By: Krause H.B. No. 3846       A BILL TO BE ENTITLED   AN ACT   relating to the scheduling of the first day of school for students   by school districts and open-enrollment charter schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12A.003(b), Education Code, is amended   to read as follows:          (b)  A local innovation plan must:                (1)  provide for a comprehensive educational program   for the district, which program may include:                      (A)  innovative curriculum, instructional   methods, and provisions regarding community participation, campus   governance, and parental involvement;                      (B)  except as provided by Section 12A.004(a),   modifications to the school day or year;                      (C)  provisions regarding the district budget and   sustainable program funding;                      (D)  accountability and assessment measures that   exceed the requirements of state and federal law; and                      (E)  any other innovations prescribed by the board   of trustees; and                (2)  identify requirements imposed by this code that   inhibit the goals of the plan and from which the district should be   exempted on adoption of the plan, subject to Section 12A.004,   except for modifications of the first and last day of instruction   under Sections 25.0811 and 25.0812.          SECTION 2.  Section 12A.004(a), Education Code, is amended   to read as follows:          (a)  A local innovation plan may not provide for the   exemption of a district designated as a district of innovation from   the following provisions of this title:                (1)  a state or federal requirement applicable to an   open-enrollment charter school operating under Subchapter D,   Chapter 12;                (2)  Subchapters A, C, D, and E, Chapter 11, except that   a district may be exempt from Sections 11.1511(b)(5) and (14) and   Section 11.162;                (3)  state curriculum and graduation requirements   adopted under Chapter 28; [and]                (4)  academic and financial accountability and   sanctions under Chapters 39 and 39A; and                (5)  the first or last day of instruction requirements   under Sections 25.0811 and 25.0812 when a school chooses to reapply   to adopt a district of innovation plan.          SECTION 3.  Section 25.0811(a), Education Code, is amended   to read as follows:          (a)  Except as provided by this section, a school district   may not begin instruction for students for a school year before the   fourth Monday in August. A school district may:                (1)  begin instruction for students for a school year   before the fourth Monday in August if the district operates a   year-round system under Section 25.084; or                (2)  begin instruction for students for a school year   on or after the first Monday in August at a campus or at not more   than 20 percent of the campuses in the district if:                      (A)  the district has a student enrollment of   190,000 or more;                      (B)  the district at the beginning of the school   year provides, financed with local funds, days of instruction for   students at the campus or at each of the multiple campuses, in   addition to the minimum [number of days of] instruction time   required under Section 25.081;                      (C)  the campus or each of the multiple campuses   is [are] undergoing comprehensive reform, as determined by the   board of trustees of the district; and                      (D)  a majority of the students at the campus or at   each of the multiple campuses are educationally disadvantaged.          SECTION 4.  Section 25.0812, Education Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Except as provided by Subsection (a-1) or (b), a school   district may not schedule the last day of school for students for a   school year before May 15 or after the Friday preceding Memorial   Day.          (a-1)  A school district may schedule the last day of school   for students for a school year after the Friday preceding Memorial   Day if the district operates a year-round system under Section   25.084.          SECTION 5.  Section 25.084(a), Education Code, is amended to   read as follows:          (a)  A school district may operate its schools year-round on   either a single-track or a multitrack calendar. If a school   district adopts a year-round system, the district may modify:                (1)  the number of contract days of employees and the   number of days of operation, including any time required for staff   development, planning and preparation, and continuing education,   otherwise required by law;                (2)  testing dates, data reporting, and related   matters;                (3)  the date of the first day of instruction of the   school year under Section 25.0811 and the date of the last day of   school for a school year under Section 25.0812 for a school that was   operating year-round for the 2020-2021 [2000-2001] school year; and                (4)  a student's eligibility to participate in   extracurricular activities when the student's calendar track is not   in session.          SECTION 6.  To the extent of any conflict, this Act prevails   over another Act of the 87th Legislature, Regular Session, 2021,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 7.  This Act applies beginning with the 2022-2023   school year.          SECTION 8.  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, 2021.