Exemplary school campuses or districts are generally exempt from code requirements and prohibitions, with specific carve-outs. The agency must monitor deregulation, and the commissioner may grant a class-size exemption if the campus submits a written plan.
Sec. 39.232. EXCELLENCE EXEMPTIONS. (a) Except as provided by Subsection (b), a school campus or district that is rated exemplary under Subchapter G is exempt from requirements and prohibitions imposed under this code including rules adopted under this code. (b) A school campus or district is not exempt under this section from: (1) a prohibition on conduct that constitutes a criminal offense; (2) requirements imposed by federal law or rule, including requirements for special education or bilingual education programs; or (3) a requirement, restriction, or prohibition relating to: (A) curriculum essential knowledge and 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, and J and Chapter 39A; (C) extracurricular activities under Section 33.081; (D) health and safety under Chapter 38; (E) purchasing under Subchapter B, Chapter 44; (F) elementary school class size limits, except as provided by Subsection (d) or 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) rights and benefits of school employees; (K) special education programs under Subchapter A, Chapter 29; or (L) bilingual education programs under Subchapter B, Chapter 29. (c) The agency shall monitor and evaluate deregulation of a school campus or district under this section and Section 7.056. (d) The commissioner may exempt an exemplary school campus under Subchapter G from elementary class size limits under this section if the school campus submits to the commissioner a written plan showing steps that will be taken to ensure that the exemption from the class size limits will not be harmful to the academic achievement of the students on the school campus. The commissioner shall review achievement levels annually. The exemption remains in effect until the commissioner determines that achievement levels of the campus have declined. Amended by: Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(25), eff. September 1, 2017.