85R9479 KJE-D     By: King of Parker H.B. No. 2955       A BILL TO BE ENTITLED   AN ACT   relating to a waiver for a school district from state requirements   that hinder the district's ability to effectively compete with   charter or private schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 7, Education Code, is   amended by adding Section 7.0562 to read as follows:          Sec. 7.0562.  WAIVERS TO ENHANCE COMPETITIVENESS. (a) A   school district whose estimated enrollment for a school year has   decreased by at least three percent from the enrollment for the   preceding school year may apply to the commissioner for a waiver of   any state requirements that hinder the district's ability to   effectively compete with charter or private schools.          (b)  Consideration of applying for a waiver under this   section may be initiated by:                (1)  a resolution adopted by the board of trustees of   the school district; or                (2)  a petition signed by a majority of the members of   the district-level planning and decision-making committee   established under Section 11.251.          (c)  Promptly after adopting a resolution or receiving a   petition under Subsection (b), as applicable, the board of trustees   of the school district shall hold a public hearing to consider   whether the district should apply for a waiver under this section.   At the conclusion of the public hearing or as soon as practicable   after conclusion of the public hearing, the board of trustees may:                (1)  decline to pursue the waiver; or                (2)  appoint a committee to prepare and submit an   application for the waiver, including the plan required under   Subsection (d).          (d)  An application for a waiver under this section must   include a plan to enhance the school district's competitiveness.   The plan must:                (1)  provide for a comprehensive educational program   for the district, which may include innovative curriculum or other   methods designed to improve student enrollment in the district; and                (2)  identify each state requirement that inhibits the   goals of the plan and from which the district should be exempted on   adoption of the plan.          (e)  The commissioner may deny an application for a waiver   under this section only for good cause. If the commissioner does   not deny an application by the 30th day after the date on which the   application is received, the application is considered granted.          (f)  A waiver under this section is effective for a period of   five years. At the conclusion of that period, the commissioner   shall review the waiver to determine whether the waiver has   improved the school district's competitiveness and, if so, may   renew the waiver for a period of five years.          (g)  The commissioner may adopt rules as necessary to   implement this section, including rules establishing grounds for   denying an application for a waiver under this section.          SECTION 2.  This Act applies beginning with the 2018-2019   school year.          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, 2017.