |
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of instruction for students. |
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SECTION 2. Section 7.056(e), Education Code, is amended to |
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read as follows: |
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(e) Except as provided by Subsection (f), a school campus or |
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district may not receive an exemption or waiver under this section |
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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, except as provided by [under] Section 25.0811. |
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SECTION 3. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 4. 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. |