Tex. Educ. Code Section 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 (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 and Chapter 39A (Accountability Interventions and Sanctions);

(C)

extracurricular activities under Section 33.081 (Extracurricular Activities);

(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 Subsection (d) or 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)

rights and benefits of school employees;

(K)

special education programs under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs); or

(L)

bilingual education programs under Subchapter B (State Policy), Chapter 29 (Educational Programs).

(c)

The agency shall monitor and evaluate deregulation of a school campus or district under this section and Section 7.056 (Waivers and Exemptions).

(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.

Source: Section 39.232 — Excellence Exemptions, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­39.­htm#39.­232 (accessed Jun. 5, 2024).

39.001
Rules
39.002
Advisory Committee
39.003
Special Investigations
39.004
Conduct of Special Investigations
39.005
Hearing Following Investigation
39.006
Commissioner Determination
39.007
Judicial Appeal
39.021
Essential Skills and Knowledge
39.022
Assessment Program
39.023
Adoption and Administration of Instruments
39.024
Measure of College Readiness
39.025
Secondary-level Performance Required
39.026
Local Option
39.027
Exemption
39.028
Comparison of State Results to National Results
39.029
Migratory Children
39.030
Confidentiality
39.031
Cost
39.032
Assessment Instrument Standards
39.033
Voluntary Assessment of Private School Students
39.034
Measure of Annual Improvement in Student Achievement
39.035
Limitation on Field Testing of Assessment Instruments
39.036
Vertical Scale for Certain Assessment Instruments
39.037
International Assessment Instrument Program
39.038
Restriction on Appointments to Advisory Committees
39.039
Prohibition on Political Contribution or Activity by Certain Contractors
39.051
Accreditation Status
39.052
Determination of Accreditation Status or Performance Rating
39.053
Performance Indicators: Achievement
39.054
Methods and Standards for Evaluating Performance
39.055
Student Ordered by a Juvenile Court or Student in Residential Facility Not Considered for Accountability Purposes
39.056
Monitoring Reviews
39.059
Data Transparency
39.081
Definitions
39.082
Development and Implementation
39.083
Reporting
39.085
Rules
39.086
Software Standards
39.102
Interventions and Sanctions for Districts
39.151
Review by Commissioner: Accountability Determination
39.201
Distinction Designations
39.202
Academic Distinction Designation for Districts and Campuses
39.203
Campus Distinction Designations
39.204
Campus Distinction Designation Criteria
39.232
Excellence Exemptions
39.0232
Use of End-of-course Assessment Instrument as Placement Instrument
39.0233
Special-purpose Questions Included in End-of-course Assessment Instruments
39.0234
Electronic Administration of Assessment Instruments
39.0235
Technology Literacy Assessment Pilot Program
39.235
Innovation Grant Initiative for Middle, Junior High, and High School Campuses
39.0236
Integrated Formative Assessment Pilot Program
39.236
Gifted and Talented Standards
39.0237
Consideration of Prekindergarten Assessment Instruments Prohibited
39.0238
Consideration of Religious Holy Days in Scheduling Assessment Instruments
39.0241
Performance Standards
39.261
Creation of System
39.0261
College Preparation Assessments
39.0262
Administration of District-required Assessment Instruments in Certain Subject Areas
39.262
Types of Awards
39.263
Awards
39.0263
Administration of District-required Benchmark Assessment Instruments to Prepare Students for State-administered Assessment Instruments
39.264
Use of Awards
39.265
Funding
39.266
Confidentiality
39.301
Additional Performance Indicators: Reporting
39.0301
Security in Administration of Assessment Instruments
39.0302
Issuance of Subpoenas
39.302
Report to District: Comparisons for Annual Performance Assessment
39.0303
Secure Assessment Instruments
39.303
Report to Parents
39.0304
Training in Assessment Instrument Administration
39.304
Teacher Report Card
39.305
Campus Report Card
39.306
Performance Report
39.307
Uses of Performance Report
39.308
Annual Audit of Dropout Records
39.309
Texas School Accountability Dashboard
39.331
General Requirements
39.332
Comprehensive Biennial Report
39.333
Regional and District Level Report
39.334
Technology Report
39.361
Notice in Student Grade Report
39.362
Notice on District Website
39.363
Notice on Agency Website
39.0381
Auditing and Monitoring Performance Under Contracts for Assessment Instruments
39.408
Eligibility Criteria for Certain Grant Programs
39.0541
Adoption of Indicators and Standards
39.0542
Explanatory Materials for Accountability Rating System
39.0543
Performance Rating Requiring Intervention or Other Action
39.0544
Local Accountability System
39.0548
Evaluating Dropout Recovery Schools
39.0552
Memorandum of Understanding Between School District and State Hospital for Accountability Purposes
39.0821
Comptroller Review of Resource Allocation Practices
39.0823
Projected Deficit
39.0824
Corrective Action Plan
39.2011
Applicability to Charter Schools
39.02302
Advisory Committees for Assessment Instruments
39.02315
Reporting Results of Assessment Instruments for Out-of-state Transfer Students
39.02342
Paper Administration of Assessment Instruments on Request

Accessed:
Jun. 5, 2024

§ 39.232’s source at texas​.gov