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.
3-13 COMMITTEE AMENDMENT NO. 1
3-14 Amend S.B. No. 247 by inserting the following new sections,
3-15 appropriately numbered, and renumbering the subsequent sections
3-16 appropriately:
3-17 SECTION ____. Section 25.095, Education Code, is amended to
3-18 read as follows:
3-19 Sec. 25.095. WARNING NOTICE. (a) A school district shall
3-20 notify a student's parent in writing if:
3-21 (1) [,] in a six-month period, the student has been
3-22 absent without an excuse five times for any part of the day; or
3-23 (2) in a four-week period, the student has been absent
3-24 without an excuse two times for any part of the day.
3-25 (b) The notice must state that if the student is absent
4-1 without an excuse for 10 or more days or parts of days in a
4-2 six-month period or for three or more days or parts of days in a
4-3 four-week period:
4-4 (1) the student's parent is subject to prosecution
4-5 under Section 25.093; and
4-6 (2) the student is subject to prosecution under
4-7 Section 25.094.
4-8 (c) [(b)] Notice is not required under this section if the
4-9 student is a party to a juvenile court proceeding for conduct
4-10 described by Section 51.03(b)(2), Family Code.
4-11 (d) [(c)] The fact that a parent did not receive a notice
4-12 under this section does not create a defense to prosecution under
4-13 Section 25.093 or 25.094.
4-14 (e) [(d)] In this section, "parent" includes a person
4-15 standing in parental relation.
4-16 SECTION ____. The change in law made by this Act to Section
4-17 25.095, Education Code, applies beginning with the 1997-1998 school
4-18 year.
4-19 75R10380 ESH-D Culberson