By Uher                                               H.B. No. 2645
         76R7751 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the compulsory attendance age for public schools.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 25.085(b), Education Code, is amended to
 1-5     read as follows:
 1-6           (b)  Unless specifically exempted by Section 25.086, a child
 1-7     who is at least six years of age, or who is younger than six years
 1-8     of age and has previously been enrolled in first grade, and who has
 1-9     not yet reached the child's 17th [18th] birthday shall attend
1-10     school.
1-11           SECTION 2.  Section 25.086(a), Education Code, is amended to
1-12     read as follows:
1-13           (a)  A child is exempt from the requirements of compulsory
1-14     school attendance if the child:
1-15                 (1)  attends a private or parochial school that
1-16     includes in its course a study of good citizenship;
1-17                 (2)  is eligible to participate in a school district's
1-18     special education program under Section 29.003 and cannot be
1-19     appropriately served by the resident district;
1-20                 (3)  has a physical or mental condition of a temporary
1-21     and remediable nature that makes the child's attendance infeasible
1-22     and holds a certificate from a qualified physician specifying the
1-23     temporary condition, indicating the treatment prescribed to remedy
1-24     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 in a school district that does not participate in a mandatory
 2-5     juvenile justice alternative education program under Section
 2-6     37.011;
 2-7                 (5)  [is at least 17 years of age and:]
 2-8                       [(A)  is attending a course of instruction to
 2-9     prepare for the high school equivalency examination, and:]
2-10                             [(i)  has the permission of the child's
2-11     parent or guardian to attend the course;]
2-12                             [(ii)  is required by court order to attend
2-13     the course;]
2-14                             [(iii)  has established a residence
2-15     separate and apart from the child's parent, guardian, or other
2-16     person having lawful control of the child; or]
2-17                             [(iv)  is homeless as defined by 42 U.S.C.
2-18     Section 11302; or]
2-19                       [(B)  has received a high school diploma or high
2-20     school equivalency certificate;]
2-21                 [(6)]  is at least 16 years of age and is attending a
2-22     course of instruction to prepare for the high school equivalency
2-23     examination, if the child is recommended to take the course of
2-24     instruction by a public agency that has supervision or custody of
2-25     the child under a court order;
2-26                 (6) [(7)]  is enrolled in the Texas Academy of
2-27     Mathematics and Science;
 3-1                 (7) [(8)]  is enrolled in the Texas Academy of
 3-2     Leadership in the Humanities; or
 3-3                 (8) [(9)]  is specifically exempted under another law.
 3-4           SECTION 3.  This Act applies beginning with the 1999-2000
 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.