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Texas Education Code - Section 12.012. Applicability Of Laws And Rules To Home-Rule School District

Legal Research Home > Texas Lawyer > Education Code > Texas Education Code - Section 12.012. Applicability Of Laws And Rules To Home-Rule School District

§ 12.012. APPLICABILITY OF LAWS AND RULES TO HOME-RULE 
SCHOOL DISTRICT.  (a) A home-rule school district is subject to 
federal and state laws and rules governing school districts, except 
that a home-rule school district is subject to:
		(1)  this code only to the extent that the 
applicability to a home-rule school district of a provision of this 
code is specifically provided;
		(2)  a rule adopted under this code by the State Board 
of Education or the commissioner only if the code provision 
authorizing the rule specifically applies to a home-rule school 
district;  and
		(3)  all requirements of federal law and applicable 
court orders relating to eligibility for and the provision of 
special education and bilingual programs.
	(b)  An employee of a home-rule school district who qualifies 
for membership in the Teacher Retirement System of Texas shall be 
covered under the system in the same manner and to the same extent 
as a qualified employee employed by an independent school district 
is covered.
	(c)  This section does not permit a home-rule school district 
to discriminate against a student who has been diagnosed as having a 
learning disability, including dyslexia or attention 
deficit/hyperactivity disorder.  Discrimination prohibited by this 
subsection includes denial of placement in a gifted and talented 
program if the student would otherwise be qualified for the program 
but for the student's learning disability.  This section does not 
permit a home-rule school district to, on the basis of race, 
socioeconomic status, learning disability, or family support 
status, place a student in a program other than the highest-level 
program necessary to ensure the student's success.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            

Last modified: August 10, 2007