By: Cunningham (Senate Sponsor - Paxton) H.B. No. 3803
         (In the Senate - Received from the House May 1, 2023;
  May 1, 2023, read first time and referred to Committee on
  Education; May 12, 2023, reported favorably by the following vote:  
  Yeas 13, Nays 0; May 12, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to allowing parents and guardians to elect for a student to
  repeat or retake a course or grade.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.02124, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (a-2) to
  read as follows:
         (a)  Subject to Subsection (c), a parent or guardian may
  elect for a student to:
               (1)  repeat prekindergarten;
               (2)  enroll in prekindergarten, if the student would
  have been eligible to enroll in prekindergarten during the previous
  school year under Section 29.153(b) and the student has not yet
  enrolled in kindergarten;
               (3)  repeat kindergarten;
               (4)  enroll in kindergarten, if the student would have
  been eligible to enroll in kindergarten in the previous school year
  and has not yet enrolled in first grade; or
               (5)  for grades one through eight [three], repeat the
  grade in which the student was enrolled during the previous school
  year.
         (a-1)  Subject to Subsection (c), for courses taken for high
  school credit, a parent or guardian may elect for a student to
  repeat any course in which the student was enrolled in during the
  previous school year.  A parent or guardian may not elect for a
  student to repeat a course under this subsection if the school
  district or open-enrollment charter school determines the student
  has met all of the requirements for graduation.
         (a-2)  A parent or guardian may make an election under
  Subsection (a)(5) or (a-1), or both.
         SECTION 2.  This Act applies beginning with the 2023-2024
  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, 2023.
 
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