Tex.
Educ. Code Section 7.056
Waivers and Exemptions
(a)
Except as provided by Subsection (e), 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.(b)
A school campus or district seeking a waiver must submit a written application to the commissioner not later than the 31st day before the campus or district intends to take action requiring a waiver. The application must include:(1)
a written plan approved by the board of trustees of the district that states the achievement objectives of the campus or district and the inhibition imposed on those objectives by the requirement, restriction, or prohibition; and(2)
written comments from the campus- or district-level committee established under Section 11.251 (Planning and Decision-making Process).(c)
If the commissioner objects to an application for a waiver, the commissioner must notify the school campus or district in writing that the application is denied not later than the 30th day after the date on which the application is received. If the commissioner does not notify the school campus or district of an objection within that time, the application is considered granted.(d)
A waiver granted under this section is effective for the period stated in the application, which may not exceed three years. A school campus or district for which a requirement, restriction, or prohibition is waived under this section for a period of three 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 (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 (Required Curriculum) or high school graduation requirements under Section 28.025 (High School Diploma and Certificate; Academic Achievement Record);(B)
public school accountability as provided by Subchapters B, C, D, and J, Chapter 39 (Public School System Accountability), and Chapter 39A (Accountability Interventions and Sanctions);(C)
extracurricular activities under Section 33.081 (Extracurricular Activities) or participation in a University Interscholastic League area, regional, or state competition under Section 33.0812 (Scheduling Extracurricular Activities Prohibited in Certain Circumstances);(D)
health and safety under Chapter 38 (Health and Safety);(E)
purchasing under Subchapter B (Purchasing Contracts), Chapter 44 (Fiscal Management);(F)
elementary school class size limits, except as provided by Section 25.112 (Class Size);(G)
removal of a disruptive student from the classroom under Subchapter A (Student Code of Conduct), Chapter 37 (Discipline; Law and Order);(H)
at-risk programs under Subchapter C (Compensatory, Intensive, and Accelerated Instruction), Chapter 29 (Educational Programs);(I)
prekindergarten programs under Subchapter E (Free Kindergarten), Chapter 29 (Educational Programs);(J)
educator rights and benefits under Subchapters A, C, D, E, F, G, and I, Chapter 21 (Educators), or under Subchapter A (Salary Deductions for Professional Dues), Chapter 22 (School District Employees and Volunteers);(K)
special education programs under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs);(L)
bilingual education programs under Subchapter B (State Policy), Chapter 29 (Educational Programs); or(M)
the requirements for the first day of instruction under Section 25.0811 (First Day of Instruction).(f)
A school district or campus that is required to develop and implement a student achievement improvement plan under Subchapter A (Grounds for Commissioner Action), Chapter 39A (Accountability Interventions and Sanctions), or Section 39A.051 (Actions Based on Campus Performance) may 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, and J, Chapter 39 (Public School System Accountability), and Chapter 39A (Accountability Interventions and Sanctions); or(B)
educator rights and benefits under Subchapters A, C, D, E, F, G, and I, Chapter 21 (Educators), or under Subchapter A (Salary Deductions for Professional Dues), Chapter 22 (School District Employees and Volunteers); or(4)
selection of instructional materials under Chapter 31 (Instructional Materials and Technology).(g)
In a manner consistent with waiver authority granted to the commissioner by the United States Department of Education, the commissioner may grant a waiver of a state law or rule required by federal law, including Subchapter A, B, or C, Chapter 29 (Educational Programs). Before exercising any waiver authority under this subsection, the commissioner shall notify the Legislative Budget Board and the office of budget and planning in the governor’s office.
Source:
Section 7.056 — Waivers and Exemptions, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.7.htm#7.056 (accessed Apr. 20, 2024).
