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AN ACT
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relating to the minutes of operation required for public school |
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districts, charter schools, and other education programs and to |
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calculating the average daily attendance for certain education |
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programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.081, Education Code, is amended to |
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read as follows: |
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Sec. 25.081. OPERATION OF SCHOOLS. (a) Except as |
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authorized under Subsection (b) of this section, Section 25.084, or |
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Section 29.0821, for each school year each school district must |
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operate [so that the district provides] for at least 75,600 |
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minutes, including time allocated for [of] instruction, |
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[including] intermissions, and recesses[,] for students. |
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(b) The commissioner may approve the operation of schools |
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[instruction of students] for fewer than the number of minutes |
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required under Subsection (a) if disaster, flood, extreme weather |
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conditions, fuel curtailment, or another calamity causes the |
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closing of schools. |
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(c) If the commissioner does not approve reduced operation |
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[instruction] time under Subsection (b), a school district may add |
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additional minutes to the end of the district's normal school hours |
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as necessary to compensate for minutes [of instruction] lost due to |
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school closures caused by disaster, flood, extreme weather |
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conditions, fuel curtailment, or another calamity. |
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(d) The commissioner may adopt rules to implement this |
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section, including rules: |
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(1) for the application, on the basis of the minimum |
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minutes of operation [instruction] required by Subsection (a), of |
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any provision of this title that refers to a minimum number of days |
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of instruction under this section; |
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(2) to determine the minutes of operation that are |
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equivalent to a day; |
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(3) defining minutes of operation and instructional |
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time; and |
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(4) establishing the minimum number of minutes of |
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instructional time required for a full-day and a half-day program |
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to meet the time requirements under Subsection (a). |
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(e) A school district or education program is exempt from |
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the minimum minutes of operation requirement if the district's or |
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program's average daily attendance is calculated under Section |
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42.005(j) [For purposes of this code, a reference to a day of
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instruction means 420 minutes of instruction]. |
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(f) The commissioner may proportionally reduce the amount |
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of funding a district receives under Chapter 41, 42, or 46 and the |
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average daily attendance calculation for the district if the |
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district operates on a calendar that provides fewer minutes of |
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operation than required under Subsection (a). |
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SECTION 2. The heading to Section 25.082, Education Code, |
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is amended to read as follows: |
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Sec. 25.082. [SCHOOL DAY;] PLEDGES OF ALLEGIANCE; MINUTE OF |
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SILENCE. |
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SECTION 3. Section 29.0822(c), Education Code, is amended |
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to read as follows: |
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(c) Except in the case of a course designed for a student |
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described by Subsection (a)(3), a course offered in a program under |
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this section must provide for at least the same number of |
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instructional hours as required for a course offered in a program |
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that meets the required minimum number of minutes of operation |
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[instructional days] under Section 25.081 [and the required length
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of school day under Section 25.082]. |
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SECTION 4. Section 29.087(j), Education Code, is amended to |
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read as follows: |
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(j) For purposes of funding under Chapters 41, 42, and 46, a |
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student attending a program authorized by this section may be |
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counted in attendance only for the actual number of hours each |
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school day the student attends the program, in accordance with |
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Section [Sections] 25.081 [and 25.082]. |
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SECTION 5. Subchapter E, Chapter 29, Education Code, is |
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amended by adding Section 29.162 to read as follows: |
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Sec. 29.162. DETERMINATION OF FULL-DAY AND HALF-DAY. The |
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commissioner may adopt rules for this subchapter establishing |
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full-day and half-day minutes of operation requirements as provided |
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by Section 25.081. |
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SECTION 6. Section 30A.104(a), Education Code, is amended |
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to read as follows: |
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(a) A course offered through the state virtual school |
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network must: |
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(1) be in a specific subject that is part of the |
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required curriculum under Section 28.002(a); |
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(2) be aligned with the essential knowledge and skills |
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identified under Section 28.002(c) for a grade level at or above |
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grade level three; and |
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(3) be the equivalent in instructional rigor and scope |
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to a course that is provided in a traditional classroom setting |
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during[:
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[(A)] a semester of 90 instructional days[; and
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[(B)
a school day that meets the minimum length
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of a school day required under Section 25.082]. |
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SECTION 7. Section 37.008(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district shall provide a disciplinary |
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alternative education program that: |
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(1) is provided in a setting other than a student's |
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regular classroom; |
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(2) is located on or off of a regular school campus; |
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(3) provides for the students who are assigned to the |
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disciplinary alternative education program to be separated from |
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students who are not assigned to the program; |
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(4) focuses on English language arts, mathematics, |
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science, history, and self-discipline; |
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(5) provides for students' educational and behavioral |
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needs; |
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(6) provides supervision and counseling; and |
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(7) employs only teachers who meet all certification |
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requirements established under Subchapter B, Chapter 21[; and
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[(8)
provides not less than the minimum amount of
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instructional time per day required by Section 25.082(a)]. |
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SECTION 8. Section 42.005, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (g-1) and (i) |
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through (n) to read as follows: |
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(a) In this chapter, average daily attendance is: |
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(1) the quotient of the sum of attendance for each day |
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of the minimum number of days of instruction as described under |
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Section 25.081(a) divided by the minimum number of days of |
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instruction; |
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(2) for a district that operates under a flexible year |
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program under Section 29.0821, the quotient of the sum of |
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attendance for each actual day of instruction as permitted by |
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Section 29.0821(b)(1) divided by the number of actual days of |
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instruction as permitted by Section 29.0821(b)(1); [or] |
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(3) for a district that operates under a flexible |
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school day program under Section 29.0822, the average daily |
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attendance as calculated by the commissioner in accordance with |
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Sections 29.0822(d) and (d-1); or |
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(4) for a district that operates a half-day program, |
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one-half of the average daily attendance calculated under |
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Subdivision (1). |
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(g-1) The commissioner shall adopt rules to calculate |
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average daily attendance for students participating in a blended |
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learning program in which classroom instruction is supplemented |
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with applied workforce learning opportunities, including |
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participation of students in internships, externships, and |
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apprenticeships. |
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(i) A district or a charter school operating under Chapter |
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12 that operates a prekindergarten program is eligible to receive |
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one-half of average daily attendance under Subsection (a) if the |
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district's or charter school's prekindergarten program provides at |
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least 32,400 minutes of instructional time to students. |
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(j) A district or charter school is eligible to earn full |
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average daily attendance under Subsection (a) if the district or |
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school provides at least 43,200 minutes of instructional time to |
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students enrolled in: |
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(1) a dropout recovery school or program operating |
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under Section 12.1141(c) or Section 39.0548; |
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(2) an alternative education program operating under |
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Section 37.008; |
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(3) a school program located at a day treatment |
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facility, residential treatment facility, psychiatric hospital, or |
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medical hospital; |
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(4) a school program offered at a correctional |
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facility; or |
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(5) a school operating under Section 29.259. |
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(k) A charter school operating under a charter granted under |
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Chapter 12 before January 1, 2015, is eligible to earn full average |
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daily attendance under Subsection (a), as that subsection existed |
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immediately before January 1, 2015, for: |
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(1) all campuses of the charter school operating |
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before January 1, 2015; and |
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(2) any campus or site expansion approved on or after |
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January 1, 2015, provided that the charter school received an |
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academic accountability performance rating of C or higher, and the |
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campus or site expansion is approved by the commissioner. |
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(l) A school district campus or charter school described by |
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Subsection (j) may operate more than one program and be eligible for |
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full average daily attendance for each program if the programs |
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operated by the district campus or charter school satisfy all |
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applicable state and federal requirements. |
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(m) The commissioner shall adopt rules necessary to |
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implement this section, including rules that: |
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(1) establish the minimum amount of instructional time |
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per day that allows a school district or charter school to be |
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eligible for full average daily attendance, which may differ based |
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on the instructional program offered by the district or charter |
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school; |
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(2) establish the requirements necessary for a school |
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district or charter school to be eligible for one-half of average |
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daily attendance, which may differ based on the instructional |
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program offered by the district or charter school; and |
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(3) proportionally reduce the average daily |
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attendance for a school district if any campus or instructional |
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program in the district provides fewer than the required minimum |
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minutes of instruction to students. |
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(n) To assist school districts in implementing this section |
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as amended by H.B. 2442, Acts of the 85th Legislature, Regular |
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Session, 2017, or similar legislation, the commissioner may waive a |
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requirement of this section or adopt rules to implement this |
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section. This subsection expires at the end of the 2018-2019 school |
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year. |
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SECTION 9. Section 25.082(a), Education Code, is repealed. |
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SECTION 10. (a) Except as provided by Subsection (b), this |
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Act applies beginning with the 2018-2019 school year. |
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(b) Section 42.005(n), Education Code, as added by this Act, |
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applies beginning on the effective date of this Act. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2442 was passed by the House on May 4, |
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2017, by the following vote: Yeas 142, Nays 1, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2442 on May 26, 2017, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2442 on May 28, 2017, by the following vote: Yeas 146, |
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Nays 0, 2 present, not voting, and that the House adopted H.C.R. No. |
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157 authorizing certain corrections in H.B. No. 2442 on May 28, |
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2017, by the following vote: Yeas 142, Nays 0, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2442 was passed by the Senate, with |
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amendments, on May 24, 2017, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2442 on May 28, 2017, by the following vote: Yeas 30, Nays 1, |
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and |
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that the Senate adopted H.C.R. No. 157 authorizing certain |
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corrections in H.B. No. 2442 on May 28, 2017, by the following vote: |
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Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |