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Texas Education Code

§ 7.056 — WAIVERS AND EXEMPTIONS

ED § 7.056Title 2. PUBLIC EDUCATION · Part B. STATE AND REGIONAL ORGANIZATION AND GOVERNANCE · Ch. 7. STATE ORGANIZATION · Art. C. COMMISSIONER OF EDUCATION

Statute text

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(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.
(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.

Legislative history

Acts 2005, 79th Leg., Ch. 812 (S.B. 658), Sec. 2, eff. June 17, 2005. Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 9.01, eff. May 31, 2006. Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 3, eff. June 19, 2009. Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 3, eff. July 19, 2011. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(3), eff. September 1, 2017. Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 4.001, eff. December 4, 2025.