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A BILL TO BE ENTITLED
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AN ACT
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relating to public school attendance and promotion requirements for |
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students diagnosed with or undergoing related treatment for severe |
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or life-threatening illnesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.087(b), Education Code, is amended to |
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read as follows: |
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(b) A school district shall excuse a student from attending |
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school for: |
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(1) the following purposes, including travel for those |
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purposes: |
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(A) observing religious holy days; |
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(B) attending a required court appearance; |
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(C) appearing at a governmental office to |
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complete paperwork required in connection with the student's |
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application for United States citizenship; |
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(D) taking part in a United States naturalization |
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oath ceremony; |
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(E) serving as an election clerk; or |
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(F) if the student is in the conservatorship of |
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the Department of Family and Protective Services, participating, as |
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determined and documented by the department, in an activity: |
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(i) ordered by a court under Chapter 262 or |
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263, Family Code, provided that it is not practicable to schedule |
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the participation outside of school hours; or |
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(ii) required under a service plan under |
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Subchapter B, Chapter 263, Family Code; [or] |
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(2) a temporary absence resulting from an appointment |
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with health care professionals for the student or the student's |
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child if the student commences classes or returns to school on the |
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same day of the appointment; or |
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(3) an absence resulting from a serious or |
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life-threatening illness or related treatment that makes the |
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student's attendance infeasible, if the student or the student's |
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parent or guardian provides a certification from a physician |
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licensed to practice medicine in this state specifying the |
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student's illness and the anticipated period of the student's |
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absence relating to the illness or related treatment. |
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SECTION 2. Section 25.0915(a-3), Education Code, is amended |
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to read as follows: |
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(a-3) A school district shall offer additional counseling |
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to a student and may not refer the student to truancy court under |
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this section, Section 25.0951, or any other provision if the school |
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determines that the student's truancy is the result of: |
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(1) pregnancy; |
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(2) being in the state foster program; |
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(3) homelessness; [or] |
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(4) severe or life-threatening illness or related |
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treatment; or |
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(5) being the principal income earner for the |
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student's family. |
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SECTION 3. Section 25.092, Education Code, is amended by |
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adding Subsection (a-3) to read as follows: |
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(a-3) A student's excused absence under Section |
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25.087(b)(3) may not be considered in determining whether the |
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student has satisfied the attendance requirement under Subsection |
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(a) or (a-1). |
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SECTION 4. Section 28.0211, Education Code, is amended by |
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adding Subsection (q) to read as follows: |
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(q) Notwithstanding any other provision of this section, a |
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student may not be denied promotion if the school district |
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determines that the student failed to perform satisfactorily on an |
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assessment instrument specified under Subsection (a) due primarily |
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to circumstances that resulted from a serious or life-threatening |
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illness or related treatment that qualifies the student for an |
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excused absence under Section 25.087(b)(3). |
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SECTION 5. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |