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A BILL TO BE ENTITLED
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AN ACT
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relating to the minimum number of instructional days provided by |
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public schools. |
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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 read |
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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 25.0815, |
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Section 25.084, or Section 29.0821, for each school year each |
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school district must operate: |
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(1) for a minimum of 175 instructional days; and |
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(2) for at least 75,600 minutes of operation, |
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including time allocated for instruction, intermissions, and |
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recesses for students. |
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(b) The commissioner may approve the operation of schools |
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for fewer than the number of instructional days or minutes of |
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operation required under Subsection (a) if disaster, flood, extreme |
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weather conditions, fuel curtailment, or another calamity causes |
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the closing of schools. |
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(c) If the commissioner does not approve reduced |
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instructional days or minutes of operation [time] under Subsection |
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(b), a school district may add additional instructional days to the |
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school year or minutes of operation to the end of the district's |
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normal school hours as necessary to compensate for instructional |
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days or minutes of operation lost due to school closures caused by |
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disaster, flood, extreme weather conditions, fuel curtailment, or |
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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 required by Subsection (a), of any provision |
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of this title that refers to a minimum number of days of instruction |
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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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(2) [(3)] defining minutes of operation and |
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instructional time; and |
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(3) [(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 required instructional days or minutes of operation |
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[requirement] if the district's or program's average daily |
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attendance is calculated under Section 48.005(j). |
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(f) The commissioner may proportionally reduce the amount |
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of funding a district receives under Chapter 46, 48, or 49 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 instructional |
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days or minutes of operation than required under Subsection (a). |
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(g) A school district may not provide student instruction on |
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Memorial Day. If a school district would be required to provide |
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student instruction on Memorial Day to compensate for instructional |
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days or minutes of operation [instruction] lost because of school |
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closures caused by disaster, flood, extreme weather conditions, |
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fuel curtailment, or another calamity, the commissioner shall |
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approve the instruction of students for fewer than the number of |
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instructional days or minutes of operation required under |
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Subsection (a). |
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SECTION 2. Sections 25.0815(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) The commissioner shall provide a waiver allowing for |
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fewer instructional days and fewer minutes of operation [and |
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instructional time] than required under Section 25.081(a) for a |
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school district that requires each educator employed by the |
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district to attend an approved school safety training course. |
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(b) A waiver under this section: |
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(1) must allow sufficient time for the school |
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district's educators to attend the school safety training course; |
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and |
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(2) may not: |
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(A) result in an inadequate number of minutes of |
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instructional time for students; or |
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(B) reduce: |
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(i) the number of instructional days by |
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more than one day; or |
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(ii) the number of minutes of operation |
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[and instructional time] by more than 420 minutes. |
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SECTION 3. Section 29.026(e), Education Code, is amended to |
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read as follows: |
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(e) A program under this section may: |
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(1) alter the length of the school day or school year |
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or the number of instructional days or the minutes of operation |
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allocated to instruction for [received by] students; |
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(2) coordinate services with private or |
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community-based providers; |
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(3) allow the enrollment of students without |
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disabilities or with other disabilities, if approved by the |
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commissioner; and |
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(4) adopt staff qualifications and staff to student |
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ratios that differ from the applicable requirements of this title. |
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SECTION 4. Section 29.0822(c), Education Code, is amended to |
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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) or enrolled in a course described by |
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Subsection (b)(4), a course offered in a program under this section |
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must provide for at least the same number of instructional hours as |
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required for a course offered in a program that meets the required |
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minimum number of instructional days [minutes of operation] under |
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Section 25.081. |
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SECTION 5. Section 29.162(a), Education Code, is amended to |
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read as follows: |
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(a) The commissioner may adopt rules for this subchapter, |
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including rules establishing full-day and half-day instructional |
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days and minutes of operation requirements as provided by Section |
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25.081. |
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SECTION 6. Section 37.011(f), Education Code, is amended to |
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read as follows: |
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(f) A juvenile justice alternative education program must |
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operate at least seven hours per day and 175 [180] days per year, |
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except that a program may apply to the Texas Juvenile Justice |
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Department for a waiver of the 175-day [180-day] requirement. The |
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department may not grant a waiver to a program under this subsection |
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for a number of days that exceeds the highest number of |
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instructional days waived by the commissioner during the same |
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school year for a school district served by the program. |
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SECTION 7. Sections 48.005(i), (j), and (m), Education |
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Code, are amended to read as follows: |
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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 over the |
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minimum required number of instructional days. |
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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 |
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during a school year to 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 Subchapter G, Chapter 12. |
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(m) The commissioner shall adopt rules necessary to implement |
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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; |
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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 to students fewer than the |
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required minimum number of instructional days or minutes of |
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operation [instruction to students]; and |
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(4) allow a grade or course repeated under Section |
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28.02124 to qualify for average daily attendance even if the |
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student previously passed or earned credit for the grade or course, |
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if the grade or course would otherwise be eligible. |
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SECTION 8. Section 48.0051(a), Education Code, is amended |
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to read as follows: |
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(a) Subject to Subsection (a-1), the commissioner shall |
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adjust the average daily attendance of a school district or |
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open-enrollment charter school under Section 48.005 in the manner |
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provided by Subsection (b) if the district or school: |
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(1) provides the minimum number of minutes of |
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operational and instructional time required under Section 25.081 |
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and commissioner rules adopted under that section over the minimum |
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required number of instructional days or minutes of operation [at |
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least 180 days of instruction]; and |
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(2) offers an additional 30 days of half-day |
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instruction for students enrolled in prekindergarten through fifth |
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grade. |
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SECTION 9. This Act applies beginning with the 2024-2025 |
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school year. |
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SECTION 10. This Act takes effect September 1, 2023. |
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* * * * * |