By:  Bivins                                           S.B. No. 1472
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the age at which a student may take the high school
 1-2     equivalency examination and the age of compulsory attendance in
 1-3     public school.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (a), Section 7.111, Education Code, is
 1-6     amended to read as follows:
 1-7           (a)  The board shall provide for the administration of high
 1-8     school equivalency examinations.  A person who does not have a high
 1-9     school diploma may take the examination in accordance with rules
1-10     adopted by the board if the person is:
1-11                 (1)  over 17 years of age; or[:]
1-12                 (2) [(1)  is]  16 years of age or older and:
1-13                       (A)  is enrolled in a Job Corps training program
1-14     under the Job Training Partnership Act (29 U.S.C. Section 1501 et
1-15     seq.), and its subsequent amendments; or [and]
1-16                       (B) [(2)]  a public agency providing supervision
1-17     of the person or having custody of the person under a court order
1-18     recommends that the person take the examination.
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;
 2-1                 (2)  is eligible to participate in a school district's
 2-2     special education program under Section 29.003 and cannot be
 2-3     appropriately served by the resident district;
 2-4                 (3)  has a physical or mental condition of a temporary
 2-5     and remediable nature that makes the child's attendance infeasible
 2-6     and holds a certificate from a qualified physician specifying the
 2-7     temporary condition, indicating the treatment prescribed to remedy
 2-8     the temporary condition, and covering the anticipated period of the
 2-9     child's absence from school for the purpose of receiving and
2-10     recuperating from that remedial treatment;
2-11                 (4)  is expelled in accordance with the requirements of
2-12     law in a school district that does not participate in a mandatory
2-13     juvenile justice alternative education program under Section
2-14     37.011;
2-15                 (5)  is at least 17 years of age and:
2-16                       (A)  is attending a course of instruction to
2-17     prepare for the high school equivalency examination, and:
2-18                             (i)  has the permission of the child's
2-19     parent or guardian to attend the course;
2-20                             (ii)  is required by court order to attend
2-21     the course;
2-22                             (iii)  has established a residence separate
2-23     and apart from the child's parent, guardian, or other person having
2-24     lawful control of the child; or
2-25                             (iv)  is homeless as defined by 42 U.S.C.
2-26     Section 11302; or
 3-1                       (B)  has received a high school diploma or high
 3-2     school equivalency certificate;
 3-3                 (6)  is at least 16 years of age and is attending a
 3-4     course of instruction to prepare for the high school equivalency
 3-5     examination, if:
 3-6                       (A)  the child is recommended to take the course
 3-7     of instruction by a public agency that has supervision or custody
 3-8     of the child under a court order; or
 3-9                       (B)  the child is enrolled in a Job Corps
3-10     training program under the Job Training Partnership Act (29 U.S.C.
3-11     Section 1501 et seq.), and its subsequent amendments;
3-12                 (7)  is enrolled in the Texas Academy of Mathematics
3-13     and Science;
3-14                 (8)  is enrolled in the Texas Academy of Leadership in
3-15     the Humanities; or
3-16                 (9)  is specifically exempted under another law.
3-17           SECTION 3.  This Act applies beginning with the 1999-2000
3-18     school year.
3-19           SECTION 4.  The importance of this legislation and the
3-20     crowded condition of the calendars in both houses create an
3-21     emergency and an imperative public necessity that the
3-22     constitutional rule requiring bills to be read on three several
3-23     days in each house be suspended, and this rule is hereby suspended,
3-24     and that this Act take effect and be in force from and after its
3-25     passage, and it is so enacted.