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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of certain laws governing public |
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school discipline and law and order to open-enrollment charter |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.104(b), Education Code, as amended by |
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Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. |
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2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular |
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Session, 2021, is reenacted and amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) the provisions in Chapter 554, Government Code; |
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and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29, except class size limits for prekindergarten |
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classes imposed under Section 25.112, which do not apply; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) [discipline management practices or behavior |
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management techniques under Section 37.0021; |
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[(K)] health and safety under Chapter 38; |
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(K) [(L)] the provisions of Subchapter A, |
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Chapter 39; |
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(L) [(M)] public school accountability and |
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special investigations under Subchapters A, B, C, D, F, G, and J, |
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Chapter 39, and Chapter 39A; |
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(M) [(N)] the requirement under Section 21.006 |
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to report an educator's misconduct; |
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(N) [(O)] intensive programs of instruction |
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under Section 28.0213; |
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[(P) the right of a school employee to report a |
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crime, as provided by Section 37.148; |
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[(Q) bullying prevention policies and procedures |
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under Section 37.0832; |
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[(R) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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[(S) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment;] |
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(O) [(T)] a parent's right to information |
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regarding the provision of assistance for learning difficulties to |
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the parent's child as provided by Sections 26.004(b)(11) and |
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26.0081(c) and (d); |
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(P) [(U)] establishment of residency under |
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Section 25.001; |
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[(V) school safety requirements under Sections |
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37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, |
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37.207, and 37.2071;] |
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(Q) [(W)] the early childhood literacy and |
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mathematics proficiency plans under Section 11.185; |
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(R) [(X)] the college, career, and military |
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readiness plans under Section 11.186; [and] |
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(S) [(X)] parental options to retain a student |
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under Section 28.02124; and |
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(T) discipline and law and order under Chapter |
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37. |
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SECTION 2. To the extent of any conflict, this Act prevails |
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 3. 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. |