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 - Dead) 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 |
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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; [ |
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(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; | ||
[ |
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(R) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(S) [ |
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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; [ |
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(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; [ |
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(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 [ |
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required under Section 25.081; | ||
(C) the campus or each of the multiple campuses | ||
is [ |
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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. |