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A BILL TO BE ENTITLED
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AN ACT
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relating to the scheduling of the first day of school for students |
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by school districts and open-enrollment charter 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 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts |
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of the 85th Legislature, Regular Session, 2017, is reenacted and |
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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; and |
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(2) 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; |
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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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(L) public school accountability under |
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Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148; [and] |
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(P) bullying prevention policies and procedures |
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under Section 37.0832; |
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(Q) 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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[and] |
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(R) 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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(S) [(P)] 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); and |
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(T) the first day of instruction requirement |
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under Section 25.0811(a)(3) applicable to a school district |
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designated as a district of innovation under Chapter 12A. |
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SECTION 2. Section 12A.003(b), Education Code, is amended |
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to read as follows: |
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(b) A local innovation plan must: |
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(1) provide for a comprehensive educational program |
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for the district, which program may include: |
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(A) innovative curriculum, instructional |
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methods, and provisions regarding community participation, campus |
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governance, and parental involvement; |
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(B) except as provided by Section 12A.004(a), |
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modifications to the school day or year; |
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(C) provisions regarding the district budget and |
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sustainable program funding; |
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(D) accountability and assessment measures that |
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exceed the requirements of state and federal law; and |
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(E) any other innovations prescribed by the board |
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of trustees; and |
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(2) identify requirements imposed by this code that |
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inhibit the goals of the plan and from which the district should be |
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exempted on adoption of the plan, subject to Section 12A.004. |
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SECTION 3. Section 12A.004(a), Education Code, is amended |
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to read as follows: |
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(a) A local innovation plan may not provide for the |
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exemption of a district designated as a district of innovation from |
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the following provisions of this title: |
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(1) a state or federal requirement applicable to an |
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open-enrollment charter school operating under Subchapter D, |
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Chapter 12; |
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(2) Subchapters A, C, D, and E, Chapter 11, except that |
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a district may be exempt from Sections 11.1511(b)(5) and (14) and |
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Section 11.162; |
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(3) state curriculum and graduation requirements |
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adopted under Chapter 28; [and] |
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(4) academic and financial accountability and |
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sanctions under Chapters 39 and 39A; and |
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(5) the first day of instruction requirement under |
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Section 25.0811(a)(3). |
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SECTION 4. Section 25.0811(a), Education Code, is amended |
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to read as follows: |
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(a) Except as provided by this section, a school district |
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may not begin instruction for students for a school year before the |
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fourth Monday in August. A school district may: |
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(1) begin instruction for students for a school year |
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before the fourth Monday in August if the district operates a |
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year-round system under Section 25.084; [or] |
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(2) begin instruction for students for a school year |
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on or after the first Monday in August at a campus or at not more |
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than 20 percent of the campuses in the district if: |
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(A) the district has a student enrollment of |
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190,000 or more; |
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(B) the district at the beginning of the school |
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year provides, financed with local funds, days of instruction for |
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students at the campus or at each of the multiple campuses, in |
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addition to the minimum [number of days of] instruction time |
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required under Section 25.081; |
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(C) the campus or each of the multiple campuses |
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is [are] undergoing comprehensive reform, as determined by the |
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board of trustees of the district; and |
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(D) a majority of the students at the campus or at |
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each of the multiple campuses are educationally disadvantaged; or |
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(3) begin instruction for students for a school year |
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on or after the third Monday in August if the district is designated |
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as a district of innovation under Chapter 12A. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act applies beginning with the 2020-2021 |
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school year. |
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SECTION 7. 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, 2019. |