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.