83R3869 KKA-D

By: King of Taylor H.B. No. 864

A BILL TO BE ENTITLED

AN ACT

relating to school district waivers from state curriculum requirements for high school graduation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 7.056, Education Code, is amended by amending Subsections (d) and (e) and adding Subsections (e-1), (e-2), (e-3), and (e-4) to read as follows:

(d) A waiver granted under this section is effective for the period stated in the application, which may not exceed three years, except as permitted under Subsection (e-1). A school campus or district for which a requirement, restriction, or prohibition is waived under this section for a period of three or more years may receive an exemption from that requirement, restriction, or prohibition at the end of that period if the campus or district has fulfilled the achievement objectives stated in the application. The exemption remains in effect until the commissioner determines that achievement levels of the campus or district have declined.

(e) Except as provided by Subsection (e-1), (e-2), or (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.

(e-1) A school campus or district may obtain a waiver under this section from the curriculum requirements for the recommended and advanced high school programs imposed under Section 28.025(b-1). The written application submitted by the campus or district under Subsection (b) must:

(1) include a detailed description of the alternative curriculum requirements that the campus or district proposes to require for the recommended and advanced high school programs;

(2) demonstrate that the alternative curriculum requirements described in Subdivision (1) are at least as rigorous as the curriculum requirements for the recommended and advanced high school programs;

(3) state the period for which the waiver is sought, which may not exceed eight years; and

(4) identify any waivers or modifications to the public school accountability provisions in Chapter 39, including the secondary-level performance requirements prescribed by Section 39.025, considered to be necessary as a result of the alternative curriculum.

(e-2) Notwithstanding any other provision of this section, the commissioner may waive or modify any requirement imposed by this code or a rule of the board or commissioner to the extent necessary to give effect to a waiver requested under Subsection (e-1).

(e-3) The commissioner shall revoke a waiver granted under Subsection (e-1) and any associated waivers or modifications granted under Subsection (e-2) if the commissioner determines that the alternative curriculum requirements as implemented are not at least as rigorous as the curriculum requirements imposed under Section 28.025(b-1) for the recommended and advanced high school programs.

(e-4) A student who completes alternative curriculum requirements in compliance with a granted waiver under Subsection (e-1) is considered for purposes of Section 51.803(a)(2)(A) or a related provision to have successfully completed the curriculum requirements established under Section 28.025(b-1) for the recommended or advanced high school program.

SECTION 2. Section 39.333, Education Code, is amended to read as follows:

Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. The agency shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, the Legislative Budget Board, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system a regional and district level report covering the preceding two school years and containing:

(1) a summary of school district compliance with the student/teacher ratios and class-size limitations prescribed by Sections 25.111 and 25.112, including:

(A) the number of campuses and classes at each campus granted an exception from Section 25.112; and

(B) for each campus granted an exception from Section 25.112, a statement of whether the campus has been awarded a distinction designation under Subchapter G or has been identified as an unacceptable campus under Subchapter E;

(2) a summary and evaluation of the exemptions and waivers granted to campuses and school districts under Section 7.056 or 39.232, including:

(A) [and] a review of the effectiveness of each campus or district following deregulation;

(B) a list of campuses and school districts granted a waiver under Section 7.056(e-1) from the curriculum requirements for the recommended and advanced high school programs imposed under Section 28.025(b-1); and

(C) a statement certifying that the alternative curriculum requirements imposed by each campus and school district listed under Paragraph (B) are at least as rigorous as the curriculum requirements for the recommended and advanced high school programs;

(3) an evaluation of the performance of the system of regional education service centers based on the indicators adopted under Section 8.101 and client satisfaction with services provided under Subchapter B, Chapter 8;

(4) an evaluation of accelerated instruction programs offered under Section 28.006, including an assessment of the quality of such programs and the performance of students enrolled in such programs; and

(5) the number of classes at each campus that are currently being taught by individuals who are not certified in the content areas of their respective classes.

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, 2013.