By Shields                                       H.B. No. 635

      75R725 CAS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to public school admission and attendance; providing a

 1-3     criminal penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 25.001(a) and (b), Education Code, are

 1-6     amended to read as follows:

 1-7           (a)  A person who is at least five years of age and under 20

 1-8     [21] years of age on the first day of September of any school year

 1-9     is entitled to the benefits of the available school fund for that

1-10     year.  Any other person enrolled in a prekindergarten class under

1-11     Section 29.153 is entitled to the benefits of the available school

1-12     fund.  A person who is 20 years of age or older on the first day of

1-13     September of any school year is entitled to the benefits of the

1-14     available school fund for that year only to the extent entitlement

1-15     to those benefits is required by federal law.

1-16           (b)  The board of trustees of a school district or its

1-17     designee shall admit into the public schools of the district free

1-18     of tuition a person who is entitled to the benefits of the

1-19     available school fund under Subsection (a) [over five and younger

1-20     than 21 years of age on the first day of September of the school

1-21     year in which admission is sought] if:

1-22                 (1)  the person and either parent of the person reside

1-23     in the school district;

1-24                 (2)  the person and the person's guardian or other

 2-1     person having lawful control of the person under a court order

 2-2     reside within the school district;

 2-3                 (3)  the person has established a separate residence

 2-4     under Subsection (d);

 2-5                 (4)  the person is homeless, as defined by 42 U.S.C.

 2-6     Section 11302, regardless of the residence of the person, of either

 2-7     parent of the person, or of the person's guardian or other person

 2-8     having lawful control of the person;

 2-9                 (5)  the person is a foreign exchange student placed

2-10     with a host family that resides in the school district by a

2-11     nationally recognized foreign exchange program, unless the school

2-12     district has applied for and been granted a waiver by the

2-13     commissioner under Subsection (e); or

2-14                 (6)  the person resides in the school district and is

2-15     18 years of age or older or the person's disabilities of minority

2-16     have been removed.

2-17           SECTION 2.  Section 25.002(f), Education Code, is amended to

2-18     read as follows:

2-19           (f)  Except as otherwise provided by this subsection, for a

2-20     child to be enrolled in a public school, the child must be enrolled

2-21     by the child's parent or by the child's guardian or other person

2-22     with legal control of the child under a court order.  A school

2-23     district may require the person who enrolls the child to provide

2-24     school district employees with identification, including the

2-25     person's driver's license.  The school district may retain a copy

2-26     of the identification provided.  If a person with legal authority

2-27     to enroll the child in school cannot be identified and located, the

 3-1     school district that receives the child's application for

 3-2     enrollment shall notify the Department of Protective and Regulatory

 3-3     Services and shall admit the child as provided by Section 25.001.

 3-4     The district shall direct any communication that is required with a

 3-5     parent to the Department of Protective and Regulatory Services

 3-6     unless that department specifies otherwise.  In this subsection,

 3-7     "child" has the meaning assigned by Section 101.003, Family Code.

 3-8           SECTION 3.  Section 25.085, Education Code, is amended by

 3-9     adding Subsection (e) to read as follows:

3-10           (e)  A person who voluntarily enrolls in school after

3-11     completing the academic year in which the person's 17th birthday

3-12     occurred shall attend school each school day for the entire period

3-13     the program of instruction is offered.

3-14           SECTION 4.  Section 25.087(a), Education Code, is amended to

3-15     read as follows:

3-16           (a)  A person [child] required to attend school, including a

3-17     person to whom Section 25.085(e) applies, may be excused for

3-18     temporary absence resulting from any cause acceptable to the

3-19     teacher, principal, or superintendent of the school in which the

3-20     person [child] is enrolled.

3-21           SECTION 5.  Subchapter C, Chapter 25, Education Code, is

3-22     amended by adding Section 25.097 to read as follows:

3-23           Sec. 25.097.  FAILURE OF PERSON VOLUNTARILY ENROLLED IN

3-24     SCHOOL TO ATTEND.  (a)  A school attendance officer shall warn a

3-25     person in writing that school attendance is immediately required

3-26     if:

3-27                 (1)  the person has completed the academic year in

 4-1     which the person's 17th birthday occurred and is enrolled in

 4-2     school; and

 4-3                 (2)  the person fails to attend school as required

 4-4     under Section 25.085(e), and the absence is not excused under

 4-5     Section 25.087.

 4-6           (b)  A person commits an offense if:

 4-7                 (1)  the person fails to attend school for a school day

 4-8     or a part of a school day after a warning under Subsection (a); and

 4-9                 (2)  the absence is not excused under Section 25.087.

4-10           (c)  The attendance officer shall file a complaint against

4-11     the person in justice court in the precinct in which the person

4-12     resides or in the precinct in which the central administrative

4-13     office of the school district is located.

4-14           (d)  An offense under this section is a Class C misdemeanor.

4-15           (e)  A fine collected under this section shall be deposited

4-16     in the same manner provided for depositing a fine collected under

4-17     Section 25.093(f).

4-18           (f)  At the trial of a person charged with an offense under

4-19     this section, any authorized employee of the school district may

4-20     present the attendance records of the person.

4-21           (g)  If a person is found by a justice court to have

4-22     committed more than one offense under this section during a

4-23     semester, a school district may:

4-24                 (1)  withdraw the person from enrollment; and

4-25                 (2)  prohibit the person from reenrolling in the

4-26     district until the following semester.

4-27           SECTION 6.  This Act takes effect beginning with the

 5-1     1997-1998 school year.

 5-2           SECTION 7.  The importance of this legislation and the

 5-3     crowded condition of the calendars in both houses create an

 5-4     emergency and an imperative public necessity that the

 5-5     constitutional rule requiring bills to be read on three several

 5-6     days in each house be suspended, and this rule is hereby suspended,

 5-7     and that this Act take effect and be in force from and after its

 5-8     passage, and it is so enacted.