88R5904 JES-F
 
  By: Rosenthal H.B. No. 1005
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the assignment of public school students enrolled in
  certain school districts to an uncertified teacher.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.056(e), Education Code, is amended to
  read as follows:
         (e)  Except as provided by Subsection (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, and J, Chapter 39, and Chapter 39A;
                     (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; or
                     (N)  assignment of a student to a teacher under
  Section 28.0215, except as provided by Subsection (c) of that
  section.
         SECTION 2.  Subchapter B, Chapter 28, Education Code, is
  amended by adding Section 28.0215 to read as follows:
         Sec. 28.0215.  REQUIREMENTS FOR ASSIGNMENT OF STUDENTS TO
  TEACHERS. (a) This section applies only to a school district with
  an enrollment of 5,000 or more students.
         (b)  A student in first through sixth grade who attends an
  elementary school may not be assigned for two consecutive school
  years to a teacher teaching a subject in the foundation curriculum
  under Section 28.002(a)(1) who has less than one year of teaching
  experience and who does not hold the appropriate certificate
  required under Section 21.003 unless:
               (1)  the student's parent or other person standing in
  parental relation to the student and a school counselor or school
  administrator agree otherwise regarding assignment of the student
  to the teacher; or 
               (2)  the assignment of the student to the teacher
  occurs during the first year a student transfers into a school
  district.
         (c)  The commissioner may grant a waiver from the
  requirements of this section to a school district if the
  commissioner finds that extreme circumstances in the district
  warrant the waiver. The commissioner may adopt rules as necessary
  to implement this section.
         SECTION 3.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 4.  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, 2023.