83R3869 KKA-D
  By: King of Taylor H.B. No. 864
  relating to school district waivers from state curriculum
  requirements for high school graduation.
         SECTION 1.  Section 7.056, Education Code, is amended by
  amending Subsections (d) and (e) and adding Subsections (e-1),
  (e-2), (e-3), and (e-4) to read as follows:
         (d)  A waiver granted under this section is effective for the
  period stated in the application, which may not exceed three years,
  except as permitted under Subsection (e-1). A school campus or
  district for which a requirement, restriction, or prohibition is
  waived under this section for a period of three or more years may
  receive an exemption from that requirement, restriction, or
  prohibition at the end of that period if the campus or district has
  fulfilled the achievement objectives stated in the application.
  The exemption remains in effect until the commissioner determines
  that achievement levels of the campus or district have declined.
         (e)  Except as provided by Subsection (e-1), (e-2), or (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
                     (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.
         (e-1)  A school campus or district may obtain a waiver under
  this section from the curriculum requirements for the recommended
  and advanced high school programs imposed under Section
  28.025(b-1). The written application submitted by the campus or
  district under Subsection (b) must:
               (1)  include a detailed description of the alternative
  curriculum requirements that the campus or district proposes to
  require for the recommended and advanced high school programs;
               (2)  demonstrate that the alternative curriculum
  requirements described in Subdivision (1) are at least as rigorous
  as the curriculum requirements for the recommended and advanced
  high school programs;
               (3)  state the period for which the waiver is sought,
  which may not exceed eight years; and
               (4)  identify any waivers or modifications to the
  public school accountability provisions in Chapter 39, including
  the secondary-level performance requirements prescribed by Section
  39.025, considered to be necessary as a result of the alternative
         (e-2)  Notwithstanding any other provision of this section,
  the commissioner may waive or modify any requirement imposed by
  this code or a rule of the board or commissioner to the extent
  necessary to give effect to a waiver requested under Subsection
         (e-3)  The commissioner shall revoke a waiver granted under
  Subsection (e-1) and any associated waivers or modifications
  granted under Subsection (e-2) if the commissioner determines that
  the alternative curriculum requirements as implemented are not at
  least as rigorous as the curriculum requirements imposed under
  Section 28.025(b-1) for the recommended and advanced high school
         (e-4)  A student who completes alternative curriculum
  requirements in compliance with a granted waiver under Subsection
  (e-1) is considered for purposes of Section 51.803(a)(2)(A) or a
  related provision to have successfully completed the curriculum
  requirements established under Section 28.025(b-1) for the
  recommended or advanced high school program.
         SECTION 2.  Section 39.333, Education Code, is amended to
  read as follows:
  agency shall prepare and deliver to the governor, the lieutenant
  governor, the speaker of the house of representatives, each member
  of the legislature, the Legislative Budget Board, and the clerks of
  the standing committees of the senate and house of representatives
  with primary jurisdiction over the public school system a regional
  and district level report covering the preceding two school years
  and containing:
               (1)  a summary of school district compliance with the
  student/teacher ratios and class-size limitations prescribed by
  Sections 25.111 and 25.112, including:
                     (A)  the number of campuses and classes at each
  campus granted an exception from Section 25.112; and
                     (B)  for each campus granted an exception from
  Section 25.112, a statement of whether the campus has been awarded a
  distinction designation under Subchapter G or has been identified
  as an unacceptable campus under Subchapter E;
               (2)  a summary and evaluation of the exemptions and
  waivers granted to campuses and school districts under Section
  7.056 or 39.232, including:
                     (A)  [and] a review of the effectiveness of each
  campus or district following deregulation;
                     (B)  a list of campuses and school districts
  granted a waiver under Section 7.056(e-1) from the curriculum
  requirements for the recommended and advanced high school programs
  imposed under Section 28.025(b-1); and
                     (C)  a statement certifying that the alternative
  curriculum requirements imposed by each campus and school district
  listed under Paragraph (B) are at least as rigorous as the
  curriculum requirements for the recommended and advanced high
  school programs;
               (3)  an evaluation of the performance of the system of
  regional education service centers based on the indicators adopted
  under Section 8.101 and client satisfaction with services provided
  under Subchapter B, Chapter 8;
               (4)  an evaluation of accelerated instruction programs
  offered under Section 28.006, including an assessment of the
  quality of such programs and the performance of students enrolled
  in such programs; and
               (5)  the number of classes at each campus that are
  currently being taught by individuals who are not certified in the
  content areas of their respective classes.
         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.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.