By:  Nelson                                            S.B. No. 247

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to compulsory attendance in public schools.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subsection (b), Section 25.085, Education Code,

 1-4     is amended to read as follows:

 1-5           (b)  Unless specifically exempted by Section 25.086, a child

 1-6     who is at least six years of age, or who is younger than six years

 1-7     of age and has previously been enrolled in first grade, and who has

 1-8     not yet reached [completed the academic year in which] the child's

 1-9     18th [17th] birthday [occurred] shall attend school.

1-10           SECTION 2.  Subsection (a), Section 25.086, Education Code,

1-11     is amended to read as follows:

1-12           (a)  A child is exempt from the requirements of compulsory

1-13     school attendance if the child:

1-14                 (1)  attends a private or parochial school that

1-15     includes in its course a study of good citizenship;

1-16                 (2)  is eligible to participate in a school district's

1-17     special education program under Section 29.003 and cannot be

1-18     appropriately served by the resident district;

1-19                 (3)  has a physical or mental condition of a temporary

1-20     and remediable nature that makes the child's attendance infeasible

1-21     and holds a certificate from a qualified physician specifying the

1-22     temporary condition, indicating the treatment prescribed to remedy

1-23     the temporary condition, and covering the anticipated period of the

 2-1     child's absence from school for the purpose of receiving and

 2-2     recuperating from that remedial treatment;

 2-3                 (4)  is expelled in accordance with the requirements of

 2-4     law;

 2-5                 (5)  is at least 17 years of age and:

 2-6                       (A)  is attending a course of instruction to

 2-7     prepare for the high school equivalency examination, and:

 2-8                             (i)  has the permission of the child's

 2-9     parent or guardian to attend the course;

2-10                             (ii)  is required by court order to attend

2-11     the course;

2-12                             (iii)  has established a residence separate

2-13     and apart from the child's parent, guardian, or other person having

2-14     lawful control of the child; or

2-15                             (iv)  is homeless as defined by 42 U.S.C.

2-16     Section 11302; or

2-17                       (B)  has received a high school diploma or high

2-18     school equivalency certificate;

2-19                 (6)  is at least 16 years of age and is attending a

2-20     course of instruction to prepare for the high school equivalency

2-21     examination, if the child is recommended to take the course of

2-22     instruction by a public agency that has supervision or custody of

2-23     the child under a court order;

2-24                 (7)  is enrolled in the Texas Academy of Mathematics

2-25     and Science;

 3-1                 (8)  is enrolled in the Texas Academy of Leadership in

 3-2     the Humanities; or

 3-3                 (9)  is specifically exempted under another law.

 3-4           SECTION 3.  This Act applies beginning with the 1997-1998

 3-5     school year.

 3-6           SECTION 4.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended,

3-11     and that this Act take effect and be in force from and after its

3-12     passage, and it is so enacted.