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A BILL TO BE ENTITLED
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AN ACT
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relating to the assignment of public school students enrolled in |
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certain school districts to an uncertified teacher. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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, and J, Chapter 39, and Chapter 39A; |
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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; or |
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(N) assignment of a student to a teacher under |
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Section 28.0215, except as provided by Subsection (c) of that |
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section. |
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SECTION 2. Subchapter B, Chapter 28, Education Code, is |
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amended by adding Section 28.0215 to read as follows: |
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Sec. 28.0215. REQUIREMENTS FOR ASSIGNMENT OF STUDENTS TO |
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TEACHERS. (a) This section applies only to a school district with |
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an enrollment of 5,000 or more students. |
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(b) A student in first through sixth grade who attends an |
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elementary school may not be assigned for two consecutive school |
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years to a teacher teaching a subject in the foundation curriculum |
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under Section 28.002(a)(1) who has less than one year of teaching |
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experience and who does not hold the appropriate certificate |
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required under Section 21.003 unless: |
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(1) the student's parent or other person standing in |
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parental relation to the student and a school counselor or school |
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administrator agree otherwise regarding assignment of the student |
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to the teacher; or |
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(2) the assignment of the student to the teacher |
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occurs during the first year a student transfers into a school |
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district. |
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(c) The commissioner may grant a waiver from the |
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requirements of this section to a school district if the |
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commissioner finds that extreme circumstances in the district |
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warrant the waiver. The commissioner may adopt rules as necessary |
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to implement this section. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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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, 2023. |