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A BILL TO BE ENTITLED
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AN ACT
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relating to a waiver for a school district from state requirements |
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that hinder the district's ability to effectively compete with |
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charter or private schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 7, Education Code, is |
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amended by adding Section 7.0562 to read as follows: |
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Sec. 7.0562. WAIVERS TO ENHANCE COMPETITIVENESS. (a) A |
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school district whose estimated enrollment for a school year has |
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decreased by at least three percent from the enrollment for the |
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preceding school year may apply to the commissioner for a waiver of |
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any state requirements that hinder the district's ability to |
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effectively compete with charter or private schools. |
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(b) Consideration of applying for a waiver under this |
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section may be initiated by: |
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(1) a resolution adopted by the board of trustees of |
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the school district; or |
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(2) a petition signed by a majority of the members of |
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the district-level planning and decision-making committee |
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established under Section 11.251. |
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(c) Promptly after adopting a resolution or receiving a |
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petition under Subsection (b), as applicable, the board of trustees |
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of the school district shall hold a public hearing to consider |
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whether the district should apply for a waiver under this section. |
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At the conclusion of the public hearing or as soon as practicable |
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after conclusion of the public hearing, the board of trustees may: |
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(1) decline to pursue the waiver; or |
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(2) appoint a committee to prepare and submit an |
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application for the waiver, including the plan required under |
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Subsection (d). |
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(d) An application for a waiver under this section must |
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include a plan to enhance the school district's competitiveness. |
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The plan must: |
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(1) provide for a comprehensive educational program |
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for the district, which may include innovative curriculum or other |
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methods designed to improve student enrollment in the district; and |
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(2) identify each state requirement that inhibits the |
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goals of the plan and from which the district should be exempted on |
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adoption of the plan. |
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(e) The commissioner may deny an application for a waiver |
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under this section only for good cause. If the commissioner does |
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not deny an application by the 30th day after the date on which the |
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application is received, the application is considered granted. |
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(f) A waiver under this section is effective for a period of |
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five years. At the conclusion of that period, the commissioner |
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shall review the waiver to determine whether the waiver has |
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improved the school district's competitiveness and, if so, may |
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renew the waiver for a period of five years. |
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(g) The commissioner may adopt rules as necessary to |
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implement this section, including rules establishing grounds for |
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denying an application for a waiver under this section. |
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SECTION 2. This Act applies beginning with the 2018-2019 |
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school year. |
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SECTION 3. 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, 2017. |