1-1 By: Nelson S.B. No. 247
1-2 (In the Senate - Filed January 20, 1997; January 21, 1997,
1-3 read first time and referred to Committee on Education;
1-4 February 17, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0;
1-6 February 17, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 247 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to compulsory attendance in public schools.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (b), Section 25.085, Education Code,
1-13 is amended to read as follows:
1-14 (b) Unless specifically exempted by Section 25.086, a child
1-15 who is at least six years of age, or who is younger than six years
1-16 of age and has previously been enrolled in first grade, and who has
1-17 not yet reached [completed the academic year in which] the child's
1-18 18th [17th] birthday [occurred] shall attend school.
1-19 SECTION 2. Subsection (a), Section 25.086, Education Code,
1-20 is amended to read as follows:
1-21 (a) A child is exempt from the requirements of compulsory
1-22 school attendance if the child:
1-23 (1) attends a private or parochial school that
1-24 includes in its course a study of good citizenship;
1-25 (2) is eligible to participate in a school district's
1-26 special education program under Section 29.003 and cannot be
1-27 appropriately served by the resident district;
1-28 (3) has a physical or mental condition of a temporary
1-29 and remediable nature that makes the child's attendance infeasible
1-30 and holds a certificate from a qualified physician specifying the
1-31 temporary condition, indicating the treatment prescribed to remedy
1-32 the temporary condition, and covering the anticipated period of the
1-33 child's absence from school for the purpose of receiving and
1-34 recuperating from that remedial treatment;
1-35 (4) is expelled in accordance with the requirements of
1-36 law;
1-37 (5) is at least 17 years of age and:
1-38 (A) is attending a course of instruction to
1-39 prepare for the high school equivalency examination, and:
1-40 (i) has the permission of the child's
1-41 parent or guardian to attend the course;
1-42 (ii) is required by court order to attend
1-43 the course;
1-44 (iii) has established a residence separate
1-45 and apart from the child's parent, guardian, or other person having
1-46 lawful control of the child; or
1-47 (iv) is homeless as defined by 42 U.S.C.
1-48 Section 11302; or
1-49 (B) has received a high school diploma or high
1-50 school equivalency certificate;
1-51 (6) is at least 16 years of age and is attending a
1-52 course of instruction to prepare for the high school equivalency
1-53 examination, if the child is recommended to take the course of
1-54 instruction by a public agency that has supervision or custody of
1-55 the child under a court order;
1-56 (7) is enrolled in the Texas Academy of Mathematics
1-57 and Science;
1-58 (8) is enrolled in the Texas Academy of Leadership in
1-59 the Humanities; or
1-60 (9) is specifically exempted under another law.
1-61 SECTION 3. This Act applies beginning with the 1997-1998
1-62 school year.
1-63 SECTION 4. The importance of this legislation and the
1-64 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended,
2-4 and that this Act take effect and be in force from and after its
2-5 passage, and it is so enacted.
2-6 * * * * *