TITLE: Relating to the receipt of an exemption or waiver for a school district or campus that is academically unacceptable.

SUMMARY: Relating to the receipt of an exemption or waiver for a school district or campus that is academically unacceptable.

FULL TEXT:
AN ACT relating to the receipt of an exemption or waiver for a school district or campus that is academically unacceptable. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 7.056(a), (e), and (f), Education Code, are amended to read as follows: (a) Except as provided by Subsection (e) or (f),a school campus or district may apply to the commissioner for a waiver of a requirement, restriction, or prohibition imposed by this code or rule of the board or commissioner. (e) A [Except as provided by Subsection (f), a] school campus or district may not receive an exemption or waiver under this section from: (1) a prohibition on conduct that constitutes a criminal offense; (2) a requirement imposed by federal law or rule, including a requirement for special education or bilingual education programs; or (3) a requirement, restriction, or prohibition relating to: (A) essential knowledge or skills under Section 28.002 or high school graduation requirements under Section 28.025; (B) public school accountability as provided by Subchapters B, C, D, E, and J, Chapter 39; (C) extracurricular activities under Section 33.081 or participation in a University Interscholastic League area, regional, or state competition under Section 33.0812; (D) health and safety under Chapter 38; (E) purchasing under Subchapter B, Chapter 44; (F) elementary school class size limits, except as provided by Section 25.112; (G) removal of a disruptive student from the classroom under Subchapter A, Chapter 37; (H) at-risk programs under Subchapter C, Chapter 29; (I) prekindergarten programs under Subchapter E, Chapter 29; (J) educator rights and benefits under Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter A, Chapter 22; (K) special education programs under Subchapter A, Chapter 29; (L) bilingual education programs under Subchapter B, Chapter 29; or (M) the requirements for the first day of instruction under Section 25.0811. (f) A school district or campus that is assigned an unacceptable performance rating as provided by Section 39.054 or that has performance below any standard provided by Section 39.054(e) [required to develop and implement a student achievement improvement plan under Section 39.102 or 39.103] may not receive an exemption or waiver under this section from any law or rule [other than: [(1) a prohibition on conduct that constitutes a criminal offense; [(2) a requirement imposed by federal law or rule; [(3) a requirement, restriction, or prohibition imposed by state law or rule relating to: [(A) public school accountability as provided by Subchapters B, C, D, E, and J, Chapter 39; or [(B) educator rights and benefits under Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter A, Chapter 22; or [(4) textbook selection under Chapter 31].SECTION 2. This Act applies beginning with the 2011-2012 school year. SECTION 3. 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.