By Culberson H.B. No. 2720
74R2573 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compulsory school attendance and the suspension of
1-3 driver's licenses issued to certain public school students.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.032(a), Education Code, is amended to
1-6 read as follows:
1-7 (a) Unless specifically exempted by Section 21.033 of this
1-8 code <or under other laws or unless a child is at least 17 years of
1-9 age and has been issued a high school equivalency certificate>,
1-10 every child in the state who is as much as six years of age, or who
1-11 is less than seven years of age and has previously been enrolled in
1-12 first grade, and who is less than 18 years of age and has not
1-13 graduated from high school <completed the academic year in which
1-14 his 17th birthday occurred> shall <be required to> attend the
1-15 public schools in the district in which the child resides <of his
1-16 residence> or in some other district to which the child is <he may
1-17 be> transferred as provided or authorized by law a minimum of 170
1-18 days of the regular school term of the district in which the child
1-19 resides or to which the child <he> has been transferred.
1-20 SECTION 2. Section 21.033(a), Education Code, is amended to
1-21 read as follows:
1-22 (a) The following classes of children are exempt from the
1-23 requirements of compulsory attendance:
1-24 (1) any child who is attending <in attendance upon> a
2-1 private or parochial school that includes <which shall include> in
2-2 its course a study of good citizenship;
2-3 (2) any child who is eligible to participate in a
2-4 school district's special education program under <handicapped as
2-5 defined in> Section 21.503 of this code and who cannot be
2-6 appropriately served by the resident district in accordance with
2-7 the requirements of Section 21.032 of this code;
2-8 (3) any child who has a physical or mental condition
2-9 of a temporary and remediable nature which renders such child's
2-10 attendance infeasible and who holds a certificate from a qualified
2-11 physician specifying the temporary condition, indicating the
2-12 treatment prescribed to remedy the temporary condition, and
2-13 covering the anticipated period of the child's absence from school
2-14 for the purpose of receiving and recuperating from such remedial
2-15 treatment;
2-16 (4) any child expelled in accordance with the
2-17 requirements of law;
2-18 (5) any child who is at least 17 years old and who:
2-19 (A) is attending <in attendance upon> a course
2-20 of instruction to prepare for the high school equivalency
2-21 examinations; or
2-22 (B) has received a high school equivalency
2-23 certificate;
2-24 (6) any child who is at least 16 years old and who is
2-25 attending <in attendance upon> a course of instruction to prepare
2-26 for the high school equivalency examinations, if <provided that>
2-27 the child <person> is recommended to the course of instruction by a
3-1 public agency which has supervision or custody of the child
3-2 <person> under a court order; <and>
3-3 (7) any child who is enrolled in the Texas Academy of
3-4 Leadership in the Humanities; and
3-5 (8) any child specifically exempted under another law.
3-6 SECTION 3. Subchapter B, Chapter 21, Education Code, is
3-7 amended by adding Section 21.0351 to read as follows:
3-8 Sec. 21.0351. SUSPENSION OF DRIVER'S LICENSE. (a) A
3-9 driver's license held by a public school student younger than 18
3-10 years of age is subject to suspension by the Department of Public
3-11 Safety until the student's 21st birthday if the student:
3-12 (1) in the preceding grade reporting period, has a
3-13 grade point average in academic classes that is lower than the
3-14 equivalent of 70 on a scale of 100;
3-15 (2) is absent without excuse for 10 or more
3-16 consecutive class days or consecutive partial class days during a
3-17 semester; or
3-18 (3) withdraws from the school district and does not
3-19 meet a criterion described by Subsection (b)(2).
3-20 (b) When school district records indicate that a student's
3-21 driver's license is subject to suspension under Subsection (a), the
3-22 school district shall notify the student that the license is
3-23 subject to suspension. The notice must include the grounds for
3-24 suspension. If the student's driver's license is subject to
3-25 suspension under Subsection (a)(2) or (3), the notice must state
3-26 that the student may avoid the suspension if the student, not later
3-27 than the 14th day after the date of the notice:
4-1 (1) resumes attendance or reenrolls in the school
4-2 district; or
4-3 (2) provides proof acceptable to the school district
4-4 that the student:
4-5 (A) is enrolled at another public or private
4-6 high school;
4-7 (B) is enrolled in a course that prepares a
4-8 person to obtain a certificate of high school equivalency;
4-9 (C) has obtained a certificate of high school
4-10 equivalency; or
4-11 (D) is a home school student who is pursuing in
4-12 a bona fide manner, under the direction of the student's parent or
4-13 one standing in parental authority, a curriculum designed to meet
4-14 basic education goals of reading, spelling, grammar, mathematics,
4-15 and a study of good citizenship.
4-16 (c) A school district that receives proof from a student
4-17 under Subsection (b)(2) shall promptly notify the student whether
4-18 the district considers the proof sufficient to avoid cancellation
4-19 of the student's driver's license. If the district notifies the
4-20 student that the student's proof is unacceptable, the district also
4-21 shall notify the student that the student may, not later than the
4-22 seventh day after the date of the notice, request, in writing
4-23 delivered to a person or office specified in the notice, a hearing
4-24 before the board of trustees of the school district. If a hearing
4-25 is requested, the hearing shall be held in a manner that provides
4-26 the student with appropriate due process as required by the federal
4-27 constitution. The board shall conduct the hearing and make its
5-1 decision regarding suspension of the student's driver's license not
5-2 later than the 30th day after the date on which the student
5-3 requests the hearing. The decision of the board may be appealed by
5-4 trial de novo to a statutory county court of the county in which
5-5 the school district's central administrative office is located, or,
5-6 if there is not a statutory county court, the county court.
5-7 (d) The school district shall take action as required by
5-8 Subsection (e) if:
5-9 (1) the student's license is subject to suspension
5-10 under Subsection (a)(1); or
5-11 (2) the student's license is subject to suspension
5-12 under Subsection (a)(2) or (3) and:
5-13 (A) the student fails to respond to the notice
5-14 as required by Subsection (b)(1);
5-15 (B) the student fails to provide sufficient
5-16 proof under Subsection (b)(2); or
5-17 (C) the board of trustees determines, after a
5-18 hearing requested under Subsection (c), that the student's driver's
5-19 license should be suspended.
5-20 (e) A school district required to act by Subsection (d)
5-21 shall promptly:
5-22 (1) instruct the Department of Public Safety to
5-23 suspend the license until the student's 21st birthday; and
5-24 (2) provide notice that informs the student that the
5-25 student's license will be suspended, directs the student to
5-26 surrender the license to the Department of Public Safety, and, if
5-27 applicable, explains to the student the steps that may be taken to
6-1 obtain reinstatement of the license.
6-2 (f) Except as provided by Subsection (h), a driver's license
6-3 suspended under Subsection (a)(1) is subject to reinstatement by
6-4 the Department of Public Safety if:
6-5 (1) a public school district or private high school
6-6 notifies the department that after the student's license was
6-7 suspended, the student:
6-8 (A) completed at least two consecutive semesters
6-9 and did not in any semester have a grade point average in academic
6-10 classes that was lower than the equivalent of 70 on a scale of 100;
6-11 or
6-12 (B) graduated from high school; or
6-13 (2) the student provides the department with proof
6-14 that the student:
6-15 (A) is enrolled and making satisfactory progress
6-16 as determined by the course instructor on the basis of attendance,
6-17 completion of assignments, and good faith effort, in a course that
6-18 prepares a person to obtain a certificate of high school
6-19 equivalency; or
6-20 (B) has obtained a certificate of high school
6-21 equivalency.
6-22 (g) Except as provided by Subsection (h), a driver's license
6-23 suspended under Subsection (a)(2) or (3) is subject to
6-24 reinstatement by the Department of Public Safety if:
6-25 (1) a public school district or private high school
6-26 notifies the department that the student has returned to or
6-27 enrolled in the school district or school and:
7-1 (A) has attended classes for 30 days without an
7-2 unexcused absence in any class; or
7-3 (B) has graduated; or
7-4 (2) the student provides the department with proof
7-5 that the student:
7-6 (A) has enrolled in and is making satisfactory
7-7 progress, as determined by the course instructor on the basis of
7-8 attendance, completion of assignments, and good faith effort, in a
7-9 course that prepares a person to obtain a certificate of high
7-10 school equivalency; or
7-11 (B) has obtained a certificate of high school
7-12 equivalency.
7-13 (h) A driver's license suspended under this section that has
7-14 been previously suspended and reinstated under this section may not
7-15 be reinstated before the student's 21st birthday.
7-16 (i) Notice required to be given to a student under this
7-17 section shall be sent by certified mail to the student at the
7-18 student's address as specified in the records of the school
7-19 district providing notice.
7-20 (j) The Central Education Agency shall design standard forms
7-21 for use in notifying the Department of Public Safety that a
7-22 driver's license should be suspended or reinstated under this
7-23 section. The standard forms must be approved by the Department of
7-24 Public Safety.
7-25 (k) In this section, "driver's license" has the meaning
7-26 assigned that term by Section 1, Chapter 173, Acts of the 47th
7-27 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
8-1 Civil Statutes).
8-2 SECTION 4. Chapter 173, Acts of the 47th Legislature,
8-3 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
8-4 Statutes), is amended by adding Section 24A to read as follows:
8-5 Sec. 24A. AUTOMATIC SUSPENSION OF LICENSE HELD BY STUDENT
8-6 UNDER THE AGE OF 21 YEARS. (a) On receipt of a notification under
8-7 Section 21.0351(e), Education Code, concerning a person under the
8-8 age of 21 years, the department shall automatically suspend the
8-9 person's driver's license.
8-10 (b) The department shall reinstate a license suspended under
8-11 this section if the student applies to the department for
8-12 reinstatement of the license and the department receives, as
8-13 appropriate:
8-14 (1) notification from a public school district or
8-15 private high school under Section 21.0351(f)(1) or (g)(1),
8-16 Education Code, that the license should be reinstated; or
8-17 (2) documentation from the student described by
8-18 Section 21.0351(f)(2) or (g)(2), Education Code.
8-19 SECTION 5. The importance of this legislation and the
8-20 crowded condition of the calendars in both houses create an
8-21 emergency and an imperative public necessity that the
8-22 constitutional rule requiring bills to be read on three several
8-23 days in each house be suspended, and this rule is hereby suspended.