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.