1-1     By:  Ogden                                             S.B. No. 516
 1-2           (In the Senate - Filed February 15, 1999; February 17, 1999,
 1-3     read first time and referred to Committee on Education;
 1-4     April 16, 1999, reported favorably by the following vote:  Yeas 8,
 1-5     Nays 0; April 16, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to school district high school equivalency examination
 1-9     programs.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter C, Chapter 29, Education Code, is
1-12     amended by adding Section 29.086 to read as follows:
1-13           Sec. 29.086.  SCHOOL DISTRICT HIGH SCHOOL EQUIVALENCY
1-14     EXAMINATION PROGRAMS.  (a)  The agency shall develop a program for
1-15     school districts to prepare eligible students who are at risk of
1-16     dropping out of school to take a high school equivalency
1-17     examination.
1-18           (b)  A district that participates in the program shall offer
1-19     preparatory classes for the high school equivalency examination to
1-20     each eligible district student.
1-21           (c)  A student is eligible to participate in the program if:
1-22                 (1)  the student is 16 years of age or older at the
1-23     beginning of the school year or semester;
1-24                 (2)  the student and the student's parent or guardian
1-25     agree to the student's participation;
1-26                 (3)  there is a reasonable expectation that the student
1-27     will not graduate on schedule;
1-28                 (4)  there is a reasonable expectation that on
1-29     completion of the program the student will be able to perform
1-30     satisfactorily on the high school equivalency examination; and
1-31                 (5)  any other conditions specified by the agency are
1-32     satisfied.
1-33           (d)  A district shall inform each student who has completed
1-34     the program of the time and place at which the student may take the
1-35     high school equivalency examination.
1-36           (e)  The agency shall adopt rules to ensure that students are
1-37     not encouraged to participate in the program solely as a means to
1-38     divert students with discipline problems or poor academic
1-39     performance into the program as an alternative to regular high
1-40     school graduation.
1-41           (f)  The agency shall request permission from the General
1-42     Educational Development Testing Service to administer the service's
1-43     high school equivalency examination to students enrolled in high
1-44     school who participate in the program.
1-45           SECTION 2.  Subsection (a), Section 7.111, Education Code, is
1-46     amended to read as follows:
1-47           (a)  The board shall provide for the administration of high
1-48     school equivalency examinations.  A person who does not have a high
1-49     school diploma may take the examination in accordance with rules
1-50     adopted by the board if the person is:
1-51                 (1)  over 17 years of age; or
1-52                 (2) [: (1)  is]  16 years of age or older[;] and:
1-53                       (A) [(2)]  a public agency providing supervision
1-54     of the person or having custody of the person under a court order
1-55     recommends that the person take the examination; or
1-56                       (B)  the person has completed a high school
1-57     equivalency preparation program under Section 29.086.
1-58           SECTION 3.  Subsection (a), Section 25.086, Education Code,
1-59     is amended to read as follows:
1-60           (a)  A child is exempt from the requirements of compulsory
1-61     school attendance if the child:
1-62                 (1)  attends a private or parochial school that
1-63     includes in its course a study of good citizenship;
1-64                 (2)  is eligible to participate in a school district's
 2-1     special education program under Section 29.003 and cannot be
 2-2     appropriately served by the resident district;
 2-3                 (3)  has a physical or mental condition of a temporary
 2-4     and remediable nature that makes the child's attendance infeasible
 2-5     and holds a certificate from a qualified physician specifying the
 2-6     temporary condition, indicating the treatment prescribed to remedy
 2-7     the temporary condition, and covering the anticipated period of the
 2-8     child's absence from school for the purpose of receiving and
 2-9     recuperating from that remedial treatment;
2-10                 (4)  is expelled in accordance with the requirements of
2-11     law in a school district that does not participate in a mandatory
2-12     juvenile justice alternative education program under Section
2-13     37.011;
2-14                 (5)  is at least 17 years of age and:
2-15                       (A)  is attending a course of instruction to
2-16     prepare for the high school equivalency examination, and:
2-17                             (i)  has the permission of the child's
2-18     parent or guardian to attend the course;
2-19                             (ii)  is required by court order to attend
2-20     the course;
2-21                             (iii)  has established a residence separate
2-22     and apart from the child's parent, guardian, or other person having
2-23     lawful control of the child; or
2-24                             (iv)  is homeless as defined by 42 U.S.C.
2-25     Section 11302; or
2-26                       (B)  has received a high school diploma or high
2-27     school equivalency certificate;
2-28                 (6)  is at least 16 years of age and:
2-29                       (A)  is attending a course of instruction to
2-30     prepare for the high school equivalency examination, if the child
2-31     is recommended to take the course of instruction by a public agency
2-32     that has supervision or custody of the child under a court order;
2-33     or
2-34                       (B)  has earned a high school equivalency
2-35     certificate after completing a program under Section 29.086;
2-36                 (7)  is enrolled in the Texas Academy of Mathematics
2-37     and Science;
2-38                 (8)  is enrolled in the Texas Academy of Leadership in
2-39     the Humanities; or
2-40                 (9)  is specifically exempted under another law.
2-41           SECTION 4.  The importance of this legislation and the
2-42     crowded condition of the calendars in both houses create an
2-43     emergency and an imperative public necessity that the
2-44     constitutional rule requiring bills to be read on three several
2-45     days in each house be suspended, and this rule is hereby suspended,
2-46     and that this Act take effect and be in force from and after its
2-47     passage, and it is so enacted.
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