By Culberson H.B. No. 552
75R1727 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 25.085(b), Education Code, is amended to
1-6 read as follows:
1-7 (b) Unless specifically exempted by Section 25.086, a child
1-8 who is at least six years of age, or who is younger than six years
1-9 of age and has previously been enrolled in first grade, and who is
1-10 younger than 18 years of age [has not completed the academic year
1-11 in which the child's 17th birthday occurred] shall attend school.
1-12 SECTION 2. Chapter 25, Education Code, is amended by adding
1-13 Subchapter E to read as follows:
1-14 SUBCHAPTER E. SUSPENSION OF STUDENT'S DRIVER'S LICENSE FOR
1-15 FAILURE TO ATTEND SCHOOL OR MAKE SATISFACTORY PROGRESS
1-16 Sec. 25.151. DEFINITION. In this subchapter, "driver's
1-17 license" has the meaning assigned by Section 521.001,
1-18 Transportation Code.
1-19 Sec. 25.152. GROUNDS FOR SUSPENSION OF STUDENT'S DRIVER'S
1-20 LICENSE. A driver's license held by a public school student
1-21 younger than 18 years of age is subject to suspension by the
1-22 Department of Public Safety until the student's 21st birthday if
1-23 the student:
1-24 (1) in the preceding grade reporting period, has a
2-1 grade point average in academic classes that is lower than the
2-2 equivalent of 70 on a scale of 100;
2-3 (2) is absent without excuse for 10 or more
2-4 consecutive class days or consecutive partial class days during a
2-5 semester; or
2-6 (3) withdraws from the school district or
2-7 open-enrollment charter school and does not meet a criterion
2-8 described by Section 25.153(b)(2).
2-9 Sec. 25.153. PROCEDURE FOR SUSPENSION. (a) When the
2-10 records of a school district or open-enrollment charter school
2-11 indicate that a student's driver's license is subject to suspension
2-12 under Section 25.152, the district or school shall notify the
2-13 student that the license is subject to suspension. The notice must
2-14 include the grounds for suspension. If the student's driver's
2-15 license is subject to suspension under Section 25.152(2) or (3),
2-16 the notice must state that the student may avoid the suspension as
2-17 provided by Subsection (b).
2-18 (b) A student may avoid the suspension if the student, not
2-19 later than the 14th day after the date the notice is sent:
2-20 (1) resumes attendance or reenrolls in the district or
2-21 school; or
2-22 (2) provides proof acceptable to the district or
2-23 school that the student:
2-24 (A) is enrolled at another public or private
2-25 high school;
2-26 (B) is enrolled in a course that prepares a
2-27 person to obtain a certificate of high school equivalency;
3-1 (C) has obtained a certificate of high school
3-2 equivalency; or
3-3 (D) is a home school student who is pursuing in
3-4 a bona fide manner, under the direction of the student's parent or
3-5 a person standing in parental authority, a curriculum designed to
3-6 meet basic educational goals of reading, spelling, grammar,
3-7 mathematics, and a study of good citizenship.
3-8 Sec. 25.154. HEARING. (a) A school district or
3-9 open-enrollment charter school that receives proof from a student
3-10 under Section 25.153(b)(2) shall promptly notify the student
3-11 whether the district or school considers the proof sufficient to
3-12 avoid suspension of the student's driver's license. If the
3-13 district or school notifies the student that the student's proof is
3-14 unacceptable, the district or school shall also notify the student
3-15 of the student's entitlement to a hearing under Subsection (b).
3-16 (b) Not later than the seventh day after the date notice is
3-17 sent under Subsection (a), the student may request a hearing before
3-18 the board of trustees of the school district or the person
3-19 operating the open-enrollment charter school. The request for a
3-20 hearing must be in writing and delivered to the person or office
3-21 specified in the notice.
3-22 (c) If the student requests a hearing, the hearing shall be
3-23 held in a manner that provides the student with appropriate due
3-24 process as required by the federal constitution. The board of
3-25 trustees or person operating the open-enrollment charter school
3-26 shall conduct the hearing and make a decision regarding suspension
3-27 of the student's driver's license not later than the 30th day after
4-1 the date on which the student requests the hearing.
4-2 Sec. 25.155. APPEAL. A decision under Section 25.154 of a
4-3 board of trustees or person operating an open-enrollment charter
4-4 school may be appealed by trial de novo to a statutory county court
4-5 of the county in which the school district's central administrative
4-6 office or the open-enrollment charter school is located, or, if
4-7 there is not a statutory county court, the county court.
4-8 Sec. 25.156. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a)
4-9 The school district or open-enrollment charter school shall take
4-10 action as required by Subsection (b) if:
4-11 (1) the student's license is subject to suspension
4-12 under Section 25.152(1); or
4-13 (2) the student's license is subject to suspension
4-14 under Section 25.152(2) or (3) and:
4-15 (A) the student fails to respond to the notice
4-16 as required by Section 25.153(b)(1);
4-17 (B) the student fails to provide sufficient
4-18 proof under Section 25.153(b)(2); or
4-19 (C) the board of trustees or person operating
4-20 the open-enrollment charter school determines, after a hearing
4-21 requested under Section 25.154, that the student's driver's license
4-22 should be suspended.
4-23 (b) A school district or open-enrollment charter school
4-24 required to act by Subsection (a) shall promptly:
4-25 (1) instruct the Department of Public Safety to
4-26 suspend the license; and
4-27 (2) provide notice that informs the student that the
5-1 student's license will be suspended, directs the student to
5-2 surrender the license to the Department of Public Safety, and, if
5-3 applicable, explains to the student the steps that may be taken to
5-4 terminate the suspension of the license.
5-5 Sec. 25.157. TERMINATION OF SUSPENSION. (a) Except as
5-6 provided by Subsection (c), the Department of Public Safety shall
5-7 terminate the suspension of a driver's license under Section
5-8 25.152(1) if:
5-9 (1) a public school district, open-enrollment charter
5-10 school, or private high school notifies the department that after
5-11 the student's license was suspended, the student:
5-12 (A) completed at least two consecutive semesters
5-13 and did not in any semester have a grade point average in academic
5-14 classes that was lower than the equivalent of 70 on a scale of 100;
5-15 or
5-16 (B) graduated from high school; or
5-17 (2) the student provides the department with proof
5-18 that the student:
5-19 (A) is enrolled and making satisfactory progress
5-20 as determined by the course instructor on the basis of attendance,
5-21 completion of assignments, and good faith effort, in a course that
5-22 prepares a person to obtain a certificate of high school
5-23 equivalency; or
5-24 (B) has obtained a certificate of high school
5-25 equivalency.
5-26 (b) Except as provided by Subsection (c), the Department of
5-27 Public Safety shall terminate the suspension of a driver's license
6-1 under Section 25.152(2) or (3) if:
6-2 (1) a public school district, open-enrollment charter
6-3 school, or private high school notifies the department that the
6-4 student has returned to or enrolled in the school district or
6-5 school and:
6-6 (A) has attended classes for 30 days without an
6-7 unexcused absence in any class; or
6-8 (B) has graduated; or
6-9 (2) the student provides the department with proof
6-10 that the student:
6-11 (A) has enrolled in and is making satisfactory
6-12 progress, as determined by the course instructor on the basis of
6-13 attendance, completion of assignments, and good faith effort, in a
6-14 course that prepares a person to obtain a certificate of high
6-15 school equivalency; or
6-16 (B) has obtained a certificate of high school
6-17 equivalency.
6-18 (c) The Department of Public Safety may not, before a
6-19 student's 21st birthday, terminate the suspension of a license if
6-20 the student's license was previously suspended under this
6-21 subchapter.
6-22 Sec. 25.158. FORM OF NOTICE. Notice required to be given to
6-23 a student under this subchapter shall be sent by certified mail to
6-24 the student at the student's address as specified in the records of
6-25 the school district or open-enrollment charter school providing
6-26 notice.
6-27 Sec. 25.159. FORMS. The agency shall design standard forms
7-1 for use in notifying the Department of Public Safety that a
7-2 driver's license should be suspended under this subchapter or that
7-3 a suspension should be terminated. The standard forms must be
7-4 approved by the Department of Public Safety.
7-5 SECTION 3. Subchapter O, Chapter 521, Transportation Code,
7-6 is amended by adding Section 521.3421 to read as follows:
7-7 Sec. 521.3421. SUSPENSION OF LICENSE HELD BY STUDENT UNDER
7-8 21 YEARS OF AGE. (a) On receipt of a notification under Section
7-9 25.156(b), Education Code, concerning a person under 21 years of
7-10 age, the department shall automatically suspend the person's
7-11 driver's license.
7-12 (b) Except as provided by Section 25.152 or 25.157(c),
7-13 Education Code, the period of suspension continues until the
7-14 department receives, as appropriate:
7-15 (1) notification from a public school district,
7-16 open-enrollment charter school, or private high school under
7-17 Section 25.157(a)(1) or (b)(1), Education Code, that the suspension
7-18 should be terminated; or
7-19 (2) documentation from the student described by
7-20 Section 25.157(a)(2) or (b)(2), Education Code.
7-21 SECTION 4. Section 521.343(a), Transportation Code, is
7-22 amended to read as follows:
7-23 (a) Except as provided by Sections 521.342(b), 521.3421(b),
7-24 521.344(a), (b), (d), (e), (f), (g), (h), and (i), 521.345, and
7-25 521.346, and Sections 25.152 and 25.157(c), Education Code, a
7-26 suspension under this subchapter is for one year.
7-27 SECTION 5. (a) This Act takes effect September 1, 1997.
8-1 (b) For purposes of Section 25.152(2), Education Code, as
8-2 added by this Act, a student's absence from school that occurs
8-3 before the effective date of this Act is not aggregated with
8-4 absences that occur on or after the effective date of this Act.
8-5 SECTION 6. The importance of this legislation and the
8-6 crowded condition of the calendars in both houses create an
8-7 emergency and an imperative public necessity that the
8-8 constitutional rule requiring bills to be read on three several
8-9 days in each house be suspended, and this rule is hereby suspended.