By:  Ogden                                             S.B. No. 516
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to school district high school equivalency examination
 1-2     programs.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter C, Chapter 29, Education Code, is
 1-5     amended by adding Section 29.086 to read as follows:
 1-6           Sec. 29.086.  SCHOOL DISTRICT HIGH SCHOOL EQUIVALENCY
 1-7     EXAMINATION PROGRAMS.  (a)  The agency shall develop a program for
 1-8     school districts to prepare eligible students who are at risk of
 1-9     dropping out of school to take a high school equivalency
1-10     examination.
1-11           (b)  A district that participates in the program shall offer
1-12     preparatory classes for the high school equivalency examination to
1-13     each eligible district student.
1-14           (c)  A student is eligible to participate in the program if:
1-15                 (1)  the student is 16 years of age or older at the
1-16     beginning of the school year or semester;
1-17                 (2)  the student and the student's parent or guardian
1-18     agree to the student's participation;
1-19                 (3)  there is a reasonable expectation that the student
1-20     will not graduate on schedule and passing a high school equivalency
1-21     examination would be in the best interest of the student;
1-22                 (4)  there is a reasonable expectation that on
1-23     completion of the program the student will be able to perform
1-24     satisfactorily on the high school equivalency examination; and
 2-1                 (5)  any other conditions specified by the agency are
 2-2     satisfied.
 2-3           (d)  A district shall inform each student who has completed
 2-4     the program of the time and place at which the student may take the
 2-5     high school equivalency examination.
 2-6           (e)  The agency shall adopt rules to ensure that students are
 2-7     not encouraged to participate in the program solely as a means to
 2-8     divert students with discipline problems or poor academic
 2-9     performance into the program as an alternative to regular high
2-10     school graduation.
2-11           (f)  The agency shall request permission from the General
2-12     Educational Development Testing Service to administer the service's
2-13     high school equivalency examination to students enrolled in high
2-14     school who participate in the program.
2-15           (g)  The agency shall include in its comprehensive biennial
2-16     report, required under Section 39.182, the number of students
2-17     enrolled in the program and the number of students in the program
2-18     who performed satisfactorily on the high school equivalency
2-19     examination.
2-20           SECTION 2.  Subsection (a), Section 7.111, Education Code, is
2-21     amended to read as follows:
2-22           (a)  The board shall provide for the administration of high
2-23     school equivalency examinations.  A person who does not have a high
2-24     school diploma may take the examination in accordance with rules
2-25     adopted by the board if the person is:
2-26                 (1)  over 17 years of age; or
 3-1                 (2)[:  (1)  is]  16 years of age or older[;] and:
 3-2                       (A) [(2)]  a public agency providing supervision
 3-3     of the person or having custody of the person under a court order
 3-4     recommends that the person take the examination; or
 3-5                       (B)  the person has completed a high school
 3-6     equivalency preparation program under Section 29.086.
 3-7           SECTION 3.  Subsection (a), Section 25.086, Education Code,
 3-8     is amended to read as follows:
 3-9           (a)  A child is exempt from the requirements of compulsory
3-10     school attendance if the child:
3-11                 (1)  attends a private or parochial school that
3-12     includes in its course a study of good citizenship;
3-13                 (2)  is eligible to participate in a school district's
3-14     special education program under Section 29.003 and cannot be
3-15     appropriately served by the resident district;
3-16                 (3)  has a physical or mental condition of a temporary
3-17     and remediable nature that makes the child's attendance infeasible
3-18     and holds a certificate from a qualified physician specifying the
3-19     temporary condition, indicating the treatment prescribed to remedy
3-20     the temporary condition, and covering the anticipated period of the
3-21     child's absence from school for the purpose of receiving and
3-22     recuperating from that remedial treatment;
3-23                 (4)  is expelled in accordance with the requirements of
3-24     law in a school district that does not participate in a mandatory
3-25     juvenile justice alternative education program under Section
3-26     37.011;
 4-1                 (5)  is at least 17 years of age and:
 4-2                       (A)  is attending a course of instruction to
 4-3     prepare for the high school equivalency examination, and:
 4-4                             (i)  has the permission of the child's
 4-5     parent or guardian to attend the course;
 4-6                             (ii)  is required by court order to attend
 4-7     the course;
 4-8                             (iii)  has established a residence separate
 4-9     and apart from the child's parent, guardian, or other person having
4-10     lawful control of the child; or
4-11                             (iv)  is homeless as defined by 42 U.S.C.
4-12     Section 11302; or
4-13                       (B)  has received a high school diploma or high
4-14     school equivalency certificate;
4-15                 (6)  is at least 16 years of age and:
4-16                       (A)  is attending a course of instruction to
4-17     prepare for the high school equivalency examination, if the child
4-18     is recommended to take the course of instruction by a public agency
4-19     that has supervision or custody of the child under a court order;
4-20     or
4-21                       (B)  has earned a high school equivalency
4-22     certificate after completing a program under Section 29.086;
4-23                 (7)  is enrolled in the Texas Academy of Mathematics
4-24     and Science;
4-25                 (8)  is enrolled in the Texas Academy of Leadership in
4-26     the Humanities; or
 5-1                 (9)  is specifically exempted under another law.
 5-2           SECTION 4.  The importance of this legislation and the
 5-3     crowded condition of the calendars in both houses create an
 5-4     emergency and an imperative public necessity that the
 5-5     constitutional rule requiring bills to be read on three several
 5-6     days in each house be suspended, and this rule is hereby suspended,
 5-7     and that this Act take effect and be in force from and after its
 5-8     passage, and it is so enacted.