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.

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