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A BILL TO BE ENTITLED
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AN ACT
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relating to the inclusion of chronically absent students as |
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students at risk of dropping out of school and the collection and |
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reporting of data regarding those students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.081(d), Education Code, is amended to |
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read as follows: |
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(d) For purposes of this section, "student at risk of |
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dropping out of school" includes each student who: |
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(1) is under 26 years of age and who: |
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(A) except as provided by Subsection (h) or if |
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retained for prekindergarten under Section 28.02124, was not |
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advanced from one grade level to the next for one or more school |
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years; |
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(B) if the student is in grade 7, 8, 9, 10, 11, or |
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12, did not maintain an average equivalent to 70 on a scale of 100 in |
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two or more subjects in the foundation curriculum during a semester |
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in the preceding or current school year or is not maintaining such |
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an average in two or more subjects in the foundation curriculum in |
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the current semester; |
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(C) did not perform satisfactorily on an |
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assessment instrument administered to the student under Subchapter |
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B, Chapter 39, and who has not in the previous or current school |
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year subsequently performed on that instrument or another |
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appropriate instrument at a level equal to at least 110 percent of |
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the level of satisfactory performance on that instrument; |
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(D) if the student is in prekindergarten, |
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kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on |
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a readiness test or assessment instrument administered during the |
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current school year; |
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(E) is pregnant or is a parent; |
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(F) has been placed in an alternative education |
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program in accordance with Section 37.006 during the preceding or |
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current school year; |
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(G) has been expelled in accordance with Section |
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37.007 during the preceding or current school year; |
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(H) is currently on parole, probation, deferred |
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prosecution, or other conditional release; |
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(I) was previously reported through the Public |
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Education Information Management System (PEIMS) to have dropped out |
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of school; |
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(J) is an emergent bilingual student, as defined |
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by Section 29.052; |
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(K) is in the custody or care of the Department of |
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Family and Protective Services or has, during the current school |
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year, been referred to the department by a school official, officer |
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of the juvenile court, or law enforcement official; |
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(L) is homeless; |
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(M) resided in the preceding school year or |
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resides in the current school year in a residential placement |
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facility in the district, including a detention facility, substance |
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abuse treatment facility, emergency shelter, psychiatric hospital, |
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halfway house, cottage home operation, specialized child-care |
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home, or general residential operation; |
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(N) has been incarcerated or has a parent or |
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guardian who has been incarcerated, within the lifetime of the |
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student, in a penal institution as defined by Section 1.07, Penal |
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Code; [or] |
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(O) is enrolled in a school district or |
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open-enrollment charter school, or a campus of a school district or |
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open-enrollment charter school, that is designated as a dropout |
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recovery school under Section 39.0548; or |
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(P) is a chronically absent student, as defined |
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by Section 48.009; or |
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(2) regardless of the student's age, participates in |
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an adult education program provided under the adult high school |
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charter school program under Subchapter G, Chapter 12. |
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SECTION 2. Section 48.009, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (c-1) to |
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read as follows: |
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(a) In this section: |
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(1) "Chronically absent student" means a student who |
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is absent from school for more than 10 percent of the minutes of |
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school operation time allocated under Section 25.081 for |
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instruction within: |
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(A) a school year; or |
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(B) a six-week grade reporting period. |
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(2) "Full-time [, "full-time] equivalent school |
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counselor" means 40 hours of counseling services a week. |
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(b) The commissioner by rule shall require each school |
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district and open-enrollment charter school to report through the |
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Public Education Information Management System information |
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regarding: |
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(1) the number of students enrolled in the district or |
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school who are identified as having dyslexia; |
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(2) the availability of school counselors, including |
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the number of full-time equivalent school counselors, at each |
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campus; |
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(3) the availability of expanded learning |
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opportunities as described by Section 33.252 at each campus; |
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(4) the total number of students, other than students |
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described by Subdivision (5), enrolled in the district or school |
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with whom the district or school, as applicable, used intervention |
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strategies, as that term is defined by Section 26.004, at any time |
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during the year for which the report is made; |
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(5) the total number of students enrolled in the |
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district or school to whom the district or school provided aids, |
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accommodations, or services under Section 504, Rehabilitation Act |
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of 1973 (29 U.S.C. Section 794), at any time during the year for |
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which the report is made; |
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(6) disaggregated by campus and grade, the number of: |
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(A) children who are required to attend school |
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under Section 25.085, are not exempted under Section 25.086, and |
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fail to attend school without excuse for 10 or more days or parts of |
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days within a six-month period in the same school year; |
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(B) students for whom the district initiates a |
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truancy prevention measure under Section 25.0915(a-4); and |
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(C) parents of students against whom an |
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attendance officer or other appropriate school official has filed a |
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complaint under Section 25.093; [and] |
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(7) the number of students who are enrolled in a high |
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school equivalency program, a dropout recovery school, or an adult |
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education program provided under a high school diploma and industry |
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certification charter school program provided by the district or |
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school and who: |
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(A) are at least 18 years of age and under 26 |
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years of age; |
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(B) have not previously been reported to the |
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agency as dropouts; and |
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(C) enroll in the program at the district or |
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school after not attending school for a period of at least nine |
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months; and |
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(8) the total number of chronically absent students |
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enrolled at each campus in the district or school disaggregated by |
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students' race, ethnicity, and status as: |
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(A) students enrolled in a special education |
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program; |
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(B) students identified as having dyslexia; |
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(C) educationally disadvantaged students; and |
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(D) emergent bilingual students, as defined by |
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Section 29.052. |
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(c-1) The agency shall annually aggregate and make publicly |
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available the data on student chronic absenteeism collected under |
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Subsection (b)(8). The data must: |
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(1) be shown at the campus and district aggregate |
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levels; and |
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(2) include the percentage of chronically absent |
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students in each demographic category listed under Subsection |
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(b)(8). |
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SECTION 3. This Act takes effect September 1, 2025. |