By: Bivins S.B. No. 138 A BILL TO BE ENTITLED AN ACT 1-1 relating to mandatory public school attendance by certain expelled 1-2 students. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subsection (a), Section 25.086, Education Code, 1-5 is amended to read as follows: 1-6 (a) A child is exempt from the requirements of compulsory 1-7 school attendance if the child: 1-8 (1) attends a private or parochial school that 1-9 includes in its course a study of good citizenship; 1-10 (2) is eligible to participate in a school district's 1-11 special education program under Section 29.003 and cannot be 1-12 appropriately served by the resident district; 1-13 (3) has a physical or mental condition of a temporary 1-14 and remediable nature that makes the child's attendance infeasible 1-15 and holds a certificate from a qualified physician specifying the 1-16 temporary condition, indicating the treatment prescribed to remedy 1-17 the temporary condition, and covering the anticipated period of the 1-18 child's absence from school for the purpose of receiving and 1-19 recuperating from that remedial treatment; 1-20 (4) is expelled in accordance with the requirements of 1-21 law in a school district that does not participate in a juvenile 1-22 justice alternative education program under Section 37.011; 1-23 (5) is at least 17 years of age and: 2-1 (A) is attending a course of instruction to 2-2 prepare for the high school equivalency examination; or 2-3 (B) has received a high school diploma or high 2-4 school equivalency certificate; 2-5 (6) is at least 16 years of age and is attending a 2-6 course of instruction to prepare for the high school equivalency 2-7 examination, if the child is recommended to take the course of 2-8 instruction by a public agency that has supervision or custody of 2-9 the child under a court order; 2-10 (7) is enrolled in the Texas Academy of Mathematics 2-11 and Science; 2-12 (8) is enrolled in the Texas Academy of Leadership in 2-13 the Humanities; or 2-14 (9) is specifically exempted under another law. 2-15 SECTION 2. This Act applies beginning with the 1997-1998 2-16 school year. 2-17 SECTION 3. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended, 2-22 and that this Act take effect and be in force from and after its 2-23 passage, and it is so enacted.