Bill Text: TX HB233 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the scheduling of the first day of school for students by school districts and open-enrollment charter schools.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-05-06 - Statement(s) of vote recorded in Journal [HB233 Detail]

Download: Texas-2019-HB233-Comm_Sub.html
  86R26417 SRS-D
 
  By: Krause, Minjarez, et al. H.B. No. 233
 
  Substitute the following for H.B. No. 233:
 
  By:  Bernal C.S.H.B. No. 233
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the scheduling of the first day of school for students
  by school districts and open-enrollment charter schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.104(b), Education Code, as amended by
  Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
  of the 85th Legislature, Regular Session, 2017, is reenacted and
  amended to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
  offense; and
               (2)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  accelerated instruction under Section
  28.0211;
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29;
                     (I)  extracurricular activities under Section
  33.081;
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  public school accountability under
  Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
                     (M)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (N)  intensive programs of instruction under
  Section 28.0213;
                     (O)  the right of a school employee to report a
  crime, as provided by Section 37.148; [and]
                     (P)  bullying prevention policies and procedures
  under Section 37.0832;
                     (Q)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
  [and]
                     (R)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
  harassment;
                     (S) [(P)]  a parent's right to information
  regarding the provision of assistance for learning difficulties to
  the parent's child as provided by Sections 26.004(b)(11) and
  26.0081(c) and (d); and
                     (T)  the first day of instruction requirement
  under Section 25.0811(a)(3) applicable to a school district
  designated as a district of innovation under Chapter 12A.
         SECTION 2.  Section 12A.003(b), Education Code, is amended
  to read as follows:
         (b)  A local innovation plan must:
               (1)  provide for a comprehensive educational program
  for the district, which program may include:
                     (A)  innovative curriculum, instructional
  methods, and provisions regarding community participation, campus
  governance, and parental involvement;
                     (B)  except as provided by Section 12A.004(a), 
  modifications to the school day or year;
                     (C)  provisions regarding the district budget and
  sustainable program funding;
                     (D)  accountability and assessment measures that
  exceed the requirements of state and federal law; and
                     (E)  any other innovations prescribed by the board
  of trustees; and
               (2)  identify requirements imposed by this code that
  inhibit the goals of the plan and from which the district should be
  exempted on adoption of the plan, subject to Section 12A.004.
         SECTION 3.  Section 12A.004(a), Education Code, is amended
  to read as follows:
         (a)  A local innovation plan may not provide for the
  exemption of a district designated as a district of innovation from
  the following provisions of this title:
               (1)  a state or federal requirement applicable to an
  open-enrollment charter school operating under Subchapter D,
  Chapter 12;
               (2)  Subchapters A, C, D, and E, Chapter 11, except that
  a district may be exempt from Sections 11.1511(b)(5) and (14) and
  Section 11.162;
               (3)  state curriculum and graduation requirements
  adopted under Chapter 28; [and]
               (4)  academic and financial accountability and
  sanctions under Chapters 39 and 39A; and
               (5)  the first day of instruction requirement under
  Section 25.0811(a)(3).
         SECTION 4.  Section 25.0811(a), Education Code, is amended
  to read as follows:
         (a)  Except as provided by this section, a school district
  may not begin instruction for students for a school year before the
  fourth Monday in August. A school district may:
               (1)  begin instruction for students for a school year
  before the fourth Monday in August if the district operates a
  year-round system under Section 25.084; [or]
               (2)  begin instruction for students for a school year
  on or after the first Monday in August at a campus or at not more
  than 20 percent of the campuses in the district if:
                     (A)  the district has a student enrollment of
  190,000 or more;
                     (B)  the district at the beginning of the school
  year provides, financed with local funds, days of instruction for
  students at the campus or at each of the multiple campuses, in
  addition to the minimum [number of days of] instruction time 
  required under Section 25.081;
                     (C)  the campus or each of the multiple campuses
  is [are] undergoing comprehensive reform, as determined by the
  board of trustees of the district; and
                     (D)  a majority of the students at the campus or at
  each of the multiple campuses are educationally disadvantaged; or
               (3)  begin instruction for students for a school year
  on or after the third Monday in August if the district is designated
  as a district of innovation under Chapter 12A.
         SECTION 5.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 6.  This Act applies beginning with the 2020-2021
  school year.
         SECTION 7.  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, 2019.
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