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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting learning pods from certain local government |
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regulations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Learning Pod |
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Protection Act. |
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SECTION 2. Subtitle E, Title 2, Education Code, is amended |
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by adding Chapter 27 to read as follows: |
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CHAPTER 27. LEARNING PODS |
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Sec. 27.001. DEFINITIONS. In this chapter: |
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(1) "Child-care facility" has the meaning assigned by |
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Section 42.002, Human Resources Code. |
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(2) "Learning pod" means a group of children who, |
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based on the voluntary association of the children's parents, meet |
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together at various times and places to participate in or enhance |
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the children's primary or secondary academic studies, including |
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participation in an activity or service provided to the children in |
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exchange for payment. |
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Sec. 27.002. EXEMPTION FROM LOCAL GOVERNMENT REGULATIONS. |
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(a) Notwithstanding other law: |
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(1) a learning pod is exempt from any ordinance, rule, |
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regulation, policy, or guideline adopted by a local governmental |
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entity that applies to a school district campus or child-care |
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facility, including any requirements regarding staff-to-child |
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ratios, staff certification, background checks, physical |
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accommodations, or building or fire codes; and |
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(2) any group, building, or facility associated with |
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or used by a learning pod is exempt from any ordinance, rule, |
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regulation, policy, or guideline adopted by a local governmental |
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entity that would not apply to the group, building, or facility if |
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it was not associated with or used by a learning pod. |
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(b) An employee, contractor, or agent of a school district |
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or other local governmental entity may not initiate or conduct a |
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site inspection of, investigation of, or visit to a location in |
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which a learning pod meets if the district or entity would not have |
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initiated or conducted the inspection, investigation, or visit if |
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the learning pod did not meet at that location. |
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(c) A school district may not take action against, deny any |
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benefit to, discriminate in any manner against, or otherwise |
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distinguish any child or child's parent on the basis of the child's |
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participation in a learning pod. |
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(d) A school district or other local governmental entity may |
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not require: |
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(1) a learning pod to be registered with the district |
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or entity; or |
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(2) a person participating in a learning pod to report |
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to the district or entity information regarding the learning pod's |
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existence or operation. |
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(e) This section may not be construed to alter or affect: |
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(1) a parent's right to choose a home-school setting |
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for the parent's child; or |
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(2) the regulation of a child-care facility. |
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SECTION 3. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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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, 2021. |